Scott Fitzgerald

Law-Enforcement Innovate to De-Escalate Act

This bill removes less-than-lethal projectile devices (e.g., certain TASERs) from regulation under the Gun Control Act.

The term less-than-lethal projectile device means a device that (1) is not designed or intended to expel (and may not be readily converted to discharge) commonly used ammunition or projectiles exceeding a velocity of 500 feet per second; (2) is designed and intended to be used in a manner not likely to cause death or serious bodily injury; and (3) does not accept (and cannot be readily modified to accept) an ammunition feeding device.

The bill also requires the Bureau of Alcohol, Tobacco, Firearms and Explosives to determine whether a device satisfies the definition of a less-than-lethal projectile device within 90 days of a request.

Making the CFPB Accountable to Small Businesses Act of 2025

This bill requires the Consumer Financial Protection Bureau (CFPB) to consider the impact of proposed rules on small entities.

In addition, the CFPB, the Environmental Protection Agency, and the Occupational Safety and Health Administration must justify decisions to not adopt certain alternatives to regulations that are applicable to small entities.

Separation of Powers Restoration Act of 2025 or the SOPRA

This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, and (2) rules made by agencies.

No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.

Stopping Overdoses of Fentanyl Analogues Act

This bill permanently adds fentanyl-related substances to schedule I of the Controlled Substances Act. (A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.)

Fentanyl-related substances are currently regulated under schedule I through a temporary order issued by the Drug Enforcement Administration. The temporary order expires March 31, 2025.

Interstate Commerce Simplification Act of 2025

This bill expands the definition of solicitation of orders to include business activities that serve an independently valuable business function apart from the solicitation of orders for purposes of the limitation on a state’s authority to impose a net income tax on an out-of-state seller.

Under current law, a state is prohibited from imposing a net income tax on income derived from within the state from interstate commerce if the only business activity within the state is the solicitation of orders for the sale of tangible personal property, provided that the orders are approved (or rejected) and filled by shipment or delivery from outside of the state. Further, the Supreme Court has held that the term solicitation of orders includes (1) activities that are strictly essential to making requests for purchases, and (2) ancillary activities that serve no independent business function apart from their connection to requests for purchases.

Under the bill, the definition of solicitation of orders is expanded to include business activities that facilitate the solicitation of orders even if such business activities serve an independently valuable business function apart from the solicitation.