,,ii #aaith ,,congress #b;d ,session ,s4 #dgdi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aa1 #bjbf,mr4 ,cruz 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,communications ,act of #aicd to create a ,federal cause of action to address jawboning1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,justice ,against ,weaponized ,bureaucratic ,overreach to ,networked ,expression ,act or the ,,jawbone ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,private speech intermediaries1 such as broadcasters and interactive computer service providers1 as well as providers of speech-enabling artificial intelligence systems1 are critical for access to information and individual expression and have a right to independent editorial judgement4 7#b7 ,such entities can also serve as chokepoints convenient for the government to target for censorship of disfavored speech and information4 7#c7 ,government coercion of such private speech intermediaries and artificial intelligence system providers threatens freedom of speech and open inquiry1 particularly for users who have no say in1 or knowledge of1 how their speech or access to information is affected4 7#d7 ,at the same time1 not all government communication to a private speech platform is coercive4 ,interactions between the government and websites1 for example1 may serve lawful enforcement purposes or facilitate legitimate dialogue with the private sector4 7#e7 ,members of the public also have an interest under the ,first ,amendment to the ,constitution of the ,united ,states in hearing what their government has to say4 ,the people of the ,united ,states cannot engage with the views of their government unless the government can express those views4 7#f7 ,it is therefore necessary to limit the ability of the government to create1 through coercion1 a system of speech regulation that evades convenient judicial redress and1 consequently1 the ,first ,amendment1 while maintaining the ability of the government to inform and persuade4 #c4 ,federal cause of action for jawboning ,title ,,vii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fja et seq47 is amended by adding at the end the following3 #gbc4 ,prohibition on ,federal agency or employee jawboning 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,artificial intelligence system ,the term artificial intelligence system has the meaning given the term artificial intelligence in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#c7 ,broadcaster ,the term broadcaster means-- 7,a7 any licensee1 operator1 or owner of a broadcast station2 and 7,b7 any national broadcast network that provides television or radio programming to one or more broadcast stations1 including through ownership of1 or contractual network affiliation agreements with1 those stations4 7#d7 ,coerce 7,a7 ,in general ,the term coerce means to take a harmful1 hostile1 or unfavorable action1 to imply the possibility of taking such action1 or to threaten such action4 7,b7 ,factors ,factors relevant to whether an action by an agency1 officer1 or employee satisfies the definition of coerce under subparagraph 7,a7 include-- 7i7 the word choice and tone of any relevant communication from the agency1 officer1 or employee2 7ii7 the existence of any ,federal regulatory or enforcement authority over the recipient of any relevant communication from the agency1 officer1 or employee2 7iii7 whether any relevant communication from the agency1 officer1 or employee referred to adverse consequences to the recipient2 7iv7 whether any relevant communication from the agency1 officer1 or employee was private or public2 7v7 whether any relevant communication from the agency1 officer1 or employee included an affirmative disclaimer that the communication lacked legal force2 7vi7 whether any relevant communication from the agency1 officer1 or employee included a factual statement without legal force that could be useful to the decision-making of the recipient2 7vii7 whether any relevant communication from the agency1 officer1 or employee was for the purpose of aiding compliance with existing law2 and 7viii7 whether any relevant communication from the agency1 officer1 or employee led the recipient to act contrary to its own policies4 7#e7 ,content action ,the term content action-- 7,a7 with respect to an interactive computer service1 means-- 7i7 adding information to1 altering information on1 or removing information from the interactive computer service1 including with respect to a label appended to information2 7ii7 altering the presentation of information on the interactive computer service1 including such presentation by the recommendation system of the interactive computer service2 7iii7 limiting interaction by an information content provider with the interactive computer service1 including terminating or suspending an information content provider from the interactive computer service2 or 7iv7 altering a policy of the interactive computer service affecting the moderation of information2 7,b7 with respect to an artificial intelligence system1 means-- 7i7 adding1 altering1 or removing information generated or provided by the artificial intelligence system2 or 7ii7 limiting interaction by an information content provider with the artificial intelligence system2 and 7,c7 with respect to a broadcaster1 means adding information or programming to1 altering information or programming on1 or removing information or programming from a broadcast1 including before the programming is finalized or while the programming is in an investigative or production phase of development4 7#f7 ,employee ,the term employee includes a fellow1 contractor1 or consultant4 7#g7 ,information ,the term information means lawful expression protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7#h7 ,information content provider ,the term information content provider has the meaning given the term in section #bcj4 7#i7 ,interactive computer service ,the term interactive computer service has the meaning given to the term in section #bcj4 7#aj7 ,recommendation system ,the term recommendation system means a fully or partially automated system used by an interactive computer service to suggest1 promote1 or rank information provided by an information content provider4 7b7 ,prohibition 7#a7 ,in general ,except as provided in paragraph 7#b71 it shall be unlawful for an agency1 or an officer or employee of the ,united ,states under color or pretense of office or employment1 to coerce or attempt to coerce a broadcaster1 a provider of an interactive computer service1 or a provider of an artificial intelligence system within the ,united ,states 7including the territories of the ,united ,states7 for the purpose of1 or if a reasonable person would understand the coercion or attempted coercion to be for the purpose of1 incentivizing the broadcaster or provider to take a content action4 7#b7 ,exceptions 7,a7 ,in general ,paragraph 7#a7 shall not apply to-- 7i7 an action that-- 7,i7 is taken pursuant to a lawful investigation under1 or the enforcement of1 ,federal or ,state law2 and 7,,ii7 does not violate the ,first ,amendment to the ,constitution of the ,united ,states2 7ii7 an action or threat to take action authorized by a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 by a court of competent jurisdiction2 or 7iii7 directions from an agency1 or an officer or employee of the ,united ,states1 to a broadcaster1 a provider of an interactive computer service1 or a provider of an artificial intelligence system to take an action directly relating to the official use of the broadcast station1 interactive computer service1 or artificial intelligence system1 respectively1 by the agency1 officer1 or employee4 7,b7 ,burden of establishing exception ,an agency1 officer1 or employee against whom a civil action is brought under subsection 7c7 shall bear the burden of establishing that an exception under subparagraph 7,a7 of this paragraph applies4 7c7 ,private right of action 7#a7 ,in general ,a person aggrieved by a violation of subsection 7b71 including an information content provider1 may bring a civil action against the applicable agency1 officer1 or employee in an appropriate district court of the ,united ,states4 7#b7 ,scope of review ,in a civil action brought under paragraph 7#a71 to the extent necessary to the decision and when presented1 the court shall decide all relevant questions of law and interpret constitutional and statutory provisions4 7#c7 ,relief ,in a civil action brought under paragraph 7#a7-- 7,a7 a person may obtain compensatory damages and the cost of the civil action1 including reasonable attorney fees and other litigation costs reasonably incurred2 7,b7 except as provided in subparagraph 7,c71 the court may1 in addition to any other relief available at law1 grant equitable relief that may be appropriate or necessary to correct a violation of subsection 7b72 and 7,c7 punitive damages may not be awarded4 7#d7 ,pre-trial motion for limited discovery 7,a7 ,motion ,if a party to a civil action brought under paragraph 7#a7 moves to dismiss the action under rule #ab7;b77#f7 of the ,federal ,rules of ,civil ,procedure or moves to dismiss the action for lack of standing1 the party that opposes the motion to dismiss may file a pre-trial motion for limited discovery at the discretion of the court4 7,b7 ,limitations on time and scope ,if the court grants a pre-trial motion for limited discovery filed under subparagraph 7,a71 the court shall enter an order limiting that discovery-- 7i7 to a period of not more than #cj days2 and 7ii7 to evidence that permits the party that did not move to dismiss the action under subparagraph 7,a7 to respond to the merits of the motion to dismiss4 7,c7 ,extension 7i7 ,hearing ,upon request1 the court may hold a hearing to determine whether to extend discovery1 with respect to a motion for limited discovery granted under this paragraph1 by not more than #a additional period of not more than #cj days4 7ii7 ,determination ,the court may extend discovery under clause 7i7 for good cause shown by the party seeking the extension4 7#e7 ,no immunity from liability for subjective belief of unprotected speech ,no agency1 officer1 or employee that is a party to a civil action brought under paragraph 7#a7 shall be immune from liability on the basis of a finding that the agency1 officer1 or employee had a subjective belief that the information that is the subject of the claim in the civil action was not lawful expression protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7#f7 ,mandatory defense and indemnification of ,federal employees 7,a7 ,defense ,if a civil action is brought under paragraph 7#a7 against an officer or employee of the ,united ,states in the individual capacity of that officer or employee1 the ,department of ,justice1 if the officer or employee so elects1 shall represent the officer or employee4 7,b7 ,indemnification 7i7 ,in general ,if a civil action is brought under paragraph 7#a7 against an officer or employee of the ,united ,states in the individual capacity of that officer or employee1 the ,federal ,government shall indemnify the officer or employee for any verdict1 judgment1 or other monetary award rendered against the officer or employee4 7ii7 ,exception ,in a civil action described in clause 7i71 if the court finds that the officer or employee acted in a willful and wanton manner in incurring liability under this section1 clause 7i7 shall not apply and the court shall order the officer or employee to reimburse the ,federal ,government the reasonable costs and reasonable attorney fees expended for the defense of the officer or employee4 7d7 ,enforcement by ,states ,any attorney general of a ,state may bring a civil action in the name of the ,state1 as parens patriae on behalf of natural persons residing in the ,state1 in any district court of the ,united ,states having jurisdiction of the defendant to secure relief as provided in this section for injury sustained by those natural persons from a violation of subsection 7b74 4 #d4 ,establishment of standards