Protecting Speech from Government Interference Act

Subjects: Government Operations and Politics, Employment discrimination and employee rights, First Amendment rights, Government employee pay, benefits, personnel management, Internet, web applications, social media

Summary:  <p><b>Protecting Speech from Government Interference Act</b></p> <p>This bill generally prohibits federal employees from censoring the speech of others while acting in an official capacity.</p> <p>Specifically, the bill prohibits employees of executive agencies or who are otherwise in the competitive service from (1) using their official authority to censor a private entity; or (2) engaging in censorship of a private entity while on duty, wearing a uniform, or using official government property. The bill provides certain exceptions for law enforcement, subject to specified reporting requirements. </p> <p>Employees are subject to disciplinary action, civil penalties, or both for violations.</p> <p>The bill defines <i>censor </i>or <i>censorship</i> to mean influencing or coercing, or directing another to influence or coerce, for the removal of lawful speech, the addition of disclaimers, or the restriction of access with respect to any interactive computer service (e.g., social media).</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 140 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 140

  To amend title 5, United States Code, to prohibit Federal employees 
    from advocating for censorship of viewpoints in their official 
                   capacity, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

  Mr. Comer (for himself, Mr. Jordan, and Mrs. Rodgers of Washington) 
 introduced the following bill; which was referred to the Committee on 
                      Oversight and Accountability

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, to prohibit Federal employees 
    from advocating for censorship of viewpoints in their official 
                   capacity, and for other purposes.

    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 ``Protecting Speech from Government 
Interference Act''.

SEC. 2. PROHIBITION ON FEDERAL EMPLOYEE CENSORSHIP.

    (a) In General.--Chapter 73 of title 5, United States Code, is 
amended by adding at the end the following:

     ``SUBCHAPTER VIII--PROHIBITION ON FEDERAL EMPLOYEE CENSORSHIP

``Sec. 7381. Policy regarding Federal employee censorship
    ``It is the policy of the Congress that employees acting in their 
official capacity should neither take action within their authority or 
influence to promote the censorship of any speech, nor advocate that a 
third party, including a private entity, censor such speech.
``Sec. 7382. Prohibition on Federal employee censorship
    ``(a) In General.--An employee may not--
            ``(1) use the employee's official authority or influence to 
        advocate that any third party, including a private entity, take 
        any action to censor any speech;
            ``(2) knowingly censor or discourage the exercise of speech 
        of any person who--
                    ``(A) has an application for any compensation, 
                grant, contract, ruling, license, permit, or 
                certificate pending before the employing office of such 
                employee; or
                    ``(B) is the subject of or a participant in an 
                ongoing audit, investigation, or enforcement action 
                being carried out by the employing office of such 
                employee; or
            ``(3) engage in censorship--
                    ``(A) while the employee is on duty;
                    ``(B) in any room or building occupied in the 
                discharge of official duties by an individual employed 
                or holding office in the Government of the United 
                States or any agency or instrumentality thereof;
                    ``(C) while wearing a uniform or official insignia 
                identifying the office or position of the employee; or
                    ``(D) using any vehicle owned or leased by the 
                Government of the United States or any agency or 
                instrumentality thereof.
    ``(b) Further Restricted Employees.--
            ``(1) In general.--An employee described in paragraph (2) 
        may not knowingly censor or discourage the exercise of speech 
        of a person at any time, including outside normal duty hours 
        and while such employee is away from their normal duty post.
            ``(2) Further restricted employee described.--The 
        provisions of paragraph (1) shall apply to any employee--
                    ``(A) whose duties and responsibilities of the 
                employee's position continue outside normal duty hours 
                and while away from the normal duty post; and
                    ``(B) who is--
                            ``(i) an employee paid from an 
                        appropriation for the Executive Office of the 
                        President; or
                            ``(ii) an employee appointed by the 
                        President, by and with the advice and consent 
                        of the Senate, whose position is located within 
                        the United States, who determines policies to 
                        be pursued by the United States in relations 
                        with foreign powers or in the nationwide 
                        administration of Federal laws.
    ``(c) Exceptions.--Nothing in this Act shall be construed to 
prohibit an employee from engaging in lawful actions within the 
official authority of such employee for the purpose of exercising 
legitimate law enforcement functions directly related to activities to 
combat child pornography, human trafficking, or the illegal 
transporting of or transacting in controlled substances and 
safeguarding, or preventing, the unlawful dissemination of properly 
classified national security information.
    ``(d) Penalties.--An employee who violates this section shall be 
subject to--
            ``(1) disciplinary action consisting of removal, reduction 
        in grade, debarment from Federal employment for a period not to 
        exceed 5 years, suspension, or reprimand;
            ``(2) an assessment of a civil penalty not to exceed 
        $10,000; or
            ``(3) any combination of the penalties described in 
        paragraph (1) or (2).
    ``(e) Enforcement.--This section shall be enforced in the same 
manner as subchapter III of this chapter.
    ``(f) Definitions.--In this subchapter--
            ``(1) the term `censor' or `censorship' means ordering or 
        advocating for--
                    ``(A) the removal or suppression of lawful speech, 
                in whole or in part, from or on any platform (including 
                an interactive computer service);
                    ``(B) the addition of any disclaimer, information, 
                or other alert to such speech being expressed on any 
                platform (including an interactive computer service); 
                or
                    ``(C) the removal or restriction of access of any 
                person on any platform (including an interactive 
                computer service) generally available to the public, 
                unless such person is engaged in criminal activities;
            ``(2) the term `employee' has the meaning given that term 
        in section 7322; and
            ``(3) the term `interactive computer service' has the 
        meaning given that term in section 230(f) of the Communications 
        Act of 1934 (47 U.S.C. 230(f)).''.
    (b) Clerical Amendment.--The table of sections for chapter 73 of 
title 5, United States Code, is amended by adding at the end the 
following:

      ``subchapter viii--prohibition on federal employee censorship

``7381. Policy regarding Federal employee censorship.
``7382. Prohibition on Federal employee censorship.''.
    (c) Severability.--If any provision of this Act or any amendment 
made by this Act, or the application of a provision of this Act or an 
amendment made by this Act to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act, and the application of the 
provisions to any person or circumstance, shall not be affected by the 
holding.
                                 &lt;all&gt;
</pre></body></html>