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US SB3646
Bill
Status
1/14/2026
Primary Sponsor
Christopher Murphy
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AI Summary
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Prohibits federal officials from initiating enforcement actions or claims against individuals or domestic organizations that are substantially motivated by their constitutionally protected political speech, expression, or association
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Creates an affirmative defense allowing defendants to challenge government enforcement claims as politically motivated, triggering expedited discovery and requiring the government to prove by clear and convincing evidence that the action was not motivated by protected speech
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Authorizes civil lawsuits for injunctive relief and monetary damages against federal officials who engage in political targeting, with abrogation of qualified immunity for officials who did not act in good faith
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Requires the Attorney General to submit quarterly reports to Congress on high-profile criminal investigations and prosecutions requiring DOJ headquarters approval, and notify Congress within 3 business days of court orders affecting prosecutorial declarations
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Amends the Anti-Deficiency Act (31 U.S.C. 1341) to prohibit the use of federal funds for enforcement actions substantially motivated by protected speech, with a private right of action for aggrieved persons
Legislative Description
No Political Enemies Act
Last Action
Read twice and referred to the Committee on the Judiciary.
1/14/2026