H.R. 140House118th Congress (2023-2025)Passed House

Protecting Speech from Government Interference Act

Introduced January 9, 2023

AI-Generated Summary

Updated January 20, 2026 at 1:51 AM UTC

The Protecting Speech from Government Interference Act adds a new subchapter to Title 5 that bars federal employees from using their official role to censor or pressure private parties to suppress speech protected by the First Amendment. It permits censorship actions only when tied to legitimate law‑enforcement functions and requires advance reporting to Congress, with exceptions for urgent child‑exploitation, trafficking, drug, or national‑security matters. The law sets disciplinary and civil penalties for violations, mandates annual training, and requires regular compliance reporting.

Key Provisions

  • Federal employees may not use their official authority, position, uniform, government vehicle, or government information systems to censor or pressure private entities to remove or suppress lawful speech on interactive computer services.
  • The rule allows employees to act against unlawful speech as part of legitimate law‑enforcement duties, but such actions must be reported to Congress (and the Office of Special Counsel) 72 hours before the action, except for certain urgent national‑security or child‑exploitation cases.
  • Violations can result in disciplinary actions (removal, demotion, suspension, or debarment up to 10 years) and civil penalties of up to $1,000, or $50,000 for senior officials and White House staff.
  • Agencies must provide mandatory annual training on the new censorship prohibition and the Attorney General must submit a compliance report to Congress within 240 days of enactment and annually thereafter.
  • The bill adds definitions for “censor,” “lawful speech,” and “interactive computer service,” and clarifies that the prohibition does not stop agencies from enforcing lawful regulations or communicating official policy.

Legislative Activity

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44 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

March 14, 2023

View full timeline
HouseIntro Referral

Introduced in House

January 9, 2023

HouseIntro Referral

Referred to the House Committee on Oversight and Accountability.

January 9, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held.

February 28, 2023

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 24 - 20.

February 28, 2023

HouseCommittee

Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-5.

March 2, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 2.

March 2, 2023

HouseFloor

Rules Committee Resolution H. Res. 199 Reported to House. Rule provides for consideration of H.R. 140, H.J. Res. 27 and S. 619. The resolution provides for consideration of H.R. 140, under a structured rule. The resolution provides for consideration of H.J.Res. 27 and S. 619, under closed rules. General debate is limited to one hour of debate on all measures.

March 7, 2023 • 8:34 PM

HouseFloor

Considered under the provisions of rule H. Res. 199. (consideration: CR H1180-1194; text: CR H1185-1186)

March 8, 2023 • 3:14 PM

HouseFloor

Rule provides for consideration of H.R. 140, H.J. Res. 27 and S. 619. The resolution provides for consideration of H.R. 140, under a structured rule. The resolution provides for consideration of H.J.Res. 27 and S. 619, under closed rules. General debate is limited to one hour of debate on all measures.

March 8, 2023 • 3:14 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 199 and Rule XVIII.

March 8, 2023 • 3:15 PM

HouseFloor

The Speaker designated the Honorable Mike Flood to act as Chairman of the Committee.

March 8, 2023 • 3:15 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 140.

March 8, 2023 • 3:15 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Clyde amendment No. 1.

March 8, 2023 • 4:09 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Comer amendment No. 2.

March 8, 2023 • 4:19 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Bishop (NC) amendment No. 3.

March 8, 2023 • 4:27 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No.4.

March 8, 2023 • 4:40 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Fitzpatrick demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

March 8, 2023 • 4:46 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 5.

March 8, 2023 • 4:49 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 6.

March 8, 2023 • 4:57 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee amendment No. 6, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

March 8, 2023 • 5:04 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 7.

March 8, 2023 • 5:07 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 199, the Committee of the Whole proceeded with 10 minutes of debate on the Ogles amendment No. 8.

March 8, 2023 • 5:13 PM

HouseFloor

Mr. Comer moved that the Committee rise.

March 8, 2023 • 5:18 PM

HouseFloor

On motion that the Committee rise Agreed to by voice vote.

March 8, 2023 • 5:19 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 140 as unfinished business.

March 8, 2023 • 5:19 PM

HouseFloor

Considered as unfinished business. (consideration: CR H1196-1198)

March 8, 2023 • 6:10 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

March 8, 2023 • 6:10 PM

HouseFloor

Mr. Comer moved that the committee rise.

March 8, 2023 • 6:22 PM

HouseFloor

On motion that the committee rise Agreed to by voice vote.

March 8, 2023 • 6:22 PM

HouseFloor

Considered as unfinished business. (consideration: CR H1219-1221)

March 9, 2023 • 12:12 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

March 9, 2023 • 12:12 PM

HouseFloor

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.

March 9, 2023 • 12:14 PM

HouseFloor

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.

March 9, 2023 • 12:25 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 140.

March 9, 2023 • 12:34 PM

HouseFloor

The previous question was ordered pursuant to the rule.

March 9, 2023 • 12:34 PM

HouseFloor

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.

March 9, 2023 • 12:35 PM

HouseFloor

Mr. Landsman moved to recommit to the Committee on Oversight and Accountability. (text: CR H1221)

March 9, 2023 • 12:36 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

March 9, 2023 • 12:37 PM

HouseFloor

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.

March 9, 2023 • 12:38 PM

HouseFloor

Considered as unfinished business. (consideration: CR H1230-1232)

March 9, 2023 • 4:00 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 204 - 218 (Roll no. 140).

March 9, 2023 • 4:32 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 206 (Roll no. 141).

March 9, 2023 • 4:40 PM

HouseFloor

On passage Passed by the Yeas and Nays: 219 - 206 (Roll no. 141).

