Federal Legislation We Support, 118th Congress

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Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act eliminates the federal prison sentence disparity between crack cocaine and powdered cocaine offenses by equalizing the treatment between the two in sentencing and reducing the ratio from 18:1 to 1:1. The bill also makes this reform retroactive through individualized case review by federal courts.

Due Process Institute ENDORSES this bipartisan bill.

Update: The bill passed in the House by a 361-66 vote and now moves to the Senate for consideration.

This bill would help states end a counterproductive practice—suspending driver’s licenses simply because people cannot satisfy a financial obligation—and enact smart, data-driven policy on fines, fees, and driving license privileges.

Due Process Institute ENDORSES this bipartisan bill.

Update: The bill was reported favorably by the Senate Judiciary Committee.

The Emergency GRACE Act of 2021 makes compassionate release more accessible for federal prisoners. The provisions in this bill ensure everyone incarcerated in a federal prison can apply directly to a judge for compassionate release, create a presumption of a sentence reduction, and provide $50 million for state prison systems to implement compassionate release systems. Furthermore, it expands compassionate release opportunities for those sentenced prior to November 1987 and provides deserving candidates a chance for release.  

Due Process Institute ENDORSES this bipartisan bill. 

This bill closes a loophole in federal law that allows for large-scale federalization of the National Guard to perform domestic policing functions without invoking the Insurrection Act or any other form of congressional authorization. It reforms the command structure of the D.C. National Guard (DCNG) and transfers control over the DCNG from the president to the Mayor of Washington, D.C.

Due Process Institute ENDORSES this bipartisan bill. 

This bill greatly strengthens federal privacy protections against backdoor government snooping by reforming the current laws that allow federal agencies to buy Americans’ digital data and metadata in bulk from internet marketing firms without obtaining court orders based on individualized probable cause.

Due Process Institute ENDORSES this bipartisan bill. 

This legislation modernizes federal drug sentencing policies by lowering certain mandatory drug sentences and gives federal judges the authority to conduct individualized reviews to determine the appropriate sentences for certain nonviolent drug offenses.

Due Process Institute ENDORSES this bipartisan bill. 

This bill allows courts to apply sentencing reform provisions to reduce sentences imposed prior to the enactment of the First Step Act, including the provisions modifying the definitions of predicate prior offenses and eliminating 924c stacking. It also expands the safety valve to apply if criminal history exclusions cause over-representation of prior convictions, allow for sentence reductions for juvenile offenders who have served 20 years, provide for sealing and expungement of juvenile records, and require the Attorney General to establish procedures to ensure accurate criminal records.

Due Process Institute ENDORSES this bipartisan bill.

Update: The bill was reported favorably and passed the Senate Judiciary Committee.

This bipartisan legislation would expand access to the federal home detention program for elderly individuals, clarify that all individuals in federal prison can apply for compassionate release, and streamline the home detention and compassionate release process during the COVID-19 crisis.

Due Process Institute ENDORSES this bill.

Update: The bill was reported favorably and passed the Senate Judiciary Committee. 

Federal law currently limits expungement to individuals convicted of certain low-level drug crimes before they turn 21 years old. The Begin Again Act will slightly expand this provision of federal law to allow any individual convicted of simple possession to receive an expungement.

Due Process Institute ENDORSES this bill.

Update: The bill was reported favorably and passed the Senate Judiciary Committee. 

This bill would empower the DOJ Inspector General to investigate misconduct allegations made against DOJ attorneys, rather than the current system that gives that responsibility to the Office of Professional Responsibility.

Due Process Institute ENDORSES this bipartisan bill. 

This bipartisan legislation would remove the presumption of pretrial incarceration that currently applies to those charged with nonviolent drug offenses and allow them to receive the same individualized determination judges currently complete for individuals charged with most federal crimes.

Due Process Institute ENDORSES this bill. 

This bill would end the federal practice of sentencing on the basis of conduct for which a jury has acquitted.

Due Process Institute ENDORSES this bipartisan bill.  

Update: The bill passed the House by a 405-12 vote and now moves to the Senate for consideration. 

This bill protects due process and the right to a jury trial by ensuring that during sentencing, a judge is not permitted to consider conduct for which the defendant was found not guilty. This guarantees that a defendant's sentence is based only on the conduct for which he or she was found guilty beyond a reasonable doubt.

Due Process Institute ENDORSES this bipartisan bill.

SAPRA restores reasonable safeguards for the privacy of American citizens by significantly reforming the Foreign Intelligence Surveillance Act and Section 215 of the PATRIOT Act in ways that will not undermine our national security. It ends the Section 215 Call Detail Records program, imposes uniform warrant requirements similar to those in our criminal justice system, and prevents federal agencies from fabricating parallel investigations to protect evidence collected in a manner that conflicts with federal law or Constitutional protections. 

