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 de-
termined 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. 
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 ‘‘Protecting Political 
Expression Act of 2020’’. 
SEC. 2. POLITICAL AFFILIATION HATE CRIMES. 
(a) CIVIL RIGHTS CRIMES.—Section 245 of title 18, 
United States Code, is amended by striking ‘‘or national 
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origin’’ each place it appears and inserting ‘‘, national ori-
gin, or political affiliation (as such term is defined in the 
Protecting Political Expression Act of 2020)’’. 
(b) DAMAGE
TO RELIGIOUS PROPERTY.—Section 
247(c) of title 18, United States Code, is amended by 
striking ‘‘or ethnic characteristics’’ and inserting ‘‘ethnic 
characteristics, or political affiliation (as such term is de-
fined in the Protecting Political Expression Act of 2020)’’. 
(c) HATE CRIME ACTS.—Section 249 of title 18, 
United States Code, is amended by inserting ‘‘political af-
filiation,’’ after ‘‘actual or perceived’’ each place it ap-
pears. 
(d) INTIMIDATION IN FAIR HOUSING.—Section 901 
of the Civil Rights Act of 1968 (42 U.S.C. 3631) is 
amended by striking ‘‘or national origin’’ each place it ap-
pears and inserting ‘‘national origin, or political affiliation 
(as such term is defined in the Protecting Political Ex-
pression Act of 2020)’’. 
(e) 
SENTENCING
ENHANCEMENTS
FOR
HATE 
CRIMES.—Section 280003(a) of the Violent Crime Control 
and Law Enforcement Act of 1994 (28 U.S.C. 994 note) 
is amended by striking ‘‘or sexual orientation’’ and insert-
ing ‘‘, sexual orientation, or political affiliation (as such 
term is defined in the Protecting Political Expression Act 
of 2020)’’. 
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SEC. 3. DATA COLLECTION; REPORT. 
(a) DATA COLLECTION.—The Attorney General shall 
collect data on instances of alleged offenses under section 
245 of title 18, United States Code, committed on the 
basis of political affiliation, including details about the al-
leged offense and its outcome, including demographic in-
formation of victim and the accused. 
(b) REPORT.—The Attorney General shall submit to 
Congress, on an annual basis, for the 5 years after the 
date of enactment of this Act, a report on the data col-
lected under subsection (a), including an assessment of 
why such offenses are occurring, and recommendations on 
how to prevent such offenses. Reports under this sub-
section may not contain any information that may reveal 
the identity of an individual crime victim. 
SEC. 4. NONDISCRIMINATION IN FEDERALLY ASSISTED 
PROGRAMS. 
Section 601 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d) is amended by striking ‘‘or national origin’’ 
and inserting ‘‘national origin, or political affiliation (as 
such term is defined in the Protecting Political Expression 
Act of 2020)’’. 
SEC. 5. NONDISCRIMINATION IN EMPLOYMENT. 
Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.) is amended— 
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(1) in section 703, by striking ‘‘or national ori-
gin’’ each place it appears and inserting ‘‘national 
origin, or political affiliation (as such term is defined 
in the Protecting Political Expression Act of 2020)’’; 
and 
(2) in section 704, by striking ‘‘or national ori-
gin’’ and inserting ‘‘national origin, or political affili-
ation (as such term is defined in the Protecting Po-
litical Expression Act of 2020)’’. 
SEC. 6. DEFINITION OF POLITICAL AFFILIATION. 
In this Act, the term ‘‘political affiliation’’ means any 
of the following: 
(1) Joining, belonging to, or withdrawing from 
any political party, political action committee, or 
super-PAC. 
(2) Expressing support for, opposition to, or in-
difference toward a matter of controverted political 
interest. 
(3) Contributing, whether financially or in-kind, 
to any ballot question, referendum, legislation, polit-
ical candidate, political party, political action com-
mittee, or super-PAC. 
(4) Endorsing or expressing support for, oppo-
sition to, or indifference toward any ballot question, 
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referendum, legislation, political candidate, political 
party, political action committee, or super-PAC. 
Such term shall not be construed to prevent a mission- 
oriented organization or entity from taking otherwise law-
ful steps to preserve the integrity of its mission. 
Æ 
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