TRUTHFULNESS IN PUBLIC COMMUNICATION ACT
AN ACT
To establish standards of truthfulness for public officials, ensuring accountability and fostering public trust through the creation of the Public Integrity Commission (PIC).
SECTION 1. SHORT TITLE
This Act may be cited as the "Truthfulness in Public Communication Act."
SECTION 2. FINDINGS AND PURPOSE
(a) Findings
Congress finds that:
- (1) The public's trust in its government depends on truthful and transparent communication from public officials.
- (2) Public officials have a unique responsibility to communicate truthfully, with access to extensive resources, privileged information, and a platform that can significantly influence public opinion and decision-making.
- (3) The legal profession imposes strict requirements on lawyers, such as Rule 3.3 of the American Bar Association’s Model Rules of Professional Conduct, which prohibits lawyers from knowingly making false statements to the court. Public officials similarly owe a duty of truthfulness to the public.
- (4) Existing mechanisms of accountability have proven insufficient to ensure consistent truthfulness in public communications from government officials.
- (5) Reliance on the public to identify falsehoods in government officials’ statements places an undue burden on citizens, who often lack the resources or expertise to verify the accuracy of such communications.
- (6) Government officials, by virtue of their access to information and resources, are uniquely positioned to ensure the accuracy of their communications.
- (7) In today’s complex information landscape, where misinformation campaigns and cyberattacks threaten public trust and security, it is critical that government officials serve as a source of truth rather than contribute to the spread of falsehoods.
- (8) When officials fail to meet this responsibility, an independent mechanism is necessary to identify and correct false information, thereby protecting the public and rebuilding trust in government institutions.
(b) Purpose
The purpose of this Act is to:
- (1) Ensure that the public can rely on accurate and truthful information from public officials, recognizing that a well-informed public is fundamental to the functioning of a healthy democracy.
- (2) Establish a duty of truthfulness for public officials comparable to the ethical duties of lawyers to the court, as exemplified by Rule 3.3 of the ABA Model Rules and similar state bar rules.
- (3) Create the Public Integrity Commission (PIC) to investigate and evaluate the truthfulness of statements made by public officials, focusing on corrective measures to address inaccuracies and promote future compliance.
- (4) Recognize that the First Amendment protects individual expression but does not extend to false or misleading conduct by public officials in the performance of their duties, as such conduct undermines public trust and democratic processes.
- (5) Support training, procedures, and resources to equip public officials with the tools needed to communicate effectively and truthfully, thereby fostering trust and accountability without emphasizing blame or punishment.
SECTION 3. DEFINITIONS
(a) Public Official
Refers to any individual elected, appointed, or employed in a role defined by the U.S. Constitution, federal law, state constitutions, or state law. This includes, but is not limited to, the President, members of Congress, federal and state judges, agency heads, state governors, members of state legislatures, and officials in executive, legislative, or judicial positions at the federal or state level.
(b) Public Communication
Refers to any statement, address, or communication by a public official intended to reach or influence the public, including speeches, press releases, public statements, social media posts, media appearances, and official reports.
(c) False Communication
Refers to statements made by a public official in the performance of their duties, including statements made knowingly, recklessly, or unintentionally, that meet one or more of the following criteria:
- (1) Materially False:
- (A) A statement containing factual inaccuracies about objectively verifiable information, such as misrepresenting data, events, or conditions that can be confirmed as untrue based on credible evidence.
- (2) Materially Misleading:
- (A) A statement or omission that, while not explicitly false, is presented in a manner that creates a false impression or misrepresents the facts in a way likely to significantly alter public understanding of a matter of public concern.
- (B) A statement is materially misleading if it:
- (i) Omits key facts necessary for context, resulting in a deceptive portrayal of the situation.
- (ii) Uses ambiguous language or phrasing intended to obscure the truth or lead to incorrect conclusions.
- (3) Materiality Standard:
- (A) A communication is considered "material" if it has the potential to influence public decision-making, public trust in government, or the execution of public duties in a significant manner. Trivial or inconsequential inaccuracies are not deemed material.
