The Clemency Board Waiver Authority Temporary Amendment Act of 2026 amends 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 applicants seeking a pardon. A new subsection (f) is added, which outlines the conditions under which the Board may grant such waivers. Specifically, the Board can only grant a waiver if it receives notice from the Office of the Pardon Attorney that a waiver has been provided by the Pardon Attorney or the President of the United States. Additionally, the Board retains the discretion to decline a waiver request even if the notice is received, and waivers cannot be granted if the applicant is currently on probation, parole, or supervised release.
The new provisions also require the Board to request additional information from the applicant if necessary, provide written notice of its decision regarding the waiver request, and defer the application until a determination is made. This act will take effect upon approval by the Mayor and a 60-day congressional review period, and it is set to expire 225 days after its enactment.