and guidelines for logging covered communications with broadcasters1 providers interactive computer services1 and providers of artificial intelligence systems ,the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bga et seq47 is amended by adding at the end the following3 #cg4 ,establishment of standards and guidelines for logging covered communications with broadcasters1 providers interactive computer services1 and providers of artificial intelligence systems 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given such term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,artificial intelligence system ,the term artificial intelligence system has the meaning given to the term artificial intelligence in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#c7 ,broadcaster ,the term broadcaster has the meaning given such term in section #gbc of the ,communications ,act of #aicd4 7#d7 ,child sexual abuse material ,the term child sexual abuse material means a visual depiction defined in section #bbef7h7 of title #ah1 ,united ,states ,code4 7#e7 ,communication ,the term communication means any transfer1 in whole or in part1 by wire1 oral1 or electronic means1 of signs1 signals1 writing1 images1 sounds1 or data of any nature4 7#f7 ,communication metadata ,the term communication metadata means structural or descriptive information associated with a communication1 such as-- 7,a7 the name of the sender and recipient2 7,b7 the employer or institutional affiliation of each person identified in subparagraph 7,a72 7,c7 contact information for each person identified in subparagraph 7,a71 such as a telephone number or email address2 and 7,d7 the date on which the communication was conveyed4 7#g7 ,covered communication ,the term covered communication means the contents of a communication and communication metadata from an officer or employee of the ,united ,states under color or pretense of office or employment to a broadcaster1 provider of an interactive computer service1 or provider of an artificial intelligence system regarding an act or omission by such broadcaster1 service1 or system with respect to actual or potential expression on or from the broadcaster1 service1 or system1 including any standards1 processes1 or policies of such broadcaster or provider governing the broadcast1 publication1 display1 or moderation of expression on or from the broadcaster1 service1 or system1 but excluding the contents of communications and communications metadata-- 7,a7 to the extent it consists of classified information1 as defined in section #a of the ,classified ,information ,procedures ,act 7,public ,law #if-def71 if such information is so properly classified2 7,b7 relating to child sexual abuse material2 and 7,c7 for actions1 threats1 or directions described in a subparagraph of section #gbc7;b77#b7 of the ,communications ,act of #aicd4 7#h7 ,expression ,the term expression means any speech1 text1 images1 video1 or any other information distributed by an information content provider1 an interactive computer service1 artificial intelligence system1 or a broadcaster4 7#i7 ,information content provider ,the term information content provider has the meaning given to the term in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7#aj7 ,interactive computer service ,the term interactive computer service means an interactive computer service as defined in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7b7 ,standards and guidelines required 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,justice ,against ,weaponized ,bureaucratic ,overreach to ,networked ,expression ,act1 the ,director shall1 in consultation with the ,secretary of ,commerce1 the ,director of the ,office of ,science and ,technology ,policy1 the ,director of the ,office of ,management and ,budget1 and the head of any other agency the ,director considers appropriate1 develop standards and guidelines to assist agencies in carrying out the requirements of section #gja of the ,national ,science and ,technology ,policy1 ,organization1 and ,priorities ,act of #aigf1 including the collection1 retention1 and transmission of covered communications through the portal established under such section4 7#b7 ,accounting for and adapting for specific needs of agencies ,in developing the standards and guidelines pursuant to paragraph 7#a71 the ,director shall account for and1 as applicable1 adapt such standards and guidelines to the specific needs of each agency4 7c7 ,elements ,the standards and guidelines required by subsection 7b7 shall include recommendations regarding-- 7#a7 standard taxonomies and labeling of covered communications to be transmitted to the portal described in such subsection2 7#b7 the collection and logging of communication metadata for each covered communication2 7#c7 standard formats to ensure interoperability of covered communications transmitted to such portal2 7#d7 data security standards and protocols for the collection and transmission of covered communications to such portal2 and 7#e7 audit1 management1 and monitoring controls for the retention of covered communications by the agency4 7d7 ,biennial updates to the standards and guidelines ,not less than once every #b years1 the ,director shall1 in consultation with the ,secretary of ,commerce1 the ,director of the ,office of ,science and ,technology ,policy1 and the ,director of the ,office of ,management and ,budget1 review the standards and guidelines issued under subsection 7b7 and may revise and update such standards and guidelines as necessary4 7e7 ,submission to the ,director of the ,office of ,science and ,technology ,policy ,the ,director shall submit the standards and guidelines developed under subsection 7b71 and any revisions made under subsection 7d71 to the ,director of the ,office of ,science and ,technology ,policy for purposes of carrying out section #gja of the ,national ,science and ,technology ,policy1 ,organization1 and ,priorities ,act of #aigf4 4 #e4 ,establishment of portal for covered communications with