Protecting Speech from Government Interference Act

Bill: 118-hr-140
Sponsor: full_name: Rep. Comer, James [R-KY-1]
Introduced: 2023-01-09
Policy area: Government Operations and Politics
Subjects: Employment discrimination and employee rights

First Amendment rights

Government employee pay, benefits, personnel management

Internet, web applications, social media
Latest action: action_date: 2023-03-14
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2023-01-09
action_desc: Introduced in House
text: <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 influence or advocate for a third party, including a private entity, to censor speech; (2) censoring the speech of any person who has a pending regulatory application with, or is the subject of or a participant in an active enforcement action by, the employee's office; or (3) engaging in censorship while on duty, wearing a uniform, or using official government property. Certain presidential appointees may not censor speech at any time, including outside normal duty hours. </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 include ordering or advocating for the removal of lawful speech, the addition of disclaimers, or the restriction of access with respect to any platform (e.g., social media).</p>

action_date: 2023-03-02
action_desc: Reported to House
text: <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>

action_date: 2023-03-09
action_desc: Passed House
text: <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>

tv_txt: I 118th CONGRESS 1st Session H. R. 140 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.

1. Short title This Act may be cited as the Protecting Speech from Government Interference Act . 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: VIII Prohibition on Federal employee censorship 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. 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.

tv_txt: IB Union Calendar No. 2 118th CONGRESS 1st Session H. R. 140 [Report No. 118–5] 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 March 2, 2023 Additional sponsors: Mr. Grothman , Mr. Biggs , Mr. Langworthy , Ms. Mace , Mrs. Luna , Mr. Burchett , Mr. Higgins of Louisiana , Mr. Sessions , Mr. Edwards , Mr. LaTurner , Mr. Gosar , Mr. Fry , Mrs. McClain , and Ms. Greene of Georgia March 2, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on January 9, 2023 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.

1. Short title This Act may be cited as the Protecting Speech from Government Interference Act . 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: VIII Prohibition on Federal employee censorship 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 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 normal 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 instrumentality thereof; (C) while wearing a uniform or official insignia 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 functions and reporting requirements (1) In general Nothing in this section 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, including activities to— (A) combat child pornography and exploitation, human trafficking, or the illegal transporting of or transacting in controlled substances; and (B) safeguarding, or preventing, the unlawful dissemination of properly classified national security information. (2) Reporting (A) In general Not later than 72 hours before an employee exercises a legitimate law enforcement function to take any action to censor any lawful speech (in this paragraph referred to as a censorship action ), but not including any such action relating to activities described under subparagraph (A) or (B) of paragraph (1), the head of the agency that employs the employee shall submit, to the Office of Special 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 actions, 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 associated name or number of any account used or maintained by the entity and a description of the specific speech content targeted; (iv) the agency’s legal authority for exercising the law enforcement function; (v) the agency employee or employees involved in the censorship action, including their position and any direct supervisor; (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 Judiciary, and the Committee on Energy and Commerce of the House of Representatives; and (ii) The Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Commerce, Science, and Transportation of the Senate. (C) Clarification of Office of Special Counsel reporting requirements The reporting requirements in this paragraph do not apply to the Office of Special Counsel’s advisory and enforcement functions under subchapter II of chapter 12. (c) Penalties (1) In general An employee who violates this section shall be subject to— (A) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand; (B) an assessment of a civil penalty not to exceed $1,000; or (C) any combination of the penalties described in subparagraph (A) or (B). (2) Application to senior Government officials Paragraph (1)(B) shall be applied by substituting $10,000 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 This section shall be enforced in the same manner as subchapter III of this chapter. (e) Definitions In this subchapter— (1) the term censor or censorship means influencing or coercing, or directing another to influence or coerce, for— (A) the removal or suppression of lawful speech, in whole or in part, from or on any interactive computer service; (B) the addition of any disclaimer, information, or other alert to lawful speech being expressed on an interactive computer service; or (C) the removal or restriction of access of any person or entity on an interactive computer service generally available to the public, unless such person or entity is engaged in unlawful speech or criminal activities on such service; (2) the term employee has the meaning given that term in section 7322; (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) ); and (4) the term lawful speech means speech protected by the First Amendment of the Constitution. . (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 jurisdiction 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, respectively, 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 enforce a Federal law or regulation, 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 affairs 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 unconstitutional, the remainder of this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.

March 2, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IIB 118th CONGRESS 1st Session H. R. 140 IN THE SENATE OF THE UNITED STATES March 14, 2023 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT 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.

