The Clemency Board Waiver Authority Congressional Review Emergency Amendment Act of 2026 amends 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 to section 205, 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 even with such notice and cannot grant a waiver 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 amendment is enacted on an emergency basis, allowing it to remain in effect for up to 90 days following approval by the Mayor or the Council's override of a potential veto.