The resolution declares an emergency regarding the need to amend the Clemency Board Establishment Act of 2018 to allow the Clemency Board to grant waivers for the 5-year waiting period for applicants seeking a pardon. Currently, the Act requires applicants to wait 5 years after their release or conviction to be eligible for a letter of recommendation from the Board. However, the Department of Justice's Office of the Pardon Attorney (DOJ-OPA) has the authority to grant such waivers, which the Clemency Board currently lacks, leading to potential ineligibility for applicants who have received waivers from the DOJ-OPA.

The resolution emphasizes that without this amendment, several applications that could be considered by the President for clemency will be deemed ineligible, negatively impacting the applicants. Therefore, the Council of the District of Columbia has determined that immediate action is necessary to amend the Act, allowing the Board to consider waiver requests in alignment with the DOJ-OPA's authority. The resolution is set to take effect immediately following its adoption after a single reading.