SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Speech 
from Government Interference Act’’. 
SEC. 2. PROHIBITION ON FEDERAL EMPLOYEE CENSOR-
SHIP. 
(a) IN GENERAL.—Chapter 73 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER VIII—PROHIBITION ON 
FEDERAL EMPLOYEE CENSORSHIP 
‘‘§ 7381. Policy regarding Federal employee censor-
ship 
‘‘It is the policy of the Congress that employees act-
ing in their official capacity should neither take action 
within their authority or influence to promote the censor-
ship of any lawful speech, nor advocate that a third party, 
including a private entity, censor such speech. 
‘‘§ 7382. Prohibition on Federal employee censorship 
‘‘(a) IN GENERAL.—An employee may not— 
‘‘(1) use the employee’s official authority to 
censor any private entity, including outside of nor-
mal duty hours and while such employee is away 
from the employee’s normal duty post; or 
‘‘(2) engage in censorship of a private entity— 
‘‘(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 instrumen-
tality thereof; 
‘‘(C) while wearing a uniform or official in-
signia identifying the office or position of the 
employee; 
‘‘(D) while using any vehicle owned or 
leased by the Government of the United States 
or any agency or instrumentality thereof; or 
‘‘(E) while using any information system 
or information technology (as defined under 
section 11101 of title 40). 
‘‘(b) EXCEPTIONS FOR LAW ENFORCEMENT FUNC-
TIONS AND REPORTING REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
shall be construed to prohibit an employee from en-
gaging in lawful actions against unlawful speech 
within the official authority of such employee for the 
purpose of exercising legitimate law enforcement 
functions. 
‘‘(2) REPORTING.— 
‘‘(A) IN
GENERAL.—Not later than 72 
hours before an employee exercises a legitimate
law enforcement function under paragraph (1) 
to take any action to censor any unlawful 
speech (in this paragraph referred to as a ‘cen-
sorship action’), and consistent with subpara-
graph (D), the head of the agency that employs 
the employee shall submit, to the Office of Spe-
cial Counsel and the chair and ranking member 
of the committees of Congress described under 
subparagraph (B), a report that includes— 
‘‘(i) an overview of the action, or ac-
tions, to be taken, including a summary of 
the action being taken and the rationale 
for why a censorship action is necessary; 
‘‘(ii) the name of the entity which the 
action is being requested of; 
‘‘(iii) the person and entity targeted 
by the censorship action, including the as-
sociated name or number of any account 
used or maintained by the entity and a de-
scription of the specific speech content tar-
geted; 
‘‘(iv) the agency’s legal authority for 
exercising the law enforcement function; 
‘‘(v) the agency employee or employ-
ees involved in the censorship action, in-
cluding their position and any direct super-
visor; 
‘‘(vi) a list of other agencies that have 
been involved, consulted, or communicated 
with in coordination with the censorship 
action; and 
‘‘(vii) a classified annex, if the agency 
head deems it appropriate. 
‘‘(B) COMMITTEES.—The committees of 
Congress described under this subparagraph are 
the following: 
‘‘(i) The Committee on Oversight and 
Accountability, the Committee on the Judi-
ciary, the Permanent Select Committee on 
Intelligence, and the Committee on Energy 
and Commerce of the House of Represent-
atives. 
‘‘(ii) The Committee on Homeland Se-
curity and Governmental Affairs, the Com-
mittee on the Judiciary, Select Committee 
on Intelligence, and the Committee on 
Commerce, Science, and Transportation of 
the Senate. 
‘‘(C) CLARIFICATION OF OFFICE OF SPE-
CIAL COUNSEL REPORTING REQUIREMENTS.—
The reporting requirements in this paragraph 
do not apply to the Office of Special Counsel’s 
advisory and enforcement functions under sub-
chapter II of chapter 12. 
‘‘(D) REPORTING
REQUIREMENTS
FOR 
CERTAIN ACTIONS.— 
‘‘(i) Any censorship action relating to 
combating child pornography and exploi-
tation, human trafficking, or the illegal 
transporting of or transacting in controlled 
substances shall be exempt from the re-
porting requirement under this paragraph. 