SECTION 4. DUTY OF TRUTHFULNESS
(a) Duty Established
All public officials have a duty to communicate truthfully with the public. This duty parallels the obligation of candor owed by lawyers to the courts, as outlined in Rule 3.3 of the American Bar Association's Model Rules of Professional Conduct. Public officials must uphold honesty and accuracy in all public statements to maintain public trust, ensure transparency, and support informed decision-making by the populace.
(b) Guidelines for Truthful Communication
- (1) Prohibition of False Statements: A public official shall not knowingly or recklessly:
- (A) Make a materially false statement of fact, policy, or law in any public communication.
- (B) Fail to correct a materially false statement previously made when the official becomes aware of its falsity.
- (2) Disclosure Obligations: Public officials must disclose material facts within their knowledge when omitting such facts would render their statements misleading or incomplete, particularly on issues affecting public safety, policy, or governance.
- (3) Remedial Measures for Falsehoods: If a public official discovers that they have issued a materially false or misleading statement, they must:
- (A) Promptly issue a clear public correction, identifying the original falsehood and rectifying the misinformation.
- (B) Notify the Public Integrity Commission (PIC) of the corrective action taken, but only if:
- (i) The PIC has formally notified the public official regarding the false or misleading statement, or
- (ii) The PIC is already investigating or monitoring the statement in question.
- (C) In cases where the public official identifies and corrects the falsehood independently and without prior involvement from the PIC, no notification to the PIC is required.
- (4) Prohibition on False Evidence: Public officials must not present or rely on knowingly false data, reports, or evidence in any public communication.
- (5) Application to Public Campaigns: These standards apply equally to candidates for public office, reflecting the principle that individuals seeking public trust must adhere to the same ethical and truthfulness requirements they would face upon assuming office. Falsehoods disseminated through campaign speeches, advertisements, debates, or other forms of communication are subject to these provisions, ensuring that candidates uphold the integrity essential to democratic processes.
(c) Violations and Enforcement
- (1) Unintentional False Statements
- (A) If the PIC determines that a public official unintentionally made a materially false statement, the official must issue a public correction promptly, as outlined in Section (b)(3).
- (2) Knowing or Reckless False Statements
- (A) If the PIC determines that a public official knowingly or recklessly made a materially false statement, the official must issue a public correction and may face additional sanctions for noncompliance.
- (3) Remediation and Accountability
- (A) Continued refusal to comply with correction requirements will subject the official to escalating sanctions, including fines, public censure, or legal proceedings, at the discretion of the PIC.
(d) Scope of Public Integrity Standards
The standards of truthfulness and accountability established herein apply to all individuals holding public office and to candidates for public office. These standards govern all forms of public communication, including statements made in official capacities, campaign activities, and digital or social media platforms.
Nothing in this Act shall abridge an individual’s First Amendment right to free expression. However, public officials, while performing the duties of their office, are not engaging in personal expression but are instead acting in a fiduciary capacity. Accordingly, the protections afforded to individual expression do not apply to official statements made in this capacity.
(e) Sensitive Information
- (1) Principle of Nondisclosure: Public officials may refrain from commenting on matters involving classified information, ongoing investigations, or sensitive issues where disclosure could harm public interests, national security, or individual rights.
- (2) Prohibition on False Statements Regarding Sensitive Matters: When a public official cannot comment due to sensitivity or confidentiality, they must refrain from making false, misleading, or speculative statements. Instead, they may issue a neutral response, such as "I am unable to comment at this time due to the sensitive nature of the matter."
- (3) Documentation of Justification: If a public official declines to comment under this provision, the justification for nondisclosure must be documented internally and, where appropriate, provided to oversight bodies to ensure transparency and accountability.
SECTION 5. PUBLIC INTEGRITY COMMISSION (PIC)
(a) Establishment
The Public Integrity Commission is hereby established as an independent body to investigate, evaluate, and provide oversight regarding the truthfulness of public officials' communications.
SECTION 6. STRUCTURE AND APPOINTMENT OF COMMISSIONERS
(a) Composition
The PIC shall consist of nine (9) commissioners.
