Clemency Board Waiver Authority Congressional Review Emergency Declaration Resolution of 2026

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

The bill lets the Clemency Board waive the 5-year pardon waiting period, speeding access to clemency by amending the Clemency Board Establishment Act.

Resolution R26-0358, Effective from Mar 31, 2026 Published in DC Register Vol 73 and Page 006072

Purpose and Intent

The resolution declares an emergency to address a gap in the District of Columbia law regarding the Clemency Board’s authority.

Specifically, it seeks to authorize a waiver of the 5-year waiting period before applicants seeking a pardon can apply, by amending Section 205 of the Clemency Board Establishment Act of 2018.

The emergency declaration is tied to the need for congressional review of related emergency and temporary acts, ensuring no lapse in legal authority between those acts’ expirations and effective dates.

Key Provisions

Emergency Declaration: Establishes an emergency status for the purpose of adopting the amendment after a single reading, to prevent a legal gap.

Proposed Amendment: Amend Section 205 of the Clemency Board Establishment Act of 2018 to allow the Clemency Board to grant a waiver of the 5-year waiting period for pardon applicants.

Contextual Timeline:

The January 6, 2026, emergency act (Clemency Board Waiver Authority Emergency Amendment Act of 2026) was adopted and is set to expire May 28, 2026.
A February 3, 2026, temporary amendment act (Clemency Board Waiver Authority Temporary Amendment Act of 2026) was enacted and is pending congressional review.
The resolution identifies the new emergency act as necessary to prevent a statutory gap between the expiration of the emergency act and the effective date of the temporary act.

Affected Parties and Scope

Clemency Board: The entity authorized to grant pardons, and now, with the proposed amendment, able to waive the 5-year waiting period for pardon applicants.

Pardon Applicants: Individuals seeking clemency who would benefit from a waived waiting period.

Legislative/Review Process: The measure is framed to proceed under expedited review (single reading) due to its emergency nature, with immediate effect upon adoption.

Procedural and Timeline Aspects

Effective Mechanism: The resolution itself takes effect immediately.

Interim Gap Prevention: Designed to bridge the period between the expiration of the recent emergency act and the implementing date of the temporary act to avoid a lapse in authority.

Legislative Process: The bill was introduced by Councilmember Brooke Pinto and co-sponsored by herself; it has undergone the council’s readings and is labeled as an emergency congressional review measure.

Practical Impact

If enacted, the Clemency Board would have the authority to waive the 5-year waiting period for pardon applicants, potentially accelerating or expanding access to clemency where appropriate.

The measure emphasizes continuity of clemency policy amidst overlapping emergency and temporary acts subject to federal congressional review.

Bill