No Political Enemies Act

Bill Number

S. 3646

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Civil Rights and Liberties, Minority Issues

Status

Introduced

Latest Action

2026-01-14: Read twice and referred to the Committee on the Judiciary.

Last Updated

2026-02-10T18:18:44Z

AI-Generated Summary

Purpose of the Legislation

The "No Political Enemies Act" (S. 3646) aims to prevent federal government officials from targeting individuals or organizations for their protected political speech or participation. It seeks to protect First Amendment rights by prohibiting actions that suppress, burden, or punish such speech, including criticism or dissent, without infringing on legitimate law enforcement.

Key Provisions

• Findings and Definitions: The bill states that the President lacks authority to designate domestic terrorist organizations without congressional delegation and reaffirms First Amendment protections. Key terms include:
• Covered federal official: Any executive branch officer or employee, including the President and Vice President.
• Covered person: U.S. citizens, nationals, lawful permanent residents, or others present in the U.S.; also domestic entities (organizations formed under U.S. laws).
• Covered government action: Investigative, regulatory, or enforcement activities under federal law against a specific covered person.
• Protected speech or participation: Constitutionally guaranteed speech, expression, association, assembly, or petitioning the government.
• Substantially motivated: When protected speech is a motivating factor (not necessarily the main one) for an action, unless the action directly regulates political activities under specific voting or election laws.

• General Prohibition: Federal officials cannot initiate or direct enforcement claims or government actions against covered persons if substantially motivated by protected speech.

• Affirmative Defense in Enforcement Cases: In federal civil or criminal cases, a covered person can raise a defense if the government's action was motivated by protected speech. The court must allow expedited discovery on motivations; the government bears the burden of proving by clear and convincing evidence (a high standard requiring strong proof) that the action had legitimate, unrelated grounds. If the government fails, the court dismisses the case or provides relief.

• Civil Actions for Injunctive Relief: Covered persons can sue in federal court for injunctions (court orders to stop actions) against officials or agencies engaging in or planning politically motivated actions. A First Amendment violation alone suffices for harm, and a likelihood of proving motivation establishes irreparable harm (permanent damage justifying immediate relief). Courts have jurisdiction bypassing usual limits, including those on tax-related injunctions if targeting tax-exempt status for speech reasons.

• Civil Actions for Damages: Covered persons can sue officials for monetary damages if the official knowingly violated constitutional rights through politically motivated actions. Officials lose qualified immunity (legal protection from suits) unless they acted in good faith and the speech was clearly unprotected. The U.S. government cannot automatically cover officials' liability unless specific conditions are met.

• Attorneys' Fees and Costs: Courts can award fees and costs to prevailing parties (those who substantially win) in cases involving politically motivated actions, without usual caps. This applies to dismissed criminal cases or successful civil challenges.

• Prohibition on Funding: Amends the Anti-Deficiency Act (31 U.S.C. 1341) to bar using federal funds for politically motivated actions. Aggrieved persons can sue for injunctions, with courts having broad jurisdiction.

• Reporting Requirements: The Department of Justice (DOJ), including the FBI and U.S. Attorneys' offices, must submit quarterly unclassified reports to congressional Judiciary Committees on significant investigations, prosecutions, or enforcement actions, including rationales and policy changes. Immediate notifications are required for court rulings on prosecutorial motivations.

• Severability: If any part is ruled unconstitutional, the rest remains in effect.

Significant Changes to Existing Law

• Introduces a new affirmative defense shifting the burden to the government in enforcement cases, unlike current law where defendants typically bear the proof burden.
• Creates private rights of action for injunctions and damages against high-level officials, overriding defenses like immunity and jurisdictional bars (e.g., under 28 U.S.C. §§ 1346, 2342; 5 U.S.C. § 701; tax injunction rules in 26 U.S.C. § 7421).
• Prohibits funding for retaliatory actions via amendment to the Anti-Deficiency Act, adding enforcement teeth to anti-retaliation rules.
• Mandates DOJ transparency through regular congressional reporting, expanding oversight beyond existing requirements.
• Exempts awards of attorneys' fees from statutory limits, making challenges more feasible.

Potential Impacts

• On Government Agencies: Increases litigation risks for executive branch entities (e.g., DOJ, IRS, regulatory agencies), requiring stricter documentation of enforcement motivations to avoid dismissal or liability. Could slow investigations and raise compliance costs, with mandatory reporting adding administrative burdens.
• On Citizens: Enhances protections for individuals and groups engaging in political speech, making it easier to challenge perceived retaliation through courts, potentially deterring government overreach and encouraging free expression.
• On International Relations: Minimal direct impact, as the bill focuses on domestic entities and persons; it does not address foreign actors or international enforcement.

Main Stakeholders Affected

• Covered Persons: U.S. citizens, residents, and domestic organizations (e.g., nonprofits, activists, media outlets) engaging in political speech, who gain new tools to defend against targeting.
• Covered Federal Officials and Agencies: Executive branch personnel (including leadership) and agencies like DOJ, FBI, IRS, who face prohibitions, potential personal liability, and heightened scrutiny.
• Courts and Congress: Federal judges handle expanded caseloads with new procedural rules; congressional Judiciary Committees receive oversight reports to monitor enforcement.
• Taxpayers: Indirectly affected through barred use of funds for prohibited actions and potential fee awards against the government.

Notable Legal, Constitutional, or Political Implications

• Legal: Establishes strong evidentiary standards (e.g., clear and convincing proof) and expedited processes, potentially leading to more early dismissals of cases and broader discovery into government motives, which could strain resources but promote accountability.
• Constitutional: Reinforces First Amendment protections by limiting executive actions that chill speech, while clarifying no inherent presidential power to label domestic terrorists; includes safeguards to preserve legitimate regulations (e.g., election laws). The abrogation of immunity raises separation-of-powers questions but is framed as constitutional to the maximum extent.
• Political: Could reduce partisan use of government power against opponents, fostering trust in institutions, but might complicate prosecutions involving politically active individuals if motivations are disputed; the bill's introduction by Democratic senators highlights debates over executive overreach.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Murphy, Christopher [D-CT]

Cosponsors (10)

Sen. Schumer, Charles E. [D-NY], Sen. Alsobrooks, Angela D. [D-MD], Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Merkley, Jeff [D-OR], Sen. Padilla, Alex [D-CA], Sen. Schiff, Adam B. [D-CA], Sen. Smith, Tina [D-MN], Sen. Van Hollen, Chris [D-MD], Sen. Welch, Peter [D-VT]

Recent Actions

• 2026-01-14: Read twice and referred to the Committee on the Judiciary.
• 2026-01-14: Introduced in Senate

Bill Versions

• No Political Enemies Act — issued 2026-01-14 — PDF (17 pages)