I 
119TH CONGRESS 
2D SESSION 
H. R. 7060 
To stop the Government from attacking individuals and organizations for 
their political speech or participation. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 14, 2026 
Mr. CROW (for himself, Ms. HOULAHAN, Mr. FROST, Ms. OCASIO-CORTEZ, 
Mr. CASAR, Mr. POCAN, Mr. GOLDMAN of New York, Ms. SIMON, Ms. 
CRAIG, Ms. NORTON, and Mr. THANEDAR) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committees on Oversight and Government Reform, and Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To stop the Government from attacking individuals and 
organizations for their political speech or participation. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Political Enemies 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Congress has not delegated to the President 
the ability to designate an entity as a domestic ter-
rorist organization. 
(2) The President does not have inherent au-
thority under article II of the Constitution of the 
United States to designate an entity as a domestic 
terrorist organization. 
(3) The First Amendment to the Constitution 
of the United States explicitly guarantees the free-
dom of speech, freedom of the press, the right to 
peaceably assemble, and the right to petition the 
government for a redress of grievances. 
(4) No Federal employee, including the Presi-
dent and the Vice President, may violate the con-
stitutional rights of any person or group of people. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COVERED
ENFORCEMENT
CLAIM.—The 
term ‘‘covered enforcement claim’’ means a claim 
brought by the Federal Government alleging a viola-
tion of Federal civil or criminal law (including regu-
lations). 
(2) COVERED FEDERAL OFFICIAL.—The term 
‘‘covered Federal official’’ means an officer or em-
ployee of the executive branch of the Federal Gov-
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ernment, including the President, the Vice Presi-
dent, and an officer or employee of an independent 
agency of the executive branch of the Federal Gov-
ernment. 
(3) 
COVERED
GOVERNMENT
ACTION.—The 
term ‘‘covered Government action’’— 
(A) means an exercise of an investigative, 
regulatory, or enforcement authority under any 
Federal civil or criminal law (including regula-
tions) against a specific covered person, without 
regard to whether the exercise of authority is 
self-executing or requires additional compulsory 
or judicial process; 
(B) includes an investigative, regulatory, 
or enforcement action that is taken without 
legal authority; and 
(C) does not include an action taken 
against a Federal officer or employee with re-
spect to their employment with the Federal 
Government. 
(4) COVERED
PERSON.—The term ‘‘covered 
person’’ means— 
(A) a domestic entity; or 
(B) an individual who is— 
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(i) a citizen or national of the United 
States; 
(ii) an alien lawfully admitted for per-
manent residence to the United States; or 
(iii) present in the United States or 
its territories. 
(5) DOMESTIC
ENTITY.—The term ‘‘domestic 
entity’’ means an entity organized under the laws of 
the United States or any State or territory thereof 
(including any branch of such an entity located out-
side the United States). 
(6) PROTECTED SPEECH OR PARTICIPATION.— 
The term ‘‘protected speech or participation’’ means 
all constitutionally protected speech, including criti-
cism, dissent, or other protected speech, expression, 
or association. 
(7) SUBSTANTIALLY
MOTIVATED
BY
PRO-
TECTED SPEECH OR PARTICIPATION.— 
(A) IN
GENERAL.—The term ‘‘substan-
tially motivated by protected speech or partici-
pation’’ means that the applicable protected 
speech or participation is a motivating factor, 
but shall not require that the protected speech 
or participation be the sole or primary reason 
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for the covered Government action or covered 
enforcement claim. 
(B) 
LAWS
REGULATING
POLITICAL 
SPEECH.—A covered Government action or cov-
ered enforcement claim is not substantially mo-
tivated by protected speech or participation 
solely because the action or claim is brought 
pursuant to a statute, regulation, or other au-
thority that directly regulates political speech or 
participation, including— 
(i) section 2003 or 2004 of the Re-
vised Statutes (52 U.S.C. 10102, 10101); 
(ii) the Voting Rights Act of 1965 (52 
U.S.C. 10301 et seq.); 
(iii) the Voting Accessibility for the 
Elderly and Handicapped Act (52 U.S.C. 
20101 et seq.); 
(iv) the Uniformed and Overseas Citi-
zens Absentee Voting Act (52 U.S.C. 
20301 et seq.); 
(v) the National Voter Registration 
Act of 1993 (52 U.S.C. 20501 et seq.); 
(vi) title III of the Civil Rights Act of 
1960 (52 U.S.C. 20701 et seq.); 
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(vii) the Help America Vote Act of 
2002 (52 U.S.C. 20901 et seq.); and 
(viii) titles III and IV of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 
30101 et seq.). 
SEC. 4. GENERAL PROHIBITION ON POLITICAL TARGETING. 
No covered Federal official may initiate or direct a 
covered enforcement claim or a covered Government action 
against a covered person that is substantially motivated 
by protected speech or participation or otherwise to sup-
press, burden, or punish protected speech or participation. 
SEC. 5. AFFIRMATIVE DEFENSE FOR POLITICAL TAR-
GETING. 
(a) IN GENERAL.—It shall be an affirmative defense 
to any covered enforcement claim that the claim brought 
against the applicable covered person was substantially 
motivated by the protected speech or participation of the 
covered person. 
