S.Amdt. 5720

The proposed amendment is called the Pardon Transparency and Accountability Act of 2026. Its purpose is to add new requirements and transparency measures to the process of granting executive clemency.

Key Changes and Additions:

• Presidential Requirements: The President must provide a written explanation of the reasons for granting executive clemency by publishing it in the Federal Register and on the official presidential website on the date the clemency is granted.

• Pardon Attorney Duties: The Pardon Attorney must create a Justice Impact Statement when a potential grant of clemency is being considered. This statement must be provided to the President and Congress. The process includes:

  • Making reasonable efforts to inform victims and allow them to submit written statements.
  • Determining the opinions of victims.
  • Determining the opinions of the Attorney General, the Secretary of Homeland Security, and other law enforcement officials regarding the impact on ongoing investigations or prosecutions.
  • Completing the statement even if it is submitted after the clemency is granted.

• Lobbying Disclosures: The amendment updates the Lobbying Disclosure Act of 1995 to include lobbying for executive clemency. It requires:

  • Lobbyists to register with the Secretary of the Senate and the Clerk of the House within 2 days of first making a contact or being hired for such a contact.
  • Registered lobbyists to file a report within 2 days after a lobbying contact regarding potential executive clemency.

• Oversight: The Pardon Attorney must conduct a study every two years on compliance with these rules and submit a report with findings and recommendations to Congress by April 1 of the following year.