I 

115TH CONGRESS 

1ST SESSION H. R. 1574 

To amend the Communications Act of 1934 to clarify that the Federal 

Communications Commission may not take action against a broadcast 

licensee or any other person on the basis of viewpoint, to clarify that 

the President may not direct an agency to take such an action, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2017 

Mr. BEN RAY LUJA ́N of New Mexico introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To amend the Communications Act of 1934 to clarify that 

the Federal Communications Commission may not take 

action against a broadcast licensee or any other person 

on the basis of viewpoint, to clarify that the President 

may not direct an agency to take such an action, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Dissenting 

5 Viewpoints and Voices Act of 2017’’. 


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1 SEC. 2. VIEWPOINT PROTECTION. 

2 (a) ACTIONS BY FCC.—Title I of the Communica3 tions Act of 1934 (47 U.S.C. 151 et seq.) is amended by 

4 adding at the end the following: 

5 ‘‘SEC. 13. VIEWPOINT PROTECTION. 

6 ‘‘(a) PROHIBITION AGAINST RETALIATION ON BASIS

7 OF VIEWPOINT.—The Commission may not revoke any li8 cense or other authorization of, or otherwise take action 

9 against, any person on the basis, in whole or in part, of 

10 viewpoints taken, or not taken, on issues of public impor11 tance in content that is broadcast or otherwise dissemi12 nated by such person or any person affiliated with such 

13 person. 

14 ‘‘(b) PROHIBITION AGAINST CONDITIONS ON VIEW15 POINT IN TRANSACTION REVIEW.—The Commission may 

16 not place on any approval under subsections (a), (b), and 

17 (c) of section 214 or section 310(d) any condition with 

18 respect to viewpoints to be taken, or not taken, on issues 

19 of public importance in content broadcast or otherwise dis20 seminated by the person seeking such approval, any suc21 cessor of such person, or any person affiliated with such 

22 person or successor. 

23 ‘‘(c) NO EFFECT ON CERTAIN OTHER AUTHORITY

24 OF COMMISSION.—Nothing in this section shall be con25 strued to affect the authority of the Commission to take 


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1 action on the basis of, or to place a condition on an ap2 proval described in subsection (b) with respect to— 

3 ‘‘(1) a violation of— 

4 ‘‘(A) section 1304 of title 18, United 

5 States Code, or conduct that would constitute a 

6 violation of such section if content disseminated 

7 by means other than radio or television broad8 cast were disseminated by means of radio or 

9 television broadcast; 

10 ‘‘(B) section 1343 of such title; or 

11 ‘‘(C) section 1464 of such title, or conduct 

12 that would constitute a violation of such section 

13 if content disseminated by means other than 

14 radio communication were disseminated by 

15 means of radio communication; 

16 ‘‘(2) a violation of, or conduct that the Commis17 sion has the authority to require or prohibit under, 

18 section 312(a)(7), 315, or 317 of this Act; 

19 ‘‘(3) any public interest obligation under this 

20 Act of the person broadcasting or otherwise dissemi21 nating the content involved; or 

22 ‘‘(4) the broadcast or other dissemination of 

23 content that constitutes incitement under the First 

24 Amendment to the Constitution.’’. 

25 (b) ACTIONS AT DIRECTION OF PRESIDENT.— 


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1 (1) RETALIATION ON BASIS OF VIEWPOINT.— 

2 The President may not direct an agency to take any 

3 action against any person on the basis, in whole or 

4 in part, of viewpoints taken, or not taken, on issues 

5 of public importance in content that is broadcast or 

6 otherwise disseminated by such person or any person 

7 affiliated with such person. 

8 (2) CONDITIONS ON APPROVALS OR OTHER DE9 CISIONS.—The President may not direct an agency 

10 to place on any approval or other decision within the 

11 jurisdiction of the agency any condition with respect 

12 to viewpoints to be taken, or not taken, on issues of 

13 public importance in content broadcast or otherwise 

14 disseminated by the person seeking such approval or 

15 other decision, any successor of such person, or any 

16 person affiliated with such person or successor. 

17 (3) NO EFFECT ON CERTAIN OTHER AUTHOR18 ITY OF PRESIDENT.—Nothing in this subsection 

19 shall be construed to affect the authority of the 

20 President— 

21 (A) to direct an agency to take action on 

22 the basis of, or to place a condition on an ap23 proval or other decision within the jurisdiction 

24 of the agency, with respect to— 

25 (i) a violation of— 


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1 (I) section 1304 of title 18, 

2 United States Code, or conduct that 

3 would constitute a violation of such 

4 section if content disseminated by 

5 means other than radio or television 

6 broadcast were disseminated by means 

7 of radio or television broadcast; 

8 (II) section 1343 of such title; or 

9 (III) section 1464 of such title, 

10 or conduct that would constitute a 

11 violation of such section if content dis12 seminated by means other than radio 

13 communication were disseminated by 

14 means of radio communication; or 

15 (ii) the broadcast or other dissemina16 tion of content that constitutes incitement 

17 under the First Amendment to the Con18 stitution; or 

19 (B) to execute the duties of the President 

20 under any provision of law. 

21 (4) AGENCY DEFINED.—In this subsection, the 

22 term ‘‘agency’’ has the meaning given such term in 

23 section 551 of title 5, United States Code. 

Æ 


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