(b) PROCEDURES.—If, at any time after the Govern-
ment initiates a covered enforcement claim, a covered per-
son presents substantial evidence that protected speech or 
participation is or was a motivating factor in the covered 
enforcement claim, including the underlying investigation 
or other pre-enforcement activities— 
(1) the court— 
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(A) shall order expedited discovery reason-
ably related to the alleged motivations of the 
Government for pursuing the covered enforce-
ment claim; and 
(B) may, if the Attorney General files an 
affidavit under oath that any materials respon-
sive to a discovery request under subparagraph 
(A) are privileged, review in camera and ex 
parte such materials; and 
(2) the Government shall bear the burden of 
proving by clear and convincing evidence that— 
(A) legitimate grounds unrelated to pro-
tected speech or participation by the covered 
person justify the covered enforcement claim; 
and 
(B) the covered enforcement claim was not 
substantially motivated by the protected speech 
or participation of the covered person. 
(c) RELIEF.—If the Government does not meet the 
burden of proof under subsection (b)(2), the court shall 
dismiss the covered enforcement claim or otherwise award 
appropriate relief to ensure that no covered enforcement 
claim substantially motivated by protected speech or par-
ticipation is able to proceed. 
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SEC. 6. CIVIL ACTION TO SEEK AN INJUNCTION AGAINST 
POLITICAL TARGETING. 
(a) IN GENERAL.—A covered person may bring a civil 
action in an appropriate district court of the United States 
or the United States District Court for the District of Co-
lumbia seeking injunctive or other equitable relief against 
a covered Federal official who, and any Federal agency 
in the executive branch that, has taken, is taking, or immi-
nently will take a covered Government action substantially 
motivated by the protected speech or participation of the 
covered person. 
(b) BASIS FOR RELIEF.— 
(1) IN
GENERAL.—A civil action under sub-
section (a) lies whenever a covered Government ac-
tion causes or is likely to cause imminent or actual 
ongoing harm to a covered person. 
(2) ESTABLISHING A BASIS FOR RELIEF.—For 
purposes of establishing a basis for relief— 
(A) a violation of the rights of a covered 
person under the First Amendment to the Con-
stitution of the United States shall be sufficient 
to establish harm warranting injunctive or other 
equitable relief; and 
(B) if a covered person demonstrates a 
likelihood of success in showing that the cov-
ered person is the subject of a covered Govern-
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ment action substantially motivated by pro-
tected speech or participation, that shall be suf-
ficient to establish irreparable harm for pur-
poses of emergency, temporary, or preliminary 
injunctive relief. 
(c) JURISDICTION OF COURTS.—The Federal courts 
shall have jurisdiction of a civil action under subsection 
(a) without regard to section 1346(a), 2342, or 2349 of 
title 28, United States Code, section 701(a) of title 5, 
United States Code, or section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252). 
(d) AUTHORITY TO ORDER INJUNCTIVE RELIEF RE-
LATING
TO TAX ASSESSMENTS
OR COLLECTIONS.—A 
Federal court may issue an injunction in a civil action 
under subsection (a) to restrain the assessment or collec-
tion of a tax, without regard to section 7421 of the Inter-
nal Revenue Code of 1986, if the covered person seeking 
the injunction demonstrates that the action of the Govern-
ment seeking to deny, investigate, or revoke the tax-ex-
empt status of the covered person is substantially moti-
vated by protected speech or participation. 
SEC. 7. CIVIL ACTION FOR DAMAGES FOR POLITICAL TAR-
GETING. 
(a) IN GENERAL.—A covered person may bring a civil 
action in an appropriate district court of the United States 
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or the United States District Court for the District of Co-
lumbia against a covered Federal official seeking damages 
if— 
(1) the covered Federal official knowingly initi-
ated or directed a covered Government action 
against the covered person that was substantially 
motivated by the protected speech or participation of 
the covered person; and 
(2) the rights of the covered person under the 
Constitution of the United States were violated in 
connection with the covered Government action. 
(b) ABROGATION OF IMMUNITY.—To the maximum 
extent permitted by the Constitution of the United States, 
a covered Federal official against whom a civil action is 
brought under subsection (a) shall not have immunity ex-
cept as set forth in subsection (c). 
(c) STATUTORY IMMUNITY.—A covered Federal offi-
cial shall be immune in a civil action under subsection (a) 
if— 
(1) the covered Federal official acted in good 
faith; and 
(2) any speech, expression, or association moti-
vating the covered Government action clearly was 
not protected under the Constitution of the United 
States. 
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(d) LIMITATION ON INDEMNIFICATION.—The United 
States may not indemnify a covered Federal official in 
connection with a civil action under subsection (a), un-
less— 
(1) the court determines that the requirements 
of immunity under subsection (c) are satisfied; or 
(2) indemnification is necessary for complete re-
lief because— 
(A) the person bringing the civil action re-
quests that the United States be required to 
pay any judgment or attorneys fees awarded in 
order to allow for full recovery; and 
(B) the covered Federal official dem-
onstrates an inability to pay the full amount 
awarded. 
