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Legislation

Endorsed Federal Legislation, 119th Congress

FAIR Act (S. 263)

This bill revises federal laws governing civil asset forfeiture. Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill requires counsel for an indigent property owner facing forfeiture, raises the evidentiary standard to clear and convincing evidence, and removes excessive forfeitures of property.

Korematsu-Takai Civil Liberties Protection Act (S. 634 / H.R. 1439)

This bill prohibits detention or imprisonment based solely on an actual or perceived protected characteristic of an individual.

“Fred Korematsu Day of Civil Liberties and the Constitution” (S.Res.47)

This bill helps to ensure that Fred Korematsu’s legacy is remembered and honored, and that the lessons of the incarceration are not forgotten.

Fred Korematsu Congressional Gold Medal Act (H.R. 821 / S. 338)

This bill honors Fred Korematsu for his decades-long fight for justice, and will serve as a powerful reminder of the importance of protecting civil liberties for all Americans.

Due Process Continuity of Care Act (H.R. 1510)

This bill allows an otherwise eligible individual who is in custody pending disposition of charges (i.e., pretrial detainees) to receive Medicaid benefits at the option of the state. The bill also provides for state planning grants to support the provision of such benefits. 

Count the Crimes to Cut Act (H.R. 2159)

This bill directs the Attorney General of the United States to submit to the Congress a report on Federal criminal offenses, and for other purposes. 

Quality Defense Act (S.1102)

This bill incentivize states and localities to improve access to justice, such as providing adequate funding for public defense and the right to counsel. 

Fresh Start Act (H.R. 3111)

 

This bill amends the Brady Handgun Violence Prevention Act to establish grants for states for purposes of modernizing criminal justice data infrastructure to facilitate automated record sealing.

Clean Slate Act (S. 1580 / H.R. 3114)

This bill establishes a framework for sealing records related to certain federal criminal offenses. Courts must automatically seal records related to (1) a conviction for simple possession of a controlled substance or for any nonviolent offense involving marijuana, or (2) an arrest for an offense that does not result in a conviction. Additionally, an individual who meets certain criteria may petition to seal records related to a conviction for other nonviolent offenses.

Safer Supervision Act (S. 3077 / H.R. 5883) 

This bill reforms supervised release by rewarding compliance, escalating intervention proportionally, and reducing churn due to technical violations that produces no measurable public-safety gain

Prohibiting the Punishment of Acquitted Conduct Act (S. 3484)

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.

Government Surveillance Reform Act (H.R. 7901 / S. 4082)

This bill reforms Section 702 of FISA to protect Americans from warrantless backdoor searches, ensures that foreigners aren’t targeted as a pretext for spying on the Americans with whom they are communicating, and prohibits the collection of domestic communications.

Smarter Pretrial Detention for Drug Charges Act (S. 3960)

This bipartisan bill 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.

Sentencing Commission Improvements Act (S. 4136)

This bill adds one nonvoting member to the U.S. Sentencing Commission and requires the new member to be a public defender. This change would ensure the perspective of indigent defense counsel is represented when enacting reforms.

Smarter Sentencing Act (S. 3959)

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.

Email Privacy Act (H.R. 9016)

This bill would update federal law to require law enforcement agencies to obtain a warrant before accessing the content of Americans’ emails and other electronic communications, regardless of how long the information has been stored. The legislation aims to strengthen Fourth Amendment protections in the digital age by ensuring that private electronic communications receive the same privacy safeguards as physical papers and correspondence.

Second Chance Reauthorization Act of 2025 (H.R. 3552 / S. 1843)

This bill would extend and strengthen federal grant programs that support successful reentry for people returning to their communities after incarceration, including services related to housing, employment, substance use treatment, and mental health care. The bipartisan legislation aims to reduce recidivism, improve public safety, and expand resources available to state, local, Tribal, and community organizations working to help individuals rebuild their lives after involvement with the justice system.

Surveillance Accountability Act (H.R. 8470)

This bill would require law enforcement and government agencies to obtain a warrant based on probable cause before conducting searches that significantly intrude on a person’s privacy, including access to digital data held by third parties.

Mens Rea Reform Act (H.R.59)

This legislation would establish a default criminal intent standard for federal offenses that do not clearly specify the mental state required for conviction. By ensuring that individuals are not prosecuted for conduct they did not knowingly, intentionally, or recklessly commit, the bill seeks to strengthen due process protections and reduce the risk of unjust convictions under vague or overly broad federal criminal laws.

First Step Implementation Act (S. 3482)

This bill would build on the bipartisan First Step Act by making additional sentencing reforms retroactive, expanding opportunities for sentence reductions, and improving pathways to rehabilitation and reentry. The legislation seeks to promote fairness in the federal justice system by allowing more individuals serving outdated or excessive sentences to benefit from reforms enacted after their convictions.

Opposed Federal Legislation, 119th Congress

HALT Fentanyl Act (S. 331)

This bill permanently schedules fentanyl related substances (FRS) on schedule I of the Controlled Substances Act (CSA) based on a flawed class definition, imposes mandatory minimums, and fails to provide an offramp for removing inert or harmless substances from the drug schedule.

District of Columbia Juvenile Sentencing Reform Act (H.R. 5140)

The bill would lower the age for juveniles to be tried as an adult in the District of Columbia to 14 years of age.

Reauthorization of FISA Section 702

The reauthorization of FISA Section 702 without significant reforms allows the continuation of mass warrantless surveillance of Americans, which violate Fourth Amendment rights.

Combating Illicit Xylazine Act (H.R. 1266 / S. 545)

This bill criminalizes the illicit use of xylazine. Specifically, the bill establishes criminal penalties for manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, xylazine for illicit use in accordance with the penalties for schedule III substances. In addition, the DEA must coordinate with the Food and Drug Administration to report on the prevalence of the illicit use of xylazine, including associated supply chains. The bill also declares the illicit use of xylazine as an emerging drug threat.

Nitazene Control Act (H.R. 5415 / S. 3076)

This bill permanently schedules the entire class of 2-benzylbenzimidazole opioids, known as nitazenes, as Schedule I substances.

Keep Violent Criminals Off Our Streets Act (H.R. 6260)

This bill would expand pretrial detention by creating a presumption that individuals charged with certain offenses should be held in custody while awaiting trial. The bill would undermine the presumption of innocence, weaken due process protections, and increase unnecessary pretrial incarceration without adequately accounting for individualized assessments of risk or flight.

STOP Nitazenes Act (H.R. 7970)

This bill would permanently place a broad class of nitazene-related substances into Schedule I of the Controlled Substances Act and expand federal criminal penalties associated with those substances.