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B 26-0695

Clemency Board Waiver Authority Second Congressional Review Emergency Amendment Act of 2026

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

The act lets the DC Clemency Board waive the 5-year pardon waiting period for eligible applicants under defined conditions.

Retained by the Council
0
WeVote Research Nonpartisan
Bill Summary · B 26-0695

Purpose and intent

  • This emergency act amends the Clemency Board Establishment Act of 2018 to authorize the DC Clemency Board to grant a waiver of the 5-year waiting period for applicants seeking a pardon. The change is made on an emergency basis to respond to congressional review requirements.

Key provisions and changes

  • New authority added to Section 205(f) of the Clemency Board Establishment Act:
    • The Clemency Board may grant a waiver of the 5-year waiting period for pardon applicants, but only under specific conditions and procedures.
    • Conditions for granting a waiver: 1) The Board must have a written notice from the Office of the Pardon Attorney indicating that the Pardon Attorney or the President has provided a waiver of the 5-year requirement under the DOJ Manual (specifically 9-140.112). 2) The Board may still decline to grant the waiver even if such notice is received. 3) The waiver shall not be granted if the applicant is currently on probation, parole, or supervised release. 4) The Board may request additional information from the applicant and may meet with the applicant to discuss the waiver request. 5) The Board must provide written notice of its decision to grant or deny the waiver. 6) Before making a waiver determination, the applicant’s pardon application must be deferred pending the waiver decision.
  • Administrative and procedural aspects:
    • The Board can request additional information and potentially hold a meeting with the applicant.
    • Written notice requirements apply for both grant and denial.
    • Deferral of the pardon application occurs prior to the waiver decision.

Affected parties and outcomes

  • Primary affected entity: The DC Clemency Board.
  • Affected individuals: Pardon applicants seeking relief who would benefit from a shortened waiting period, subject to meeting the waiver criteria.
  • Additional impact: The change creates a potential pathway for expedited consideration for certain applicants when a federal/DOJ waiver is in place, though it remains discretionary for the Board.

Financial and timing considerations

  • Fiscal impact: The act adopts the Budget Director’s fiscal impact statement (standard practice for emergency acts).
  • Effective date and duration:
    • The act takes effect after the Mayor’s approval (or Council action over a veto) and lasts for up to 90 days as an emergency act.
    • This is a temporary measure tied to emergency congressional review requirements.

Additional notes

  • This act is titled the “Clemency Board Waiver Authority Second Congressional Review Emergency Amendment Act of 2026.”
  • The act was introduced by Councilmember Brooke Pinto and has a co-sponsor of Brooke Pinto.
  • The emergency status means the provision is intended to be in place briefly, pending further consideration or longer-term legislation.

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

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