H.R. 140 — what changed

“VIII Prohibition on Federal employee censorship

“7381. Policy regarding Federal employee censorship

changed “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—

changed “(1) use the employee’s employee's official authority or influence to advocate that censor any third party, including a private entity, take any action to censor any speech;including outside of normal duty hours and while such employee is away from the employee’s normal duty post; or

changed “(2) knowingly censor or discourage the exercise of speech engage in censorship of any person who—a private entity—

removed “(A) has an application for any compensation, grant, contract, ruling, license, permit, or certificate pending before the employing office of such employee; or

removed “(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

removed “(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;

added “(C) while wearing a uniform or official insignia identifying the office or position of the employee;

added “(D) while using any vehicle owned or leased by the Government of the United States or any agency or instrumentality thereof; or

added “(E) while using any information system or information technology (as defined under section 11101 of title 40).

changed “(C) while wearing a uniform or official insignia identifying the office or position of the employee; or“(b) Exceptions for law enforcement functions and reporting requirements

changed “(D) using any vehicle owned or leased by “(1) In general—Nothing in this section shall be construed to prohibit an employee from engaging in lawful actions within the Government official authority of such employee for the United States or any agency or instrumentality thereof.purpose of exercising legitimate law enforcement functions, including activities to—

changed “(b) Further restricted employees“(A) combat child pornography and exploitation, human trafficking, or the illegal transporting of or transacting in controlled substances; and

changed “(1) In general—An employee described in paragraph (2) may not knowingly censor “(B) safeguarding, or discourage preventing, the exercise of speech unlawful dissemination of a person at any time, including outside normal duty hours and while such employee is away from their normal duty post.properly classified national security information.

changed “(2) Further restricted employee described—The provisions of paragraph (1) shall apply to any employee—Reporting

changed “(A) whose duties and responsibilities 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 employee’s position continue outside normal duty hours head of the agency that employs the employee shall submit, to the Office of Special Counsel and while away from the normal duty post; andchair and ranking member of the committees of Congress described under subparagraph (B), a report that includes—

changed “(B) who is—“(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;

changed “(i) an employee paid from an appropriation for “(ii) the Executive Office name of the President; orentity which the action is being requested of;

changed “(ii) an employee appointed by the President, by and with “(iii) the advice person and consent of the Senate, whose position is located within the United States, who determines policies to be pursued entity targeted by the United States in relations with foreign powers censorship action, including the associated name or in number of any account used or maintained by the nationwide administration entity and a description of Federal laws.the specific speech content targeted;

changed “(c) Exceptions—Nothing in this Act shall be construed to prohibit an employee from engaging in lawful actions within “(iv) the official agency’s legal authority of such employee for the purpose of exercising legitimate the 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.function;

changed “(d) Penalties—An “(v) the agency employee who violates this section shall be subject to—or employees involved in the censorship action, including their position and any direct supervisor;

changed “(1) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for “(vi) a period not to exceed 5 years, suspension, list of other agencies that have been involved, consulted, or reprimand;communicated with in coordination with the censorship action; and

changed “(2) an assessment of “(vii) a civil penalty not to exceed $10,000; orclassified annex, if the agency head deems it appropriate.

changed “(3) any combination “(B) Committees—The committees of the penalties Congress described in paragraph (1) or (2).under this subparagraph are the following:

changed “(e) Enforcement—This section shall be enforced in “(i) The Committee on Oversight and Accountability, the same manner as subchapter III Committee on the Judiciary, and the Committee on Energy and Commerce of this chapter.the House of Representatives; and

changed “(f) Definitions—In this subchapter—“(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.

changed “(1) “(C) Clarification of Office of Special Counsel reporting requirements—The reporting requirements in this paragraph do not apply to the term censor or censorship means ordering or advocating for—Office of Special Counsel’s advisory and enforcement functions under subchapter II of chapter 12.

changed “(A) the removal or suppression of lawful speech, in whole or in part, from or on any platform (including an interactive computer service);“(c) Penalties

changed “(B) the addition of any disclaimer, information, or other alert to such speech being expressed on any platform (including an interactive computer service); or“(1) In general—An employee who violates this section shall be subject to—

changed “(C) the removal or restriction of access “(A) disciplinary action consisting of any person on any platform (including an interactive computer service) generally available to the public, unless such person is engaged removal, reduction in criminal activities;grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand;

changed “(2) the term employee has the meaning given that term in section 7322; and“(B) an assessment of a civil penalty not to exceed $1,000; or

changed “(3) the term interactive computer service has the meaning given that term in section 230(f) “(C) any combination of the Communications Act of 1934 (47 U.S.C. 230(f)).”penalties described in subparagraph (A) or (B).

added “(2) Application to senior Government officials—Paragraph (1)(B) shall be applied by substituting “$10,000” for “$1,000” for any employee who is—

added “(A) paid from an appropriation for the White House Office; or

added “(B) appointed by the President, by and with the advice and consent of the Senate;

added “(d) Enforcement—This section shall be enforced in the same manner as subchapter III of this chapter.

added “(e) Definitions—In this subchapter—

added “(1) the term censor or censorship means influencing or coercing, or directing another to influence or coerce, for—

added “(A) the removal or suppression of lawful speech, in whole or in part, from or on any interactive computer service;

added “(B) the addition of any disclaimer, information, or other alert to lawful speech being expressed on an interactive computer service; or

added “(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;

added “(2) the term employee has the meaning given that term in section 7322;

added “(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

added “(4) the term “lawful speech” means speech protected by the First Amendment of the Constitution.”

added “(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;”