Presidential Pardon Integrity Act

(a) Submission of petition

(1) In general. A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute a formal petition. The petition shall be addressed to the President of the United States and shall be submitted to the Pardon Attorney, Department of Justice, Washington, DC 20530, except for petitions relating to military offenses.

(2) Forms. The Pardon Attorney and the wardens of Federal penal institutions shall make available forms for petitioning for executive clemency and other required forms.

(3) Military offenses. A petitioner applying for executive clemency with respect to a military offense shall submit his or her petition directly to the Secretary of the military department that had original jurisdiction over the court-martial trial and conviction of the petitioner. In such a case, a form furnished by the Pardon Attorney may be used but should be modified to meet the needs of the particular case.

(4) Contents of petition. Each petition for executive clemency shall include the information required in the form prescribed by the Pardon Attorney.

(b) Offenses against the laws of possessions or territories of the United States. A petition for executive clemency shall relate only to violations of laws of the United States. Petitions relating to violations of laws of the possessions of the United States or territories subject to the jurisdiction of the United States shall be submitted to the appropriate official or agency of the possession or territory concerned.

(c) Consideration of petitions; notification of victims; recommendations to the president

(1) In general. Upon receipt of a petition for executive clemency, the Pardon Attorney shall cause such investigation to be made of the matter as he or she may determine necessary and appropriate, using the services of, or obtaining reports from, appropriate officials and agencies of the Government, including the Federal Bureau of Investigation.

(2) Notification of victims

(A) In general. When a person requests clemency (in the form of either a commutation of a sentence or a pardon after serving a sentence) for a conviction of a felony offense for which there was a victim, and the Pardon Attorney concludes from the information developed in the clemency case that investigation of the clemency case warrants contacting the victim, the Pardon Attorney, with assistance from the United States attorney for the district of conviction or, if a litigating component of the Department of Justice was responsible for the case, the Assistant Attorney General in charge of the component, shall make a reasonable effort to notify each victim of the crime for which clemency is sought—

(i) that a clemency petition has been filed;

(ii) that the victim may submit comments regarding clemency; and

(iii) whether the clemency request ultimately is granted or denied by the President.

(B) Considerations. In determining whether contacting the victim is warranted, the Pardon Attorney shall consider the seriousness and recency of the offense, the nature and extent of the harm to the victim, the defendant’s overall criminal history and history of violent behavior, and the likelihood that clemency could be recommended in the case.

(C) Mandatory notice. In the case of a victim who has on file with the Federal Bureau of Prisons a request to be notified of an offender’s release from custody pursuant to section 551.152 of title 28, Code of Federal Regulations, or any successor regulation, the Pardon Attorney shall notify the victim of the release.

(D) Reasonable efforts. The Pardon Attorney shall be deemed to have made reasonable effort to notify a victim if the Pardon Attorney, with assistance from the United States attorney for the district of conviction or, if a litigating component of the Department of Justice was responsible for the case, the Assistant Attorney General in charge of the component, mails, or directs the mailing of, written notice to the last-known address reported by the victim to the Federal Bureau of Prisons under section 551.152 of title 28, Code of Federal Regulations, or any successor regulation.

(E) Definition. In this paragraph, the term victim means the following individuals:

(i) An individual who has suffered direct or threatened physical, emotional, or pecuniary harm as a result of the commission of the crime for which clemency is sought.

(ii) In the case of an individual who died or was rendered incompetent as a direct and proximate result of the commission of the crime for which clemency is sought, one of the following relatives of the victim (in order of preference):

(I) The spouse.

(II) An adult child.

(III) A parent.

(3) Review and recommendation. The Pardon Attorney shall review each petition and all pertinent information developed by the investigation and shall determine whether the request for clemency is of sufficient merit to warrant favorable action by the President. The Pardon Attorney shall report in writing his or her recommendation to the President, stating whether in his or her judgment the President should grant or deny the petition.

(d) Notification of grant of clemency. When a petition for executive clemency is granted, the Pardon Attorney shall—

(1) in the case of a grant of a pardon, notify the petitioner or his or her attorney of such action and mail, or direct the mailing of, the warrant of pardon to the petitioner;

(2) in the case of a grant of a commutation of sentence, notify the petitioner of such action and deliver the warrant of a commutation to the petitioner through the officer in charge of his or her place of confinement, or directly to the petitioner if the petitioner is on parole, probation, or supervised release; and

(3) in all cases of a grant of executive clemency, not later than 30 days after the date on which the President grants the individual executive clemency, post on a public website maintained by the Department of Justice the name of the individual granted clemency, the district of conviction, sentence, offense, and reason for the grant of executive clemency.

(e) Notification of denial of clemency

(1) In general. Whenever the President notifies the Pardon Attorney that the President has denied a request for clemency, the Pardon Attorney shall so advise the petitioner and close the case.

(2) Recommendation of denial. Except in cases in which a sentence of death has been imposed, whenever the Pardon Attorney recommends that the President deny a request for clemency and the President does not disapprove or take other action with respect to that adverse recommendation within 90 days after the date of its submission to the President, it shall be presumed that the President concurs in that adverse recommendation of the Pardon Attorney, and the Pardon Attorney shall so advise the petitioner and close the case.

(f) Delegation of authority. The Pardon Attorney may delegate to any officer or employee of the Office of the Pardon Attorney any of his or her duties or responsibilities under this section.

(g) Disclosure of files

(1) Construction. Nothing in this section shall be construed to limit or otherwise affect the disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act) of any petition, report, memorandum, or communication created, submitted, or furnished, in whole or in part, in connection with the consideration of a petition for executive clemency, including the recommendation of the Pardon Attorney to the President.

(2) Submission to Congress

(A) In general. Not later than 30 days after the date on which the President grants an individual executive clemency, the Pardon Attorney shall submit to the chairman and ranking member of the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives all petitions, reports, memoranda, and communications created, submitted, or furnished, in whole or in part, in connection with the consideration of the petition for executive clemency, including the Pardon Attorney's recommendation to the President.

(B) No records. If there are no petitions, reports, memoranda, or communications described in subparagraph (A) with respect to a grant of executive clemency to an individual, the Pardon Attorney shall submit to the chairman and ranking member of the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a certification so indicating.