The resolution, titled the Clemency Board Waiver Authority Emergency Declaration Resolution of 2025, addresses an urgent need to amend the Clemency Board Establishment Act of 2018. Currently, the Act requires a 5-year waiting period for applicants seeking a pardon to receive a letter of recommendation from the Clemency Board after their release or conviction. However, the Department of Justice's Office of the Pardon Attorney (DOJ-OPA) has the authority to grant waivers for this waiting period, a power that the Clemency Board currently lacks. This discrepancy has resulted in applicants who have received waivers from the DOJ-OPA being deemed ineligible for consideration by the Clemency Board, despite their applications being actively reviewed at the federal level.

To rectify this situation, the resolution proposes emergency legislation that would grant the Clemency Board the authority to consider requests for waivers of the 5-year waiting period when similar waivers have been granted by the DOJ-OPA. The Council of the District of Columbia recognizes the urgency of this amendment, as it would allow the Board to process pending applications that could significantly impact the applicants' chances for clemency. The resolution is set to take effect immediately following its adoption after a single reading, ensuring that the Board can act swiftly to address the needs of those seeking clemency.