Definitions

In this Act: (1) Covered enforcement claim The term covered enforcement claim means a claim brought by the Federal Government alleging a violation of Federal civil or criminal law (including regulations). (2) Covered Federal official The term covered Federal official means an officer or employee of the executive branch of the Federal Government, including the President, the Vice President, and an officer or employee of an independent agency of the executive branch of the Federal Government. (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 regulations) 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 respect 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— (i) a citizen or national of the United States; (ii) an alien lawfully admitted for permanent 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 outside the United States). (6) Protected speech or participation The term protected speech or participation means all constitutionally protected speech, including criticism, dissent, or other protected speech, expression, or association. (7) Substantially motivated by protected speech or participation (A) In general The term substantially motivated by protected speech or participation 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 for the covered Government action or covered enforcement claim. (B) Laws regulating political speech A covered Government action or covered enforcement claim is not substantially motivated by protected speech or participation solely because the action or claim is brought pursuant to a statute, regulation, or other authority that directly regulates political speech or participation, including— (i) section 2003 or 2004 of the Revised 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 Citizens 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.); (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.).