March 9, 2023 • 4:40 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 9, 2023 • 4:41 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

March 14, 2023

Floor Debate

23 members

What members said about H.R. 140 on the floor

14 Republicans9 Democrats
Daniel S. Goldman
Rep. Daniel S. GoldmanD-NY-10 · Mar 8, 2023

Mr. Speaker, I yield myself such time as I may consume. This bill purports to protect free speech from government censorship. I agree, it is a great idea. It is such a good idea, in fact, that the…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Mar 8, 2023

Madam Speaker, I yield myself such time as I may consume. Last night, the Rules Committee met and reported out a rule for three bills. First, let me just say, this is an awful rule; and I don't want…

Thomas Massie
Rep. Thomas MassieR-KY-4 · Mar 8, 2023

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 199 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

James Comer
Rep. James ComerR-KY-1 · Mar 8, 2023

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and insert extraneous material on H.R. 140. Mr. Chair, I yield myself such time as I…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 8, 2023

How grateful I am to be on the floor with the distinguished gentleman from New York and, of course, our distinguished ranking member, who has really laid out the parameters of this legislation. I…

Show 8 more
Melanie A. Stansbury
Rep. Melanie A. StansburyD-NM-1 · Mar 9, 2023

Mr. Chair, I rise in opposition to the amendment. Mr. Chair, I rise in opposition to this amendment, which is, as the gentleman has described, a simple training requirement to ensure that this act is…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Mar 8, 2023

Mr. Chairman, I thank the distinguished gentleman from New York for his excellent leadership on this bill today on the floor. The distinguished gentlewoman from Colorado posed a question that I have…

John W. Rose
Rep. John W. RoseR-TN-6 · Mar 9, 2023

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in support of my amendment designated as Amendment No. 9 to H.R. 140, the…

Scott Perry
Rep. Scott PerryR-PA-10 · Mar 8, 2023

Mr. Chair, as the designee of Congresswoman Virginia Foxx, I have an amendment at the desk. Mr. Chair, I yield myself such time as I may consume. Mr. Chair, I rise to offer Dr. Foxx' amendment to…

Dan Bishop
Rep. Dan BishopR-NC-8 · Mar 8, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chair, I am grateful that the chairman and lead sponsor will, I anticipate, lend his support to this amendment. It will close a loophole that would…

Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · Mar 8, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chair, I rise today to speak in support of my amendment to the Protecting Free Speech from Government Interference Act. As we all know, the First…

Glenn Grothman
Rep. Glenn GrothmanR-WI-6 · Mar 8, 2023

Mr. Chair, I also rise to speak in favor of H.R. 140, the Protecting Speech from Government Interference Act. It is unfortunate that this bill is necessary today. We all know why it is necessary. In…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Mar 8, 2023

Madam Speaker, I rise in support of the rule, which provides consideration for three important pieces of legislation to restore trust and certainty for millions of Americans. Specifically, I will…

Show 11 more
Mary Sattler Peltola
Rep. Mary Sattler PeltolaD-AK · Mar 8, 2023

Madam Speaker, with enactment of the Social Security Act in 1935, this country promised Americans that if they worked hard and contributed to the program to support others, when they retire or become…

Andrew Ogles
Rep. Andrew OglesR-TN-5 · Mar 8, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chairman, accountability matters. Our Nation deserves nothing less than full transparency from Federal officials working in the name of the American…

Lauren Boebert
Rep. Lauren BoebertR-CO-3 · Mar 8, 2023

Mr. Chairman, free speech is under attack here in America, the free United States of America. Putin is a thug, yes. China is a threat. But nothing--and I mean nothing--will bring America to its knees…

Greg Landsman
Rep. Greg LandsmanD-OH-1 · Mar 8, 2023

Mr. Chairman, I rise today to ensure that this debate is placed in an honest and important historical context. In the 1930s and early 1940s, Hitler needed America out of his war. He used propaganda…

Bob Good
Rep. Bob GoodR-VA-5 · Mar 8, 2023

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, this amendment would add to the rule of construction a clarification that law enforcement can still enforce current law regarding…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Mar 9, 2023

Mr. Chair, I rise in opposition to H.R. 140, the Protecting Speech front Government Interference Act. Americans know that if they see something, they should say something. Yet Republicans are…

Chip Roy
Rep. Chip RoyR-TX-21 · Mar 8, 2023

Madam Speaker, I thank the gentleman from Kentucky for yielding me time. I thank our colleagues on the other side of the aisle for working with us on that unanimous consent, which I think is…

Chuck Edwards
Rep. Chuck EdwardsR-NC-11 · Mar 8, 2023

Mr. Chairman, I rise today in support of H.R. 140, Protecting Speech from Government Interference Act, and I applaud and appreciate Chairman Comer bringing this bill forward. In a recent hearing held…

Russell Fry
Rep. Russell FryR-SC-7 · Mar 8, 2023

Mr. Chair, I rise in strong support of H.R. 140, Protecting Speech from Government Interference Act. I thank Chairman Comer for his leadership and work to bring this issue to the floor, and I…

Lois Frankel
Rep. Lois FrankelD-FL-22 · Mar 8, 2023

Mr. Chairman, my, my, my. If you want to talk about protecting speech from government interference, let's talk about my home State of Florida because nowhere in this country is free speech more…

John W. Rose
Rep. John W. RoseR-TN-6 · Mar 8, 2023

Mr. Chairman, free speech is the cornerstone of a free and thriving society. Unfortunately, recent revelations made in the Twitter files show that free speech under the First Amendment is under…

Bill Text

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Referred in SenateIssued March 14, 2023

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:

.

(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.