Presidential Pardon Integrity Act

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. SEC. 5. COLLECTION OF INFORMATION REGARDING GRANTS OF EXECUTIVE CLEMENCY. (a) Notice to Covered Recipients.--Not later than 2 days after the date on which the President grants a covered recipient executive clemency, the Office of the Pardon Attorney, in coordination with the Bureau of Prisons, shall notify the covered recipient that the covered recipient is required to submit information in accordance with subsection (b). (b) Information.--Not later than 62 days after the date on which the President grants a covered recipient executive clemency, the covered recipient shall submit, through the online portal established under subsection (d), the following information: (1) Whether the covered recipient engaged another person or entity to lobby for clemency and the identity of such person or entity, if applicable, including engaging another person or entity to provide legal services rendered in connection with representation before a court of law, lobbying, advocacy, advice or other services related to the seeking or obtaining executive clemency. (2) Whether the covered recipient, or someone on behalf of the covered recipient, provided a covered benefit to-- (A) the President or an immediate family member of the President, including the spouse of an immediate family member; (B) a member of the Cabinet or an immediate family member of a member of the Cabinet; (C) a Member of Congress or an immediate family member of a Member of Congress; or (D) any entity established, financed, maintained, or controlled by the President or an immediate family member of the President, including the spouse of an immediate family member. (c) Public Notice.--Not later than 62 days after the date on which the President grants a covered recipient executive clemency, the Office of the Pardon Attorney shall post on a public website the information collected pursuant to paragraphs (1) and (2) of subsection (b). (d) Online Portal.--Not later than 90 days after the date of enactment of this section, the Attorney General shall establish an online portal through which covered recipients shall submit the information required under subsection (b) and section 6. (e) Enforcement.--A covered recipient who knowingly fails to submit information required to be submitted under subsection (b), submits materially false or incomplete information under subsection (b), or otherwise violates this section shall be subject to a civil penalty of not more than $5,000. (f) Rule of Construction.--Nothing in subsection (b)(1) shall be construed to limit any State common law privilege, including the attorney-client privilege. SEC. 6. DISCLOSURE BY PERSONS WHO SEEK EXECUTIVE CLEMENCY ON BEHALF OF OTHERS FOR COMPENSATION. (a) Definitions.--In this section: (1) Clemency contact.--The term ``clemency contact'' means any oral or written communication, including an electronic communication, to a covered individual that is made with regard to a request for executive clemency or the grant or denial of executive clemency to a specific person, without regard to whether a petition has been submitted under section 4. (2) Clemency representative.-- (A) In general.--The term ``clemency representative'' means any person or entity that, for compensation, makes a clemency contact on behalf of another person, without regard to-- (i) whether the person or entity is registered under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); (ii) the number of clemency contacts made by the person or entity; or (iii) the proportion of time the person or entity devotes to clemency contacts. (B) Exclusion.--The term ``clemency representative'' does not include any individual, organization, or other entity, or any officer employee, member, or volunteer of an organization or entity, that makes a clemency contact on behalf of another person without receiving compensation, directly or indirectly, from or on behalf of that person for the clemency contact. (3) Compensation.--The term ``compensation'' means any payment, fee, retainer, contingent or success fee, gift, loan, investment, business opportunity, or other thing of value, whether provided or promised, directly or indirectly. (4) Covered individual.--The term ``covered individual'' means-- (A) the President; (B) the Vice President; (C) any officer or employee of the Executive Office of the President; (D) any officer or employee of the Office of the Vice President; (E) the Attorney General; (F) the Deputy Attorney General; (G) any officer or employee of the Office of the Attorney General; (H) any officer or employee of the Office of the Deputy Attorney General; (I) any officer or employee of the Office of the Pardon Attorney; (J) any other covered executive branch official, as defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602); or (K) an immediate family member of the President, including the spouse of an immediate family member. (b) Disclosure Required.-- (1) Initial disclosure.