Protecting Speech from Government Interference Act
This bill generally prohibits federal employees from censoring the speech of others while acting in an official capacity.
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.
Employees are subject to disciplinary action, civil penalties, or both for violations.
The bill defines censor or censorship 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).
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 140 Introduced in House (IH)]
<DOC>
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)
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.
Be it enacted by the Senate and House of Representatives 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''.
SEC. 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:
``SUBCHAPTER VIII--PROHIBITION ON FEDERAL EMPLOYEE CENSORSHIP
``Sec. 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.
``Sec. 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.
<all>
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Mr. Comer moved that the committee rise.
On motion that the committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 140 as unfinished business.
Considered as unfinished business. (consideration: CR H1219-1221)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
DEBATE - Pursuant to the provisions of H. Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Rose amendment No. 9.
DEBATE - Pursuant to the provisions of H. Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Rose amendment No. 10.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 140.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
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Mr. Landsman moved to recommit to the Committee on Oversight and Accountability. (text: CR H1221)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 140, the Chair put the question on the motion to recommit the bill and by voice vote announced that the noes had prevailed. Mr. Landsman demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit until a time to be announced.
Considered as unfinished business. (consideration: CR H1230-1232)
On motion to recommit Failed by the Yeas and Nays: 204 - 218 (Roll no. 140).
Roll Call #140 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 206 (Roll no. 141).
Roll Call #141 (House)On passage Passed by the Yeas and Nays: 219 - 206 (Roll no. 141).
Roll Call #141 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.