(b) Appointment
- (1) Judicial Appointment Panel: Three (3) commissioners shall be selected by a panel of retired federal judges, leveraging their extensive knowledge of truthfulness standards and ethical practices within the legal profession. The panel shall consist of senior, retired judges from circuit or appellate courts to ensure impartiality and freedom from current political influences, with a proven history of integrity in their judicial service.
- (2) Ethics-Based Bodies: Three (3) commissioners shall be appointed through nominations provided by prominent ethics-based organizations. These organizations must:
- (A) Demonstrate a national or broad regional presence in the field of ethical oversight, governance, and public integrity.
- (B) Have a consistent record of non-partisan, independent analysis, or oversight.
- (C) Possess demonstrated expertise in the areas of public ethics, law, or accountability. Examples of eligible organizations may include federally established ethics bodies, professional associations, and independent governance-focused think tanks, subject to specific criteria established by the Commission.
- (3) University Ethics Boards: Three (3) commissioners shall be appointed by a collaborative process among accredited university ethics boards. Participating boards must possess recognized expertise in ethics, law, or public integrity. Institutions shall be selected based on criteria ensuring diverse and high-caliber appointments, with a focus on academic distinction and contributions to ethical research. A rotating roster of universities may be used to ensure diverse representation and broad perspectives.
- (4) Supermajority Vote for Appointments: All appointments made by panels, bodies, or boards shall require a supermajority vote (e.g., two-thirds) to ensure that selections reflect a broad consensus and commitment to ethical oversight.
- (5) Rotating Appointments: Rotational responsibility for appointment selection shall be employed among participating organizations, fostering diverse perspectives and avoiding entrenchment.
- (6) Transparency and Public Oversight: The appointment process shall be fully transparent, with public disclosure of selection procedures, justifications for each appointment, and a detailed summary of qualifications for each commissioner selected.
- (7) Qualifications: Commissioners must possess demonstrable expertise in fields such as law, ethics, governance, communications, or related disciplines. Candidates must also exhibit a strong dedication to impartiality, transparency, and accountability in public service.
- (8) Term Limits
- (A) Commissioners shall serve staggered six-year terms, with a limit of two terms per individual.
SECTION 7. TRAINING AND SUPPORT FOR PUBLIC OFFICIALS
(a) Training Program Creation
- (1) Establishment of Training Programs: The PIC, in collaboration with the Library of Congress and relevant federal ethics bodies, shall establish and provide training programs for public officials and candidates for public office, focusing on effective public communication, factual accuracy, and the use of research resources, including the Congressional Research Service (CRS).
- (2) Mandatory Initial Training: All newly elected or appointed public officials must complete an initial training program within 90 days of assuming office.
- (3) Ongoing Education: Public officials shall receive periodic training updates and have access to workshops and resources to ensure continued adherence to truthfulness standards.
- (4) Training of Candidates for Public Office: The PIC shall ensure that candidates are well-informed about their responsibilities for truthful communication and understand the implications of the truthfulness standards they must uphold.
SECTION 8. POWERS AND DUTIES OF THE COMMISSION
(a) Policy Objective:
It is the policy of this Act to ensure that the burden of identifying and correcting false information does not fall on the public but instead rests with those entrusted with public office. The Public Integrity Commission shall act as an independent body to uphold this principle, leveraging its expertise and resources to ensure the accuracy of public communications by government officials.
(b) Investigative Powers
The PIC shall have the power to:
- (1) Subpoena records and testimony related to potential violations.
- (2) Conduct hearings and inquiries as necessary.
- (3) Issue findings and recommendations based on investigations.
- (4) Investigate alleged violations of truthfulness standards by candidates for public office during the course of their campaigns. Remedies for violations by candidates may include public correction requirements, campaign sanctions, or other appropriate measures, ensuring such remedies are consistent with constitutional protections for political speech.
(c) Monitoring Authority
- (1) The Public Integrity Commission shall have the authority to actively monitor public communications made by government officials for the purpose of ensuring compliance with this Act.
- (2) The Commission may initiate investigations and corrective actions based on information gathered through monitoring or other credible sources, independent of any formal complaint.
- (3) Monitoring activities shall cover all publicly accessible communications, including official speeches, press releases, social media posts, and other public statements.