Due Process Institute ENDORSES this bipartisan bill.

Update: On March 11th, 2020 the House passed a compromise package of reforms. The Senate passed this legislation with an additional amendment and the House has now sought a conference for both chambers to agree on a final package of reforms.

The Fifth Amendment Integrity Restoration (FAIR) Act of 2019 improves protections for Americans when facing civil asset forfeiture. It increases the burden of proof from a preponderance of evidence to clear-and-convincing evidence; ends the practice of equitable sharing; and directs forfeiture funds into a general fund to disincentivize wrongful takings, among other protections. 

Due Process Institute ENDORSES this bipartisan bill.

This bill corrects a drafting error that limits the eligibility of the Elderly Home Detention Pilot Program in the First Step Act.  Rather than requiring that 2/3 of the original sentence be served, it requires that the inmate serve  2/3 of the sentence "reduced by any credit toward the service of the prisoner’s sentence awarded under" the Good Time Credits.

Due Process Institute ENDORSES this bipartisan bill. 

Update: The bill passed the House by unanimous voice vote and has moved to the Senate.

This bill requires the Bureau of Prisons to create a system to allow those in federal custody the right to confidentially communicate over e-mail with their attorneys without government monitoring. 

Due Process Institute ENDORSES this bipartisan bill. 

 Update: The bill passed the House by unanimous voice vote and is being considered by the Senate Judiciary Committee.

The Restoring Education and Learning (REAL) Act, restores Pell Grant eligibility for incarcerated individuals so they can receive post-secondary education in prison.  

Due Process Institute ENDORSES this bipartisan bill. 

This bill expands access to entrepreneurship training and business mentorship to individuals who are returning to their community from federal prison.

Due Process Institute ENDORSES this bipartisan bill. 

Update: On January 8th, 2020 the House passed this legislation and it is awaiting a vote by the Senate's Committee on Small Business and Entrepreneurship.  

This bill helps victims of human trafficking avoid the negative consequences of a criminal record connected with their victimization. It allows judges to vacate convictions and expunge federal arrest records when a criminal conviction is connected to their victimization. 

Due Process Institute ENDORSES this bipartisan bill.

This bill establishes 10 pilot reentry programs at historically black colleges and universities with funding to match the resources already committed by these institutions.

The Due Process Institute ENDORSES this bipartisan bill. 

Current law prevents individuals with a criminal record from working in the banking industry. This legislation would reduce the barriers faced by qualified individuals solely on account of their criminal record by reducing the necessary waiting periods imposed by federal law.

The Due Process Institute ENDORSES this bipartisan bill. 

Update: The FDIC independently adopted its own changes to the entity's regulations that reduce the barriers for individuals with a criminal record but these changes were not as comprehensive as the ones included in this legislation.

The Marijuana Opportunity Reinvestment and Expungement (MORE) Act (H.R. 3884)  de-schedules marijuana, removing it from the Controlled Substances Act, and provides a process for courts to expunge marijuana convictions and re-sentence people with marijuana convictions. 

Due Process Institute ENDORSES this bipartisan bill.

Update: The bill has passed the House Judiciary Committee.

This bill would empower the DOJ Inspector General to investigate misconduct allegations made against DOJ attorneys, rather than the current system that gives that responsibility to the Office of Professional Responsibility.

Due Process Institute ENDORSES this bipartisan bill. 

Update: The House bill has passed the full House of Representatives. The Senate bill has passed the Senate Committee on the Judiciary.

This bill limited the IRS' ability to seek forfeiture in cases where the only suspected crime is "structuring" rather than another crime for which structuring is used to conceal wrongdoing.

 
Due Process Institute ENDORSED this bill. 

Outcome: The RESPECT Act was incorporated into the Taxpayer First Act and signed into federal law on July 10, 2019.

Section 314 of the Patriot Act and its implementing regulations already give significant cause for concern and fail to adequately protect Americans’ Fourth Amendment and privacy rights. Attempts to expand this program through statutory or regulatory means are even more concerning. It is our hope that FinCEN will reevaluate the necessity and efficacy of the Section 314 program and ultimately abandon the practice of warrantless searches and seizures of financial records, or at the very least, adopt clear legal standards and procedural measures consistent with our foundational Constitutional rights. 

Due Process Institute has thus far successfully OPPOSED past attempts at legislative expansions of Section 314 of the Patriot Act.

This legislation expanded the rights of defendants in a criminal trial in Virginia to request evidence being used by the prosecution as proof of their guilt and to file motions compelling such discovery with state courts.

Due Process Institute ENDORSED this bill.

Outcome: the legislation became law in Spring 2020.