[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Page S1238]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4521. Mr. LUJAN submitted an amendment intended to be proposed by 
him to the bill S. 1383, to establish the Veterans Advisory Committee 
on Equal Access, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. BROADCAST FREEDOM AND INDEPENDENCE.

       (a) Findings.--Congress finds the following:
       (1) The Federal Communications Commission (in this section 
     referred to as the ``FCC'') was established as an independent 
     agency by the Communications Act of 1934 (47 U.S.C. 151 et 
     seq.) for the purpose of ``regulating interstate and foreign 
     commerce in communication by wire and radio so as to make 
     available, so far as possible, to all the people of the 
     United States, without discrimination on the basis of race, 
     color, religion, national origin, or sex, a rapid, efficient, 
     Nation-wide, and world-wide wire and radio communication 
     service with adequate facilities at reasonable charges. . 
     .''.
       (2) Commissioners at the FCC, an independent agency, are 
     confirmed by Congress for specified terms and the President 
     does not have the power to remove them at will.
       (3) The independence of the FCC is paramount to the FCC 
     carrying out its mission without political pressure or 
     intimidation.
       (4) The FCC's priorities and agenda must be set by the FCC 
     without undue influence from the President or any advisors to 
     the President who do not work for the FCC.
       (5) As established in section 326 of the Communications Act 
     of 1934 (47 U.S.C. 326), nothing in the FCC's authority 
     ``shall be understood or construed to give the Commission the 
     power of censorship over the radio communications or signals 
     transmitted by any radio station, and no regulation or 
     condition shall be promulgated or fixed by the Commission 
     which shall interfere with the right of free speech by means 
     of radio communication''.
       (6) Investigations and threats of Commission action or 
     inaction must not be used to suppress certain viewpoints or 
     intimidate broadcast licensees into aligning with any 
     political agenda.
       (b) Viewpoint Protection.--Title I of the Communications 
     Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 14. VIEWPOINT PROTECTION.

       ``(a) Prohibition Against Retaliation on Basis of 
     Viewpoint.--The Commission may not revoke any license or 
     other authorization of, or otherwise take action against, any 
     person on the basis, in whole or in part, of viewpoints 
     broadcast or otherwise disseminated by that person or any 
     person affiliated with that person.
       ``(b) Prohibition Against Conditions on Viewpoint in 
     Transaction Review.--The Commission may not place on any 
     approval under subsections (a), (b), and (c) of section 214 
     or section 310(d) any condition with respect to viewpoints 
     broadcast or otherwise disseminated by the person seeking 
     that approval, any successor of that person, or any person 
     affiliated with that person or successor.
       ``(c) No Effect on Certain Other Authority of Commission.--
     Nothing in this section shall be construed to affect the 
     authority of the Commission to take action on the basis of, 
     or to place a condition on an approval described in 
     subsection (b) with respect to--
       ``(1) a violation of--
       ``(A) section 1304 of title 18, United States Code, or 
     conduct that would constitute a violation of that section if 
     content disseminated by means other than radio or television 
     broadcast were disseminated by means of radio or television 
     broadcast;
       ``(B) section 1343 of title 18, United States Code; or
       ``(C) section 1464 of title 18, United States Code, or 
     conduct that would constitute a violation of that section if 
     content disseminated by means other than radio communication 
     were disseminated by means of radio communication; or
       ``(2) the broadcast or other dissemination of content that 
     constitutes incitement under the First Amendment to the 
     Constitution of the United States.''.
                                 ______