119-s1247

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1247 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1247

 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 SENATE OF THE UNITED STATES

 April 2, 2025

 Mr. Schmitt introduced the following bill; which was read twice and 
 referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

 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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