I 

116TH CONGRESS 

2D SESSION H. R. 8852 

To amend title 18, United States Code, to provide that offenses committed 

on the basis of political affiliation constitute hate crimes, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2020 

Ms. GABBARD (for herself and Mr. GAETZ) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 18, United States Code, to provide that 

offenses committed on the basis of political affiliation 

constitute hate crimes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Political 

5 Expression Act of 2020’’. 

6 SEC. 2. POLITICAL AFFILIATION HATE CRIMES. 

7 (a) CIVIL RIGHTS CRIMES.—Section 245 of title 18, 

8 United States Code, is amended by striking ‘‘or national 


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1 origin’’ each place it appears and inserting ‘‘, national ori2 gin, or political affiliation (as such term is defined in the 

3 Protecting Political Expression Act of 2020)’’. 

4 (b) DAMAGE TO RELIGIOUS PROPERTY.—Section 

5 247(c) of title 18, United States Code, is amended by 

6 striking ‘‘or ethnic characteristics’’ and inserting ‘‘ethnic 

7 characteristics, or political affiliation (as such term is de8 fined in the Protecting Political Expression Act of 2020)’’. 

9 (c) HATE CRIME ACTS.—Section 249 of title 18, 

10 United States Code, is amended by inserting ‘‘political af11 filiation,’’ after ‘‘actual or perceived’’ each place it ap12 pears. 

13 (d) INTIMIDATION IN FAIR HOUSING.—Section 901 

14 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is 

15 amended by striking ‘‘or national origin’’ each place it ap16 pears and inserting ‘‘national origin, or political affiliation 

17 (as such term is defined in the Protecting Political Ex18 pression Act of 2020)’’. 

19 (e) SENTENCING ENHANCEMENTS FOR HATE

20 CRIMES.—Section 280003(a) of the Violent Crime Control 

21 and Law Enforcement Act of 1994 (28 U.S.C. 994 note) 

22 is amended by striking ‘‘or sexual orientation’’ and insert23 ing ‘‘, sexual orientation, or political affiliation (as such 

24 term is defined in the Protecting Political Expression Act 

25 of 2020)’’. 


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1 SEC. 3. DATA COLLECTION; REPORT. 

2 (a) DATA COLLECTION.—The Attorney General shall 

3 collect data on instances of alleged offenses under section 

4 245 of title 18, United States Code, committed on the 

5 basis of political affiliation, including details about the al6 leged offense and its outcome, including demographic in7 formation of victim and the accused. 

8 (b) REPORT.—The Attorney General shall submit to 

9 Congress, on an annual basis, for the 5 years after the 

10 date of enactment of this Act, a report on the data col11 lected under subsection (a), including an assessment of 

12 why such offenses are occurring, and recommendations on 

13 how to prevent such offenses. Reports under this sub14 section may not contain any information that may reveal 

15 the identity of an individual crime victim. 

16 SEC. 4. NONDISCRIMINATION IN FEDERALLY ASSISTED 

17 PROGRAMS. 

18 Section 601 of the Civil Rights Act of 1964 (42 

19 U.S.C. 2000d) is amended by striking ‘‘or national origin’’ 

20 and inserting ‘‘national origin, or political affiliation (as 

21 such term is defined in the Protecting Political Expression 

22 Act of 2020)’’. 

23 SEC. 5. NONDISCRIMINATION IN EMPLOYMENT. 

24 Title VII of the Civil Rights Act of 1964 (42 U.S.C. 

25 2000e et seq.) is amended— 


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1 (1) in section 703, by striking ‘‘or national ori2 gin’’ each place it appears and inserting ‘‘national 

3 origin, or political affiliation (as such term is defined 

4 in the Protecting Political Expression Act of 2020)’’; 

5 and 

6 (2) in section 704, by striking ‘‘or national ori7 gin’’ and inserting ‘‘national origin, or political affili8 ation (as such term is defined in the Protecting Po9 litical Expression Act of 2020)’’. 

10 SEC. 6. DEFINITION OF POLITICAL AFFILIATION. 

11 In this Act, the term ‘‘political affiliation’’ means any 

12 of the following: 

13 (1) Joining, belonging to, or withdrawing from 

14 any political party, political action committee, or 

15 super-PAC. 

16 (2) Expressing support for, opposition to, or in17 difference toward a matter of controverted political 

18 interest. 

19 (3) Contributing, whether financially or in-kind, 

20 to any ballot question, referendum, legislation, polit21 ical candidate, political party, political action com22 mittee, or super-PAC. 

23 (4) Endorsing or expressing support for, oppo24 sition to, or indifference toward any ballot question, 


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1 referendum, legislation, political candidate, political 

2 party, political action committee, or super-PAC. 

3 Such term shall not be construed to prevent a mission4 oriented organization or entity from taking otherwise law5 ful steps to preserve the integrity of its mission. 

Æ 


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