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B 26-0649

Clemency Board Waiver Authority Congressional Review Emergency Amendment Act of 2026

26th Council Period (2025-2026) Introduced by Brooke Pinto

The bill allows the DC Clemency Board to waive the 5-year waiting period for pardons on an emergency, written-request basis, but only with federal guidance and under specific condi

Act A26-0295 Published in DC Register Vol 73 and Page 006067, Expires on Jul 09, 2026
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Bill Summary · B 26-0649

Bill Summary: Clemency Board Waiver Authority Congressional Review Emergency Amendment Act of 2026 (B 26-0649)

Overview

  • Jurisdiction: District of Columbia
  • Bill: B 26-0649
  • Session: 26
  • Sponsor: Councilmember Brooke Pinto (co-sponsor listed)
  • Title: Clemency Board Waiver Authority Congressional Review Emergency Amendment Act of 2026
  • Purpose: To authorize the DC Clemency Board, on an emergency basis, to waive the 5-year waiting period for certain pardon applicants when specific conditions are met and when authorized by federal guidance.

Main Purpose and Intent

The act amends the Clemency Board Establishment Act of 2018 to enable the Clemency Board to grant a waiver of the 5-year waiting period that typically applies before a DC pardon can be considered. The waiver can be granted only in response to a written request from the applicant and only under defined conditions tied to federal law/policy guidance.

The measure is framed as an emergency act requiring congressional review, with a temporary effective window (90 days) to address or align with federal guidance.

Key Provisions and Changes

  • New Authority (emergency basis): The Clemency Board may grant a waiver of the 5-year waiting period for pardon applicants.

  • Conditions for Granting a Waiver:

    1. The Board must have written notice from the Office of the Pardon Attorney that the Pardon Attorney or the President of the United States has provided a waiver of the 5-year requirement under 9-140.112 of the Department of Justice Manual.
    2. The Board may still decline to grant the waiver even if such notice is received.
    3. The waiver cannot be granted if the applicant is on probation, parole, or supervised release.
    4. The Board may request additional information from the applicant and may require a meeting to discuss the waiver request.
    5. The Board must provide written notice of its decision to grant or deny the waiver.
    6. Before issuing a decision, the applicant’s main pardon application must be deferred pending the waiver determination.

  • Section referenced: Adds subsection (f) to Section 205 of the Clemency Board Establishment Act of 2018 (DC Official Code § 24-481.05).

Affected Parties and Impacts

  • Primary: Applicants seeking a DC pardon who would benefit from a reduced waiting period.
  • Clemency Board: Receives authority to grant waivers under the specified conditions and to manage the waiver process (requests for information, possible meetings, deferral of the main pardon application during waiver review).
  • Federal Alignment: Ties the DC Board’s waiver authority to federal guidance/actions from the Office of the Pardon Attorney and/or President of the United States, as documented in the Department of Justice Manual.

Procedural and Timeline Aspects

  • Effective Date: The act takes effect after mayoral approval (and potential Council override if vetoed) and remains in effect for no longer than 90 days, consistent with emergency acts under DC Home Rule Act.
  • Legislative Process: Emergency measure with congressional review required; tied to rapid alignment with federal pardon guidance.
  • Fiscal Impact: The fiscal impact statement is adopted from the Budget Director’s assessment (as required by the DC General Legislative Procedures Act).

Additional Notes

  • The bill file includes supporting documents and an enrolled act with nonstandard formatting in the provided text, but the core provisions are clear: conditional, written waiver authority for the 5-year waiting period tied to federal pardon guidance, with safeguards (no waiver if on supervised release, potential for further information, and deferred main application during waiver review).

If you need, I can provide a side-by-side comparison with the current statute to highlight exact changes and affected code sections.

Compiled from official sources — confirm details with the bill’s official record.

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