[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7575 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7575

 To amend title 28, United States Code, to prohibit attorneys for the 
    Government from being influenced by the political association, 
 activities, or beliefs of a person in determining whether to commence 
   or recommend prosecution or take other action against the person.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2026

   Mr. Goldman of New York introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to prohibit attorneys for the 
    Government from being influenced by the political association, 
 activities, or beliefs of a person in determining whether to commence 
   or recommend prosecution or take other action against the person.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prohibiting Political Prosecutions 
Act of 2026''.

SEC. 2. IMPERMISSIBLE CONSIDERATIONS FOR INITIATING OR DECLINING 
              CHARGES AND RIGHT OF ACTION.

    (a) In General.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 530E. Impermissible considerations for initiating or declining 
              charges and right of action
    ``(a) Definition.--In this section, the term `applicable covered 
individual' means--
            ``(1) if the investigation involved the Federal Bureau of 
        Investigation, the Director of the Federal Bureau of 
        Investigation, a special agent in charge, a section chief, and 
        an agent of the Federal Bureau of Investigation;
            ``(2) if the investigation involved an agency other than 
        the Federal Bureau of Investigation, the head of the agency and 
        an agent of the agency; and
            ``(3) a United States attorney and a line prosecutor.
    ``(b) Impermissible Considerations.--
            ``(1) In general.--In determining whether to commence or 
        recommend prosecution or investigation an attorney or 
        investigator for the Government shall not consider the 
        political or policy associations, activities, or beliefs of the 
        person. An attorney or investigator for the Government shall 
        not commence or recommend prosecution or investigation against 
        a person in order to influence or change, in any way, the 
        political or policy associations, activities, or beliefs of the 
        person.
            ``(2) Applications.--Each criminal complaint, information, 
        indictment, and application for a search warrant or arrest 
        warrant shall include an attestation by the applicable covered 
        individual that--
                    ``(A) the covered individual is not aware that the 
                criminal complaint, information, indictment, search 
                warrant, or arrest warrant, as applicable, is being 
                sought because of the political association, 
                activities, or beliefs of the person subject to the 
                warrant or a defendant named in the indictment;
                    ``(B) the covered individual is not aware that the 
                criminal complaint, information, indictment, search 
                warrant, or arrest warrant, as applicable, is being 
                sought in order to influence or change, in any way, the 
                political or policy associations, activities, or 
                beliefs of the person subject to the warrant or a 
                defendant named in the indictment; and
                    ``(C) in the case of a criminal complaint, 
                information, or indictment, the covered individual 
                believes the evidence in support of the indictment is 
                sufficient to prove the guilt of the defendant at trial 
                beyond a reasonable doubt.
            ``(3) Rule of construction.--Nothing in paragraph (1) may 
        be construed to limit the authority of the Attorney General--
                    ``(A) to establish prosecutorial and other 
                guidelines for personnel of the Department of Justice;
                    ``(B) to displace any additional provisions of the 
                Justice Manual; or
                    ``(C) to exclude by implication any other 
                consideration the Attorney General determines is 
                impermissible in determining whether to commence or 
                recommend prosecution or take other action against a 
                person.
    ``(c) Right of Action.--Any person investigated or prosecuted 
following a violation of this section may bring a civil action in an 
appropriate court of the United States for damages against any 
applicable covered individual in their individual capacity.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 31, United States Code, is amended by adding at the end the 
following:

``530E. Impermissible considerations for initiating or declining 
                            charges and right of action.''.

SEC. 3. GRAND JURY REFORMS.

