I 
118TH CONGRESS 
2D SESSION 
H. R. 7398 
To ensure the ability of public safety officers to retain their right to free 
speech on matters related to public safety, working conditions, and other 
matters. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2024 
Mr. VAN DREW (for himself and Mr. COHEN) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To ensure the ability of public safety officers to retain their 
right to free speech on matters related to public safety, 
working conditions, and other matters. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Safety Free 
Speech Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COVERED EMPLOYEE.—The term ‘‘covered 
employee’’ means— 
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(A) a qualified law enforcement officer (as 
defined in section 926B(c) of title 18, United 
States Code); 
(B) an individual employed by an employer 
for the purposes of providing fire-fighting serv-
ices or emergency medical services; or 
(C) a Federal firefighter described in sec-
tion 8331(21) or 8401(14) of title 5, United 
States Code. 
(2) 
EMPLOYER.—The 
term 
‘‘employer’’ 
means— 
(A) a law enforcement agency, fire depart-
ment, fire district, or emergency medical serv-
ices agency which employs a covered employee 
on either a full-time or part-time basis; or 
(B) a county, township, village, city, mu-
nicipality, special district, fire authority, county 
improvement district, authority, public entity 
with the authority to spend or receive public 
funds, or other political subdivisions of a State 
and includes any entity jointly created by 2 or 
more public employers. 
(3) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The term ‘‘personally identifiable informa-
tion’’ means information— 
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(A) that directly identifies an individual, 
including name, address, social security number 
or other identifying number or code, telephone 
number, email address; or 
(B) by which an organization is able to 
identify specific individuals in conjunction with 
other data elements. 
SEC. 3. CAUSE OF ACTION FOR VIOLATING THE RIGHT TO 
FREE SPEECH. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a covered employee may bring an action 
against an employer if the employer engages in termi-
nation or any adverse employment action against the em-
ployee for making oral or written statements expressing 
the employee’s personal opinion on matters pertaining 
to— 
(1) delivery of public safety services; 
(2) employee compensation or benefits; 
(3) working conditions or scheduling, including 
the provision of personal protective equipment, work 
tools and equipment, or work vehicles; 
(4) employer’s policies or procedures; 
(5) other expectations or requirements that the 
employer places on a covered employee as a term or 
condition of their employment; or 
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(6) political and religious opinions. 
(b) RELIEF.—A plaintiff that prevails in an action 
under subsection (a) may receive actual damages, compen-
satory damages, punitive damages, injunctive relief, any 
combination of those, attorneys’ fees and costs, and any 
other appropriate relief. 
(c) LIMITATIONS.—Subsection (a) shall not apply to 
written or oral comments that— 
(1) are made while the covered employee is on 
duty; 
(2) express any encouragement of, or intent, to 
commit violence or other illegal actions; 
(3) advocate for discrimination or support fa-
voritism when discharging their professional duties; 
(4) intentionally disclose confidential or person-
ally identifiable information pertaining to specific in-
dividuals with whom the covered employee has 
interacted with in the course of performing their 
work or other job-related duties; or 
(5) suggest, advocate for, support, or otherwise 
communicate that essential services should be with-
held, delayed, or diminished as a form of job action 
or protest. 
This Act shall not be construed to preempt, preclude, or 
supersede section 1979 of the Revised Statutes (42 U.S.C. 
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