1. Short title This Act may be cited as the Protecting Speech from Government Interference Act . 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: VIII Prohibition on Federal employee censorship 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 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 normal 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 instrumentality thereof; (C) while wearing a uniform or official insignia 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 functions and reporting requirements (1) In general Nothing in this section shall be construed to prohibit an employee from engaging 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 censorship action ), and consistent with subparagraph (D), the head of the agency that employs the employee shall submit, to the Office of Special 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 actions, 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 associated name or number of any account used or maintained by the entity and a description of the specific speech content targeted; (iv) the agency’s legal authority for exercising the law enforcement function; (v) the agency employee or employees involved in the censorship action, including their position and any direct supervisor; (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 Judiciary, the Permanent Select Committee on Intelligence, and the Committee on Energy and Commerce of the House of Representatives. (ii) The Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, Select Committee on Intelligence, and the Committee on Commerce, Science, and Transportation of the Senate. (C) Clarification of Office of Special Counsel reporting requirements The reporting requirements in this paragraph do not apply to the Office of Special Counsel’s advisory and enforcement functions under subchapter II of chapter 12. (D) Reporting requirements for certain actions (i) Any censorship action relating to combating child pornography and exploitation, human trafficking, or the illegal transporting of or transacting in controlled substances shall be exempt from the reporting requirement under this paragraph. (ii) With respect to any censorship action related to safeguarding, or preventing the unlawful dissemination of, properly classified national security information, 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 removal, 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 described 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 paragraph (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 Special 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 consultation 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 compliance 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 training on this section and the requirements of this section to each agency employee. (g) Definitions In this subchapter— (1) the term censor or censorship means influencing or coercing, or directing another to influence or coerce, for— (A) the removal or suppression of lawful speech, in whole or in part, from or on any interactive computer service; (B) the addition of any disclaimer, information, or other alert to lawful speech being expressed on an interactive computer service; or (C) the removal or restriction of access of any person or entity on an interactive computer service generally available to the public, unless such person or entity is engaged in unlawful speech or criminal activities on such service; (2) the term employee has the meaning given that term in section 7322; (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) ); (4) the term lawful speech means speech protected by the First Amendment of the Constitution; and (5) the term unlawful speech means speech not protected by the First Amendment of the Constitution. . (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 jurisdiction 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, respectively, 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 enforce 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 affairs 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 unconstitutional, the remainder of this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding. 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 investigations 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. Cheryl L. Johnson, Clerk.

tv_txt: IB 118th CONGRESS 1st Session H. R. 140 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Protecting Speech from Government Interference Act . 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: VIII Prohibition on Federal employee censorship 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 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 normal 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 instrumentality thereof; (C) while wearing a uniform or official insignia 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 functions and reporting requirements (1) In general Nothing in this section shall be construed to prohibit an employee from engaging 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 censorship action ), and consistent with subparagraph (D), the head of the agency that employs the employee shall submit, to the Office of Special 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 actions, 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 associated name or number of any account used or maintained by the entity and a description of the specific speech content targeted; (iv) the agency’s legal authority for exercising the law enforcement function; (v) the agency employee or employees involved in the censorship action, including their position and any direct supervisor; (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 Judiciary, the Permanent Select Committee on Intelligence, and the Committee on Energy and Commerce of the House of Representatives. (ii) The Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, Select Committee on Intelligence, and the Committee on Commerce, Science, and Transportation of the Senate. (C) Clarification of Office of Special Counsel reporting requirements The reporting requirements in this paragraph do not apply to the Office of Special Counsel’s advisory and enforcement functions under subchapter II of chapter 12. (D) Reporting requirements for certain actions (i) Any censorship action relating to combating child pornography and exploitation, human trafficking, or the illegal transporting of or transacting in controlled substances shall be exempt from the reporting requirement under this paragraph. (ii) With respect to any censorship action related to safeguarding, or preventing the unlawful dissemination of, properly classified national security information, 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 removal, 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 described 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 paragraph (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 Special 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 consultation 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 compliance 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 training on this section and the requirements of this section to each agency employee. (g) Definitions In this subchapter— (1) the term censor or censorship means influencing or coercing, or directing another to influence or coerce, for— (A) the removal or suppression of lawful speech, in whole or in part, from or on any interactive computer service; (B) the addition of any disclaimer, information, or other alert to lawful speech being expressed on an interactive computer service; or (C) the removal or restriction of access of any person or entity on an interactive computer service generally available to the public, unless such person or entity is engaged in unlawful speech or criminal activities on such service; (2) the term employee has the meaning given that term in section 7322; (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) ); (4) the term lawful speech means speech protected by the First Amendment of the Constitution; and (5) the term unlawful speech means speech not protected by the First Amendment of the Constitution. . (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 jurisdiction 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, respectively, 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 enforce 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 affairs 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 unconstitutional, the remainder of this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding. 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 investigations 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. Cheryl L. Johnson, Clerk.