    (a) In General.--Rule 6 of the Federal Rules of Criminal Procedure 
is amended by adding at the end the following:
    ``(j) Presentation of Exculpatory Information.--If the government 
is aware of exculpatory evidence, the government shall inform the grand 
jury of its nature and existence.
    ``(k) Presentation of Impeachment Information.--The government 
shall inform the grand jury of any statement, report, communication, or 
recording in the possession of the government made by, or including, a 
witness who testified before the grand jury that may impeach the 
credibility of the testimony of the witness.''.
    (b) Discovery and Inspection.--Rule 16(a)(1) of the Federal Rules 
of Criminal Procedure is amended--
            (1) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (2) by inserting after subparagraph (F) the following:
                    ``(G) Grand jury vote tally.--Upon a defendant's 
                request, the government must furnish the defendant with 
                the number of grand jurors who voted to indict on each 
                count and the number of grand jurors present for the 
                vote.''.
    (c) Dismissal.--Rule 48 of the Federal Rules of Criminal Procedure 
is amended by adding at the end the following:
    ``(c) For Political Reasons.--
            ``(1) In general.--Upon a motion by the defendant alleging 
        that substantial grounds exist to believe that the political or 
        policy associations, activities, or beliefs of the defendant 
        were considered in bringing the prosecution or that the 
        prosecution was sought in order to influence or change, in any 
        way, the political or policy association, activities, or 
        beliefs of the defendant and requesting dismissal of all or 
        part of the indictment and inspection of grand jury minutes, 
        the judge shall review the grand jury minutes in camera, 
        including whether--
                    ``(A) the government provided the grand jury with 
                sufficient evidence to prove by probable cause that the 
                defendant committed each element of the crime;
                    ``(B) the evidence presented to the grand jury was 
                without impermissible reference to the political or 
                policy associations, activities, or beliefs of the 
                defendant;
                    ``(C) the government informed the grand jury of the 
                nature and existence of all exculpatory evidence of 
                which the government was aware; and
                    ``(D) the government informed the grand jury of any 
                statement, report, communication, or recording in the 
                possession of the government made by a witness who 
                testified before the grand jury that may impeach the 
                credibility of the grand jury testimony of the witness.
            ``(2) Dismissal of all or part of the indictment.--
                    ``(A) Determination.--If the court determines that 
                evidence presented to the grand jury impermissibly 
                related to the political or policy associations, 
                activities or beliefs of the defendant, or that the 
                evidence was not sufficient to prove probable cause for 
                each element of the offense, the court shall dismiss 
                all or part of the indictment, as applicable.
                    ``(B) Re-presentation.--If the court dismisses all 
                or part of an indictment under this paragraph, the 
                government may re-present a case to a different grand 
                jury only if the government first files a motion 
                providing, and the court first finds, substantial 
                grounds to believe that the political or policy 
                associations, activities, or beliefs of the target were 
                not considered in bringing the prosecution and that the 
                prosecution is not being sought in order to influence 
                or change, in any way, the political or policy 
                association, activities, or beliefs of the 
                defendant.''.

SEC. 4. PROHIBITION ON WHITE HOUSE INFLUENCE.

    (a) In General.--Chapter 31 of title 28, United States Code, as 
amended by section 2 of this Act, is amended by adding at the end the 
following:
``Sec. 530F. Impermissible influence
    ``(a) In General.--No President or any employee of the White House 
shall directly or indirectly instruct the Department of Justice 
concerning investigative or charging decisions in individual criminal 
cases.
    ``(b) No Consideration.--No Department of Justice employee may 
consider direct or indirect instructions from the President or any 
White House employee when making investigative or charging decisions in 
individual criminal cases.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 31, United States Code, as amended by section 2 of this Act, is 
amended by adding at the end the following:

``530F. Impermissible influence.''.

SEC. 5. REPORTING.

    (a) In General.--Section 530B of title 28, United States Code, is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) All employees of the Department of Justice and Federal 
Bureau of Investigation shall report to the Office of Professional 
Responsibility of the Department of Justice and the Office of the 
Inspector General of the Department of Justice any instance where the 
political or policy associations, activities, or beliefs of the target 
were considered in any investigation or charging decision or when an 
investigation or charging decision was made in order to influence or 
change, in any way, the political or policy association, activities, or 
beliefs of the target.
    ``(2) The Director of the Office of Professional Responsibility of 
the Department of Justice and the Inspector General of the Department 
of Justice shall disclose to each appropriate congressional committee 
any communication or complaint received by the Office or Inspector 
General relating to an allegation that, in determining whether to 
commence or recommend prosecution or take other action against a 
person, the political or policy associations, activities, or beliefs of 
the person were considered or a decision was made in order to influence 
or change, in any way, the political or policy association, activities, 
or beliefs of the person.
    ``(3) Any disclosure made under paragraph (2) shall--
            ``(A) include--
                    ``(i) the specific communication or complaint 
                received by the Office of Professional Responsibility 
                or Office of the Inspector General;
                    ``(ii) the investigative steps the Office of 
                Professional Responsibility or Office of the Inspector 
                General took in response to the allegation; and
                    ``(iii) any findings of the Office of Professional 
                Responsibility or Office of the Inspector General;
            ``(B) notwithstanding section 552a of title 5, be 
        confidential and not subject to disclosure; and
            ``(C) be made not later than 5 business days after the 
        issuance of any findings or, if no findings are issued, be made 
        no later than 5 business days after the conclusion of the 
        investigation.
    ``(4) The Office of Professional Responsibility of the Department 
of Justice and the Office of the Inspector General of the Department of 
Justice shall investigate all communications and complaints relating to 
an allegation that, in determining whether to commence or recommend 
prosecution or take other action against a person, the political 
association, activities, or beliefs of the person were considered or a 
decision was made in order to influence or change, in any way, the 
political or policy associations, activities, or beliefs of the person. 
Such investigations shall be commenced not later than 5 business days 
after the initial receipt of the communication or complaint and shall 
be completed not later than 1 month after such receipt.''.

SEC. 6. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.
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