[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7398 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7398

 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.


_______________________________________________________________________


                    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.

    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 ``Public Safety Free Speech Act''.

SEC. 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.

SEC. 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.
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