Congresswoman Ayanna Pressley and Senator Dick Durbin reintroduced the Federal Death Penalty Prohibition Act of 2026, which would prohibit the imposition of the death penalty as punishment for any violation of federal law and require the re-sentencing of those previously sentenced to death row.
End the federal death penalty by prohibiting its use for federal offenses and requiring resentencing of people currently on death row.
Occurrences
Ayanna has advocated for an end to the federal death penalty and secured a commitment from President Biden that no one will be executed by the federal government as long as he is President.
Pressley led the reintroduction of the Federal Death Penalty Prohibition Act, which would prohibit the use of the death penalty at the federal level and require resentencing of people already on death row.
Evidence
Congresswoman Ayanna Pressley and Senator Dick Durbin reintroduced the Federal Death Penalty Prohibition Act of 2026, described as bicameral legislation to prohibit the use of the death penalty at the federal level and require re-sentencing of those currently on death row.
The Senate office said Pressley led the reintroduction of the Federal Death Penalty Prohibition Act, which would prohibit the use of the death penalty at the federal level and require resentencing of people already on death row.
Pressley's office announced that she introduced H.R. 4052 to bar federal death sentences and require resentencing for people already on federal death row.
Congress.gov lists H.R.4052 as sponsored by Rep. Ayanna Pressley, introduced July 25, 2019, with final action a referral to the Crime, Terrorism, and Homeland Security Subcommittee. Its summary says the bill would bar federal death sentences and require resentencing of people sentenced before enactment.
Congress.gov lists H.R.262 as sponsored by Rep. Pressley, introduced January 11, 2021, with status only Introduced and latest House action a subcommittee referral on March 4, 2021. CRS describes it as prohibiting federal death sentences and requiring resentencing for those sentenced before enactment.
Congress.gov lists Durbin's companion S.582 as introduced March 3, 2021, referred to Senate Judiciary, and still only Introduced. The CRS summary matches Pressley's bill: no federal death penalty sentence and resentencing for prior death sentences.
Pressley's office said she and Senator Durbin reintroduced the Federal Death Penalty Prohibition Act of 2026 to prohibit federal death penalty use and require resentencing for people then on death row.
Durbin's Senate office also reported that Durbin and Pressley led the 2026 reintroduction and described the bill as ending federal death penalty use and requiring resentencing of those previously sentenced to death row.
The archived White House fact sheet says President Biden commuted 37 federal death-row sentences to life without parole, while limiting the action to all but terrorism and hate-motivated mass murder cases.
The Federal Register publication of Executive Order 14164 states that federal laws still authorize capital punishment, directs the Attorney General to pursue death sentences in appropriate federal cases, and notes Biden had commuted 37 of 40 federal death-row sentences.
DOJ announced it had rescinded the Biden-Garland federal execution moratorium, authorized seeking death sentences against 44 defendants, and directed BOP to restore and expand execution protocols.
The U.S. Code text for 18 U.S.C. 3591 still provides for death sentences for specified federal offenses when statutory findings justify that punishment.
Assessments
Pressley repeatedly introduced and reintroduced legislation matching the promise, including bills to prohibit federal death sentences and require resentencing of people on federal death row. However, those bills remained introduced or referred and were not enacted. The federal death penalty remains authorized in statute, later executive policy restored pursuit of federal death sentences, and Biden's commutations covered many but not all federal death-row prisoners and did not prohibit future federal death penalty use. This is a serious legislative effort, but the promised outcome was not delivered.
Pressley made a serious same-term legislative effort by leading/reintroducing bicameral federal legislation that directly matches the promise: prohibiting federal death penalty use and requiring resentencing for people currently on federal death row. However, the evidence shows only bill reintroduction as of May 20, 2026, not enactment, implementation, or actual resentencing. Because the promised federal policy outcome has not been delivered, this should be scored as not fulfilled, with effort credit.