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HR 8922

DROP Act of 2026

119th Congress Introduced by Tim Burchett

The bill allows federal death sentences to be carried out using lethal injection or hanging, with new written protocols and regulatory updates to govern these methods.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 8922

Overview

  • Bill: H.R. 8922 (DROP Act of 2026)
  • Session: 119th Congress, 2nd Session
  • Purpose: To amend Section 3596 of title 18, United States Code, governing the implementation of a federal death sentence, establishing new execution methods, and creating required protocols and regulatory updates.

Main purpose and intent

  • The bill seeks to restructure how a sentence of death is carried out in federal cases. It expands permissible methods of execution beyond those previously specified by relying on State law, and it sets forth a process for establishing written execution protocols and updating regulations to reflect these changes.

Key provisions and changes

  • Section 3596 amendments:

    • Subsection (a) changes reference language from “prescribed by the law of the State” to allow execution methods to be prescribed by federal law or by the law of the State.
    • Adds new subsections for execution methods, written protocols, regulations, and definitions.

  • New execution methods (subsection (d)):

    • A sentence of death may be carried out using either lethal injection or hanging.

  • Written protocols (subsection (e)):

    • Within 180 days of enactment, the U.S. Marshals Service, in consultation with the Attorney General and qualified medical and correctional officials, must establish written protocols detailing a permissible execution method under subsection (d).

  • Regulatory updates (subsection (f)):

    • Within 180 days of enactment, the Attorney General must undertake steps to revise 28 C.F.R. § 26.3 to align with the new section.

  • Definitions (subsection (g)):

    • Qualified Correctional Official: Federal or State correctional employee/officer with relevant custodial or execution procedure experience.
    • Qualified Medical Official: A licensed medical professional with relevant expertise on physiological effects of execution methods.

Who/what would be affected

  • Federal death penalty administration and its procedures.
  • The U.S. Marshals Service, which would be responsible for developing execution protocols.
  • The Attorney General, for regulatory updates and oversight.
  • State and federal correctional officials involved in custodial or execution duties.
  • Medical professionals who may participate as qualified medical officials in execution processes.

Procedural and timeline aspects

  • Effective date implications: The bill requires action within 180 days after enactment for:
    • Establishing written execution protocols (by the U.S. Marshals Service, AG, and qualified professionals).
    • Revising 28 C.F.R. § 26.3 to reflect the new framework.
  • Implementation hinges on interagency collaboration among the U.S. Marshals Service, the Department of Justice, and qualified experts.
  • The change in Subsection (a) introduces a parallel capability to apply either Federal law or State law to determine execution methods, potentially expanding beyond purely state-determined practices.

Notes

  • The bill is introduced by Rep. Tim Burchett and referred to the House Judiciary Committee.
  • It is labeled as a Detention Reform and Offender Penalties Act (DROP Act) of 2026.

Compiled from official sources — confirm details with the bill’s official record.

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