(e) CONSTRUCTION.—Nothing in this section shall be 
construed to invalidate, limit, or otherwise adversely affect 
any other judicially or statutorily created claims, remedies, 
rights, or procedures. 
SEC. 8. ATTORNEYS FEES AND COSTS FOR MERITLESS PO-
LITICAL TARGETING. 
(a) DEFINITION.—In this section, the term ‘‘substan-
tially prevailed’’, with respect to a party, means that the 
party has obtained relief through— 
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(1) a judicial order or an enforceable written 
agreement or consent decree; 
(2) a voluntary or unilateral change in position 
by the Federal Government, if the claim of the party 
opponent is not insubstantial; or 
(3) preliminary or permanent injunctive relief 
from the covered Government action that is not ulti-
mately overturned. 
(b) AWARD.—In connection with any proceeding in 
a Federal court relating to a covered Government action 
or covered enforcement claim, including a proceeding 
under section 5, 6, or 7, the court may order the United 
States to pay reasonable attorneys’ fees and costs to a 
party opponent if— 
(1) with respect to a covered Government action 
or covered enforcement claim under criminal law— 
(A) the prosecution was dismissed, the de-
fendant was found not guilty, or pre-enforce-
ment activities were enjoined by a court; and 
(B) the party demonstrates that the cov-
ered Government action or covered enforcement 
claim was substantially motivated by protected 
speech or participation by the party; or 
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(2) with respect to a covered Government action 
or covered enforcement claim under civil law, the 
party— 
(A) has substantially prevailed; and 
(B) demonstrates that the covered Govern-
ment action or covered enforcement claim was 
substantially motivated by protected speech or 
participation by the party. 
(c) EXEMPTION FROM LIMITS ON ATTORNEY FEES 
AND COSTS.—Notwithstanding section 2678 or 2412 of 
title 28, United States Code, section 3006A of title 18, 
United States Code, section 617 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1998 (18 U.S.C. 3006A 
note), or any other provision of law (including related reg-
ulations), there shall not be a limit on the award of attor-
ney’s fees and costs under subsection (b). 
SEC. 9. PROHIBITION ON USE OF FUNDS FOR POLITICAL 
TARGETING. 
Section 1341(a) of title 31, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
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(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(E) obligate or expend Federal funds for any 
covered Government action or covered enforcement 
claim against a covered person that is substantially 
motivated by protected speech or participation by 
the covered person (as such terms are defined in sec-
tion 3 of the No Political Enemies Act).’’; and 
(2) by adding at the end the following: 
‘‘(3)(A) Any person aggrieved of a violation of para-
graph (1)(E) may bring a civil action in an appropriate 
district court of the United States or the United States 
District Court for the District of Columbia seeking injunc-
tive or other equitable relief. 
‘‘(B) The Federal courts shall have jurisdiction of a 
civil action under subparagraph (A) without regard to sec-
tion 1346(a), 2342, or 2349 of title 28, section 701(a) 
of title 5, or section 242 of the Immigration and Nation-
ality Act (8 U.S.C. 1252).’’. 
SEC. 10. REGULAR REPORTING TO CONGRESS. 
(a) DEFINITIONS.—In this section: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Justice, including the 
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Federal Bureau of Investigation and each office of 
a United States attorney. 
(2) COVERED
MATTER.—The term ‘‘covered 
matter’’ means any criminal investigation, prosecu-
tion, or enforcement action— 
(A) for which approval, consultation, or 
sign-off by a component of the headquarters of 
the Department or by the leadership of the De-
partment is required under statute, regulation, 
or written Department policy; or 
(B) designated by the Attorney General or 
Deputy Attorney General as of significant pub-
lic interest or sensitivity. 
(b) QUARTERLY REPORTS.— 
(1) IN GENERAL.—Not later than 30 days after 
the end of each calendar quarter, the Attorney Gen-
eral shall submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary 
of the House of Representatives a report con-
taining— 
(A) a summary of all covered matters initi-
ated, approved, declined, or closed during the 
preceding quarter; 
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(B) the basis for any declination, approval, 
or directive issued by the leadership of the De-
partment in connection with a covered matter; 
(C) any significant changes in Department 
policy governing the approval or oversight of 
covered matters; and 
(D) aggregated data on prosecutorial dec-
larations. 
(2) FORMAT AND CLASSIFICATION.—Each re-
port under paragraph (1) shall be submitted in un-
classified form, but may include a classified annex as 
necessary to protect ongoing investigations or sen-
sitive law enforcement information. 
(c) IMMEDIATE NOTIFICATION.—The Attorney Gen-
eral shall notify the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House 
of Representatives not later than 3 business days after any 
court— 
(1) rejects or allows discovery into a prosecu-
torial declaration; or 
(2) otherwise issues an order materially affect-
ing the confidentiality or validity of such declaration. 
SEC. 11. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or the application of a provision of this Act 
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or an amendment made by this Act to any person or cir-
cumstance, is held to be unconstitutional, the remainder 
of this Act, and the application of the provision or amend-
ment to any other person or circumstance, shall not be 
affected thereby. 
Æ 
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