‘‘(ii) With respect to any censorship 
action related to safeguarding, or pre-
venting the unlawful dissemination of, 
properly classified national security infor-
mation, subparagraph (A) shall be applied 
by substituting ‘Not later than 72 hours 
after’ for ‘Not later than 72 hours before’. 
‘‘(c) PENALTIES.— 
‘‘(1) IN GENERAL.—An employee who violates 
this section shall be subject to— 
‘‘(A) disciplinary action consisting of re-
moval, reduction in grade, debarment from
Federal employment for a period not to exceed 
10 years, suspension, or reprimand; 
‘‘(B) an assessment of a civil penalty not 
to exceed $1,000; or 
‘‘(C) any combination of the penalties de-
scribed in subparagraph (A) or (B). 
‘‘(2) APPLICATION
TO
SENIOR
GOVERNMENT 
OFFICIALS.—Paragraph (1)(B) shall be applied by 
substituting ‘$50,000’ for ‘$1,000’ for any employee 
who is— 
‘‘(A) paid from an appropriation for the 
White House Office; or 
‘‘(B) appointed by the President, by and 
with the advice and consent of the Senate. 
‘‘(d) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (c)(2), this section shall be 
enforced in the same manner as subchapter III of 
this chapter. 
‘‘(2) APPLICATION.—Notwithstanding any other 
provision of law, including section 1215(b), the Spe-
cial Counsel may, in lieu of sending a report to the 
President under section 1215(b), seek civil monetary 
penalties under subsection (c)(2) pursuant to section 
1215(a). This paragraph shall not be construed to
limit or otherwise affect the President’s authority to 
enforce any disciplinary action against an employee 
described under subsection (c)(2). 
‘‘(e) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 240 days 
after the date of the enactment of this section, and 
annually thereafter, the Attorney General, in con-
sultation with the Assistant Attorney General for 
Civil Rights and the Office of Special Counsel, shall 
submit to the committees of Congress described in 
subsection (b)(2)(B) a report evaluating the compli-
ance by the Federal Government with this section, 
including a description of any action by the head of 
an agency or department in the executive branch 
to— 
‘‘(A) consult with any third parties about 
censorship by employees in the executive 
branch; or 
‘‘(B) engage in any activity prohibited 
under this section. 
‘‘(2) SUNSET.—This subsection shall terminate 
on the date that is 10 years after the date of the 
enactment of this subsection. 
‘‘(f) ANNUAL TRAINING.—Not less than annually, the 
head of each employing agency shall provide mandatory
‘‘(5) the term ‘unlawful speech’ means speech 
not protected by the First Amendment of the Con-
stitution.’’. 
(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) INCLUDING CENSORSHIP ACTIVITIES UNDER JU-
RISDICTION OF OFFICE OF SPECIAL COUNSEL.—Strike 
paragraph (1) of section 1216(a) of title 5, United States 
Code, and insert the following: 
‘‘(1) political activity and censorship prohibited 
under subchapter III and subchapter VIII of chapter 
73, relating to political and censorship activities, re-
spectively, by Federal employees;’’. 
(d) RULE OF CONSTRUCTION.—Nothing in this Act 
or any amendment made by this Act should be interpreted 
as prohibiting a lawful action by a Federal agency to en-
force a Federal law or regulation (including any action to 
enforce a Federal law or regulation addressing obscene 
matters), to establish or enforce the terms and conditions 
of Federal financial assistance, or to prohibit a Federal 
employee from using an official Federal account on an 
interactive computer service to communicate an official
policy position, and relevant information, to the public, or 
provide information through normal press and public af-
fairs relations. 
(e) 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 unconsti-
tutional, the remainder of this Act, and the application 
of the provisions to any person or circumstance, shall not 
be affected by the holding. 
SEC. 3. CONGRESSIONAL FINDINGS. 
The Congress finds that inspectors general should not 
less than annually for the next seven years publicly report 
the number of complaints and tips received, the number 
of investigations opened, and statistics on how investiga-
tions were managed and their disposition by that inspector 
general related to compliance with this Act and the 
amendments made by this Act. 
Passed the House of Representatives March 9, 
2023. 
Attest: 
Clerk.
118TH CONGRESS 
1ST SESSION 
H. R. 140 
AN ACT 
To amend title 5, United States Code, to prohibit 
Federal employees from advocating for censor-
ship of viewpoints in their official capacity, and 
for other purposes.