- (4) The Commission shall ensure that its monitoring practices are impartial, transparent, and conducted solely to uphold the principles of this Act.
(d) Enforcement Authority
- (1) Fine Collection Mechanism:
- (A) Fines imposed under this Act shall be treated as debts owed to the United States government.
- (B) Unpaid fines shall be referred to the Department of the Treasury for collection through existing federal debt recovery procedures, ensuring prompt and efficient enforcement.
- (2) Judicial Enforcement:
- (A) If an official refuses to comply with corrective measures, the PIC is authorized to file a petition in a court of competent jurisdiction seeking enforcement of its determinations and sanctions.
- (B) The court shall expedite such cases to ensure timely resolution.
- (3) Transparency and Accountability in Enforcement:
- (A) The PIC shall maintain a public record of all sanctions imposed, including fines and corrective measures, as well as the status of compliance or noncompliance.
(e) Public Access and Publishing Requirements
- (1) Public Website: The PIC shall maintain an official government-hosted website where all findings, reports, and determinations related to its investigations shall be published in a timely manner.
- (A) This website shall allow for:
- (i) Searchable and sortable access to case records.
- (ii) Downloadable data formats for public use.
- (A) This website shall allow for:
- (2) Regular Reports: The PIC shall publish quarterly and annual reports summarizing:
- (A) The total number of investigations conducted.
- (B) Outcomes, including corrective actions and sanctions.
- (C) Key metrics on compliance and enforcement.
- (D) Recommendations for improvements of the PIC, if any.
- (3) Transparency in Significant Findings: In cases of high public interest, the PIC may issue press releases or hold public hearings to announce its findings and rationale, ensuring widespread dissemination.
- (4) Accessibility Standards: All publications must adhere to federal accessibility standards, ensuring they are available to all individuals, including those with disabilities.
SECTION 9. SANCTIONS AND REMEDIES FOR VIOLATIONS
(a) Initial Correction Requirement
When the Public Integrity Commission (PIC) determines that a government official has made a false public statement:
- (1) Notification: The PIC shall notify the official in writing, detailing:
- (A) The specific falsehood, with supporting evidence.
- (B) The corrective action required and the deadline for compliance ([e.g., 3 business days]).
- (2) Official Response:
- (A) The official may accept the findings and issue the correction, or dispute the findings by requesting judicial review (see Section 9.C).
(b) Sanctions for Noncompliance
- (1) Initial Sanctions:
- (A) If the official fails to issue the required correction within the specified timeframe, the PIC shall impose a fine based on the severity of the violation, as follows:
- (i) Up to 10% of the official's annual salary; or
- (ii) For officials whose financial circumstances indicate that a salary-based fine would be insufficient to ensure accountability, up to 10% of the official's verifiable net worth, capped at a reasonable maximum determined by PIC regulations.
- (B) In determining the appropriate sanction, the PIC shall consider:
- (I) The official’s financial circumstances, including salary, assets, and liabilities.
- (II) The severity and impact of the false or misleading communication.
- (III) Any mitigating factors presented by the official.
- (C) Additional remedies may include mandatory educational programs or ethics training related to public communications.
- (A) If the official fails to issue the required correction within the specified timeframe, the PIC shall impose a fine based on the severity of the violation, as follows:
- (2) Escalating Sanctions for Continued Noncompliance:
- (A) If the official persists in noncompliance:
- (i) Fines may increase at regular intervals (e.g., every 30 days).
- (ii) The official’s noncompliance shall be publicly disclosed to inform the public.
- (A) If the official persists in noncompliance:
(c) Judicial Review and Enforcement Mechanism
- (1) Referral to Treasury for Fine Collection:
- (A) Unpaid fines shall be referred to the Department of the Treasury for collection under established federal debt recovery procedures, including garnishments or offsets against government payments to the official.
- (2) Judicial Enforcement of Corrective Actions:
- (A) The PIC may petition a court for an order compelling compliance with corrective actions.
- (B) The court may impose additional penalties, such as contempt of court, for continued refusal to comply.
