I 118th CONGRESS 2d Session H. R. 7398 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.

1. Short title This Act may be cited as the Public Safety Free Speech Act . 2. Definitions In this Act: (1) Covered employee The term covered employee means— (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 services or emergency medical services; or (C) a Federal firefighter described in section 8331(21) or 8401(14) of title 5, United States Code. (2) Employer The term employer means— (A) a law enforcement agency, fire department, fire district, or emergency medical services agency which employs a covered employee on either a full-time or part-time basis; or (B) a county, township, village, city, municipality, 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 information The term personally identifiable information means information— (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. 3. Cause of action for violating the right to free speech (a) In general Notwithstanding any other provision of law, a covered employee may bring an action against an employer if the employer engages in termination or any adverse employment action against the employee 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 (6) political and religious opinions. (b) Relief A plaintiff that prevails in an action under subsection (a) may receive actual damages, compensatory 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 favoritism when discharging their professional duties; (4) intentionally disclose confidential or personally identifiable information pertaining to specific individuals 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 withheld, 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. 1983 ) or any State law that provides a cause of action for deprivation of rights under color of law.