broadcasters1 providers of interactive computer services1 and providers of artificial intelligence systems ,the ,national ,science and ,technology ,policy1 ,organization1 and ,priorities ,act of #aigf 7#db ,u4,s4,c4 #ffaa et seq47 is amended by adding at the end the following3 ,,vii ,communications with broadcasters1 providers of interactive computer services1 and providers of artificial intelligence systems #gja4 ,portal for covered communications with broadcasters1 providers of interactive computer services1 and providers of artificial intelligence systems 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given such term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,artificial intelligence system ,the term artificial intelligence system has the meaning given to the term artificial intelligence in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#c7 ,broadcaster ,the term broadcaster has the meaning given such term in section #gbc of the ,communications ,act of #aicd4 7#d7 ,communication1 communication metadata1 covered communication1 employee1 and expression ,the terms communication1 communication metadata1 covered communication1 employee1 and expression have the meanings given such terms in section #cg of the ,national ,institute of ,standards and ,technology ,act4 7#e7 ,content action ,the term content action has the meaning given such term in section #gbc of the ,communications ,act of #aicd4 7#f7 ,information content provider and interactive computer service ,the terms information content provider and interactive computer service have the meanings given such terms in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7#g7 ,portal ,the term portal means the covered communications portal established by the ,director of the ,office of ,science and ,technology ,policy pursuant to subsection 7c74 7b7 ,adoption of national institute of standards and technology standards and guidelines ,upon receiving the standards and guidelines from the ,director of the ,national ,institute of ,standards and ,technology pursuant to section #cg7;e7 of the ,national ,institute of ,standards and ,technology ,act1 the ,director shall1 in consultation with the ,secretary of ,commerce and the ,director of the ,office of ,management and ,budget1 issue a requirement that the head of each agency-- 7#a7 adopt such standards and guidelines2 and 7#b7 comply with the requirements for transmission of covered communications pursuant to subsection 7c74 7c7 ,establishment of covered communications portal ,the ,director shall1 in consultation with the ,secretary of ,commerce and the ,director of the ,office of ,management and ,budget-- 7#a7 establish a portal for covered communications2 and 7#b7 require each head of an agency to transmit to the portal1 not less than once every #abj days1 new or previously unreported covered communications discovered through reasonable efforts1 including employee self-reporting4 7d7 ,public website for covered communications 7#a7 ,in general ,subject to paragraph 7#b71 the ,director of the ,office of ,science and ,technology ,policy shall make available on a publicly accessible1 searchable website1 a detailed description of each covered communication1 received by the ,director under subsection 7c7 that-- 7,a7 summarizes the contents of each covered communication2 and 7,b7 identifies all requests1 whether implied or express1 for content actions included in such covered communications4 7#b7 ,availability of sensitive covered communications 7,a7 ,in general ,the ,director may1 in consultation with the ,director of the ,office of ,management and ,budget and the applicable agency head1 redact information contained in a detailed description of a covered communication1 as described in paragraph 7#a71 before publication to the public1 to the extent that such information falls into an exemption described in a paragraph of section #eeb7;b7 of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 if-- 7i7 the description includes markings detailing the specific exemption under which such redactions were made2 and 7ii7 such information is unredacted when an exemption is no longer applicable4 7,b7 ,availability to ,congress ,the full1 unredacted record of all covered communications shall be made available to the ,chairman and ,ranking ,member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,chairman and ,ranking ,member of the ,committee on ,energy and ,commerce of the ,house of ,representatives at an interval determined appropriate by the ,chairmen and ,ranking ,members each ,congress1 but not less than once every fiscal year4 7e7 ,provider complaint process 7#a7 ,in general ,in establishing the publicly accessible1 searchable website under subsection 7d71 the ,director shall also establish a process within such website through which the broadcaster1 provider of an interactive computer service1 or provider of an artificial intelligence system may1 without retaliation by the ,federal ,government1 submit a complaint alleging that an officer or employee of the ,united ,states has violated section #gbc7;b7 of the ,communications ,act of #aicd4 7#b7 ,transmittal of complaint 7,a7 ,transmittal ,not later than #ae days after receiving a valid complaint pursuant to paragraph 7#a7 regarding an officer or employee of the ,united ,states1 the ,director shall transmit such complaint to-- 7i7 the ,inspector ,general of the agency that employs the officer or employee2 7ii7 the ,chairman and ,ranking ,member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7iii7 the ,chairman and ,ranking ,member of the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7,b7 ,validity ,for purposes of this paragraph1 a complaint of the broadcaster1 provider of an interactive computer service1 or provider of an artificial intelligence system is considered valid if the complaint-- 7i7 is brought by an employee or an authorized person acting on behalf of the broadcaster or provider2 and 7ii7 identifies the communication and includes sufficient information to reasonably substantiate an