- (3) Official-Initiated Judicial Review:
- (A) At any stage, the official may request judicial review of the PIC’s findings, temporarily halting enforcement actions until the court rules on the matter.
- (B) This does not delay immediate corrective actions deemed necessary to prevent imminent public harm.
(d) Final Court Determination
- (1) The court shall:
- (A) Review the evidence presented by the PIC and the rebuttal provided by the official.
- (B) Issue a binding ruling on the veracity of the disputed statement.
- (2) If the court upholds the PIC’s findings:
- (A) The official shall comply with all ordered corrective actions.
- (B) The court may impose additional penalties for delays or obstruction.
SECTION 10. PUBLIC TRUST MECHANISMS
(a) Independent Oversight and Review
- (1) Establishment of Oversight Committee: An independent oversight committee, comprising legal, ethical, and public policy experts, as well as citizen representatives, shall be established to periodically review the Public Integrity Commission’s (PIC) activities.
- (2) Scope of Oversight: The oversight committee shall evaluate PIC's operations to ensure impartiality, fairness, and adherence to its established mandate, with a focus on:
- (A) Consistency in applying standards across all cases.
- (B) Protection of constitutional rights, including free speech.
- (C) Efficacy of corrective measures and sanctions.
- (3) Reporting Requirements: The oversight committee shall issue an annual report summarizing its findings and recommendations, which will be publicly accessible to promote transparency.
(b) Citizen Feedback Mechanisms
- (1) Channels for Public Input: The PIC shall establish accessible and secure channels for citizens to:
- (A) Submit feedback or concerns regarding PIC activities or decisions.
- (B) Report potential falsehoods by public officials for PIC review.
- (2) Public Engagement Forums: The PIC shall host periodic public forums, including virtual sessions, to:
- (A) Provide updates on its activities.
- (B) Address public concerns and gather suggestions for improvement.
- (3) Whistleblower Protections: Citizens who provide information on potential violations shall be afforded protections against retaliation, ensuring their safety and encouraging public participation.
(c) Transparency and Accountability Measures
- (1) Publicly Accessible Records: Subject to privacy and confidentiality protections, summaries of PIC decisions, corrective actions, and investigative findings shall be published online to foster public trust.
- (2) Audit Mechanism: An independent auditor shall annually assess the PIC’s financial and operational integrity, with findings included in the oversight committee’s report.
(d) Transparency in Sensitive Matters
- (1) Standardized Responses: Public officials invoking the "Sensitive Information" exception must use standardized, non-misleading language to explain their inability to comment.
- (2) Reporting and Review: Cases of nondisclosure under this provision shall be subject to periodic review by an independent oversight committee to verify their legitimacy and prevent misuse.
SECTION 11. IMPLEMENTATION AND TIMELINES
(a) Effective Date
- (1) This Act shall take effect 90 days after enactment to allow for preparatory activities, except where otherwise specified within the provisions of this Act.
(b) Establishment of the Public Integrity Commission (PIC)
- (1) Within 30 days of enactment, the relevant appointing authorities shall nominate and confirm members of the PIC.
- (2) The PIC shall be fully operational within 180 days of enactment, including the establishment of procedures, staffing, and public communication channels.
- (3) The PIC shall publish an initial report outlining its organizational structure, procedures, and operational plans no later than 30 days after becoming operational.
(c) Public Official Compliance Period
- (1) All public officials shall be required to adhere to the provisions of this Act starting 180 days after the PIC becomes operational.
- (2) Educational materials and training sessions on compliance requirements will be distributed to public officials within 120 days of enactment.
(d) Transition Period for Existing Statements
- (1) For statements made prior to the Act’s effective date, public officials will have a 90-day grace period to issue corrections or clarifications without penalty.
(e) Initial Oversight Review
- (1) An independent oversight committee shall conduct a formal review of the PIC's operations within one year of its establishment to assess effectiveness and recommend any necessary adjustments to the Act or PIC procedures.
- (2) A public report summarizing the findings of this review shall be submitted to Congress and made available on the PIC’s official website.
SECTION 12. SEVERABILITY
If any provision of this Act, or application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provisions of this Act to any person or circumstance shall not be affected thereby.