I 
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) in-
troduced the following bill; which was referred to the Committee on Over-
sight 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 Representa-
tives 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’’. 
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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 speech, nor advocate that a third party, includ-
ing 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 or in-
fluence to advocate that any third party, including 
a private entity, take any action to censor any 
speech; 
‘‘(2) knowingly censor or discourage the exer-
cise of speech of any person who— 
‘‘(A) has an application for any compensa-
tion, grant, contract, ruling, license, permit, or 
certificate pending before the employing office 
of such employee; or 
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‘‘(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 instrumen-
tality thereof; 
‘‘(C) while wearing a uniform or official in-
signia 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 discour-
age 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. 
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‘‘(2) FURTHER
RESTRICTED
EMPLOYEE
DE-
SCRIBED.—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 appro-
priation for the Executive Office of the 
President; or 
‘‘(ii) an employee appointed by the 
President, by and with the advice and con-
sent of the Senate, whose position is lo-
cated within the United States, who deter-
mines policies to be pursued by the United 
States in relations with foreign powers or 
in the nationwide administration of Fed-
eral laws. 
‘‘(c) EXCEPTIONS.—Nothing in this Act shall be con-
strued to prohibit an employee from engaging in lawful 
actions within the official authority of such employee for 
the purpose of exercising legitimate law enforcement func-
tions directly related to activities to combat child pornog-
raphy, human trafficking, or the illegal transporting of or 
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transacting in controlled substances and safeguarding, or 
preventing, the unlawful dissemination of properly classi-
fied national security information. 
‘‘(d) PENALTIES.—An employee who violates this sec-
tion shall be subject to— 
‘‘(1) disciplinary action consisting of removal, 
reduction in grade, debarment from Federal employ-
ment for a period not to exceed 5 years, suspension, 
or reprimand; 
‘‘(2) an assessment of a civil penalty not to ex-
ceed $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 or-
dering 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, infor-
mation, or other alert to such speech being ex-
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pressed on any platform (including an inter-
active computer service); or 
‘‘(C) the removal or restriction of access of 
any person on any platform (including an inter-
active 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 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. 
Æ 
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