II 118th CONGRESS 2d Session S. 3563 IN THE SENATE OF THE UNITED STATES January 9, 2024 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the President to publish a statement of reasons for pardons, and for other purposes.

1. Short title This Act may be cited as the Pardon Transparency to Protect Investigations Act of 2024 . 2. Definitions In this Act: (1) Executive clemency the term executive clemency — (A) means any exercise by the President of the power to grant reprieves or pardons under clause 1 of section 2 of article II of the Constitution of the United States; and (B) includes any pardon, commutation, reprieve, or remission of a fine. (2) Victim The term victim has the meaning given the term in section 503(e) of the Victims’ Rights and Restitution Act of 1990 ( 34 U.S.C. 20141(e) ). 3. Statement of reasons for pardons On the date on which any grant of executive clemency is made, the President shall publish in the Federal Register and on the official website of the President a written explanation of the reasons for granting such executive clemency. 4. Duties of the Pardon Attorney (a) Justice Impact Statement The Pardon Attorney shall, as soon as the Pardon Attorney becomes aware of any potential grant of executive clemency being considered by the President, begin preparing a Justice Impact Statement, which shall be made available to the President and Congress as soon as practicable but not later than 30 days after the date on which the Pardon Attorney becomes so aware, and which shall include— (1) a description of the efforts of the Pardon Attorney— (A) to make each determination required under subsection (b); and (B) to contact victims as required under subsection (b)(1); and (2) any written statement submitted by a victim under subsection (b)(1). (b) Notification Any employee of the Department of Justice or Executive Office of the President who learns that the President is considering a grant of executive clemency shall immediately inform the Pardon Attorney of such consideration. (c) Determinations required In the preparation of any Justice Impact Statement under subsection (a), the Pardon Attorney shall make all reasonable efforts to— (1) inform the victims of each offense that is the subject of the potential grant of executive clemency that they may submit written statements for inclusion in the Justice Impact Statement prepared by the Pardon Attorney; (2) determine the opinions of the victims described in paragraph (1) regarding the potential grant of executive clemency; and (3) determine the opinions of the Attorney General, the Secretary of Homeland Security, and other Federal law enforcement officials, as appropriate, as to the potential impact of the grant of executive clemency on the success of any ongoing investigation or prosecution. (d) Justice Impact Statement completion The Justice Impact Statement required under subsection (a) shall be completed and submitted even if submitted after executive clemency is granted. 5. Pardon lobbying disclosure (a) Definitions Section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ) is amended— (1) in paragraph (8)— (A) in subparagraph (A)— (i) in clause (iii), by striking or after the semicolon; (ii) in clause (iv), by striking the period and inserting ; or ; and (iii) by adding at the end the following: (v) the issuance of a grant of executive clemency, as defined in section 2 of the Pardon Transparency to Protect Investigations Act of 2024 , in the form of a pardon, commutation of sentence, reprieve, or remission of fine. ; and (B) in subparagraph (B)(xii), by striking made to and inserting except as provided in subparagraph (A)(v), made to ; and (2) in paragraph (10), by inserting after the word period the following: , or any individual who is employed or retained by a client for financial or other compensation for services that include not fewer than 1 lobbying contact relating to a potential grant of executive clemency, as defined in section 2 of the Pardon Transparency to Protect Investigations Act of 2024 , regardless of the percent of the services provided by the individual to that client that consist of lobbying activities. (b) Registration of lobbyists Section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ) is amended by adding at the end the following: (e) Registration relating to grants of executive clemency Not later than 2 days after the date on which a lobbyist first makes a lobbying contact pertaining to a potential grant of executive clemency, as defined in section 2 of the Pardon Transparency to Protect Investigations Act of 2024 , or is employed or retained to make a lobbying contact pertaining to a potential grant of executive clemency, as so defined in that Act, whichever is earlier, such lobbyist (or the organization employing such lobbyist) shall register with the Secretary of the Senate and the Clerk of the House of Representatives in accordance with the requirements of this section, regardless of the total income or expenses related to such lobbying activities. . (c) Reports by registered lobbyists Section 5 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ) is amended by adding at the end the following: (f) Lobbying contacts relating to executive clemency Not later than 2 days after a lobbying contact pertaining to a potential grant of executive clemency, as defined in section 2 of the Pardon Transparency to Protect Investigations Act of 2024 , each registrant shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing the information described in subsection (b) relating to the lobbying contact pertaining to the potential grant of executive clemency. . 6. Studies and reports (a) Studies (1) In general Beginning on the date that is 180 days after the date of enactment of this Act, and every other year thereafter, the Pardon Attorney shall conduct a study on the extent of compliance or noncompliance with this Act. (2) Reports to Congress Not later than April 1 of each year following the completion of the study required under subsection, the Pardon Attorney shall submit to Congress a report containing the findings of the study and any recommendations to improve compliance with this Act. 7. Severability If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any particular person or circumstance is held invalid, the remaining provisions of this Act and the amendments made by this Act, and the application of such remaining provisions and amendments to any other person or circumstance, shall not be affected thereby.