--Not later than 30 days after the date on which a clemency representative first makes a clemency contact on behalf of a person, the clemency representative shall submit to the Pardon Attorney, through the online portal established under section 5(d), a disclosure containing the information described in subsection (c). (2) Supplemental disclosure.--A clemency representative shall submit through the online portal established under section 5(d) an updated disclosure containing any information described in subsection (c) not included in a prior disclosure not later than 30 days after-- (A) the date on which the President grants or denies executive clemency to the person on whose behalf the clemency representative made a clemency contact; and (B) the date on which the clemency representative receives or is promised any compensation not reported in a prior disclosure. (c) Contents.--Each disclosure under subsection (b) shall include-- (1) the name, address, and principal place of business of the clemency representative and, in the case of a clemency representative that is an entity, the name of each employee of the entity who made a clemency contact; (2) the name of the person or persons on whose behalf each clemency contact was made; (3) the name of each person or entity that paid, promised, or arranged compensation to the clemency representative, if different from the person described in paragraph (2); (4) for each clemency contact, the date and form of the communication and the name and position of each covered individual contacted; (5) the nature, amount, and terms of all compensation received or promised, including whether any portion of the compensation is contingent on a grant of executive clemency; and (6) whether the clemency representative, or any person acting on behalf of the clemency representative, provided a contribution, donation, gift, service, payment, or other thing of value with an aggregate value of not less than $5,000 to a person or entity described in subparagraphs (A) through (D) of section 5(b)(2) during the 3-year period ending on the date of the disclosure, and, if so, the recipient, amount, and date of each such provision. (d) Public Notice and Submission to Congress.--Not later than 15 days after the date on which the Pardon Attorney receives a disclosure under subsection (b), the Pardon Attorney shall-- (1) post the disclosure on the public website described in section 5(c) in a searchable, sortable, and downloadable format; and (2) notify 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 of the disclosure. (e) Penalties.-- (1) Civil penalty.--A clemency representative that knowingly fails to comply with this section, including knowingly omitting information required under subsection (c), shall be subject to a civil penalty of not more than $200,000. (2) Referral.--The Pardon Attorney shall refer any apparent violation of this section to the Attorney General and, not later than 30 days after making the referral, shall notify 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 of the referral. (f) Rules of Construction.--Nothing in this section shall be construed to-- (1) require the disclosure of the content of any communication protected by the attorney-client privilege, except that the identity of a clemency representative, the fact and date of a clemency contact, and the compensation described in subsection (c)(5) shall not be considered privileged for purposes of this section; or (2) exempt a clemency representative from any obligation under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). SEC. 7. PRIVATE RIGHT OF ACTION FOR RESTITUTION. (a) Definitions.--In this section: (1) Covered restitution awardee.--The term ``covered restitution awardee'' means a person who is the beneficiary of an order of restitution entered before the date of a grant of executive clemency to a covered recipient with respect to an offense for which the covered recipient received executive clemency. (2) Order of restitution.--The term ``order of restitution'' means an order providing for restitution-- (A) under section 3663 or 3663A of title 18, United States Code; (B) under any other statute authorizing criminal restitution; or (C) as applicable at common law. (b) Right of Action.-- (1) In general.--A covered restitution awardee may, upon a failure of a covered recipient to pay amounts due to the covered awardee under an order of restitution, bring a civil action in an appropriate district court of the United States seeking such payment. (2) Jurisdiction.--The district courts of the United States shall have original jurisdiction of a civil action brought under paragraph (1). (c) Relief.--In a civil action under subsection (b), the court may, without regard to the receipt of executive clemency by a covered recipient, and upon a failure by the covered recipient to pay the restitution amount, award a covered restitution awardee the amount of the restitution provided for under the applicable order of restitution and costs, including reasonable attorneys fees. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to limit the power of the President to grant executive clemency under the powers granted by section 2 of article II of the Constitution of the United States. <all>