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S 256119th CongressIn Committee

Pardon Transparency and Accountability Act of 2025

Introduced: Jan 25, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Pardon Transparency and Accountability Act of 2025 would dramatically expand transparency and accountability around the federal clemency process. It requires the President to publish a written explanation for any executive clemency grant (pardon, commutation, reprieve, or remission of a fine) in the Federal Register and on the White House website. The bill also strengthens victim input and oversight by requiring the Pardon Attorney to prepare a Justice Impact Statement early in the process, detailing victim input and potential effects on ongoing investigations, and by mandating more proactive notification and engagement with victims and law enforcement. In addition, it broadens lobbying disclosure by treating clemency as a trigger for lobbyist registration and reporting, and it creates regular study-and-reporting requirements to track compliance. A severability clause keeps the rest of the act in effect if any provision is struck down.

Key Points

  • 1Public disclosure of reasons for clemency: For every grant of executive clemency, the President must publish a written explanation of the reasons in the Federal Register and on the President’s official website.
  • 2Enhanced victim involvement and impact analysis: The Pardon Attorney must draft a Justice Impact Statement early in the process (within up to 30 days of learning clemency is being considered) describing efforts to contact victims, victims’ views, and how clemency could affect ongoing investigations or prosecutions; this statement must be completed even if clemency is granted.
  • 3Pardon Attorney duties and interagency input: The Pardon Attorney is empowered to collect victims’ written statements, determine victims’ opinions, and consult with the Attorney General, the Secretary of Homeland Security, and other law enforcement officials regarding potential impacts.
  • 4Expanded lobbying disclosures for clemency: Clemmency-related lobbying becomes a trigger for Lobbying Disclosure Act reporting, with lobbyists required to register within 2 days of first clemency-related lobbying contact and to file related reports.
  • 5Ongoing studies and reporting: Starting 180 days after enactment and every two years thereafter, the Pardon Attorney will study compliance with the act and report findings and recommendations to Congress by April 1 each year following the study.
  • 6Severability: If any provision is found invalid, the rest of the act remains in effect.

Impact Areas

Primary group/area affected: Victims and their families (who may submit statements and be consulted), recipients of clemency (and their legal matters), the Pardon Attorney and the Department of Justice, and federal law enforcement agencies involved in ongoing investigations.Secondary group/area affected: Congress (receiving the Justice Impact Statements and compliance reports), administrative and legal staff at the White House and DOJ, and organizations involved in lobbying related to clemency.Additional impacts: Increased transparency and potential chilling effect on presidential discretion, higher administrative and compliance costs for government agencies, and heightened reporting requirements for lobbyists engaged in clemency efforts. The overall effect could be to shift the balance of power toward greater public accountability at the expense of informal or confidential clemency considerations.Executive clemency includes pardons, commutations, reprieves, and remission of fines.Victim is defined as in the Victims’ Rights and Restitution Act of 1990, ensuring defined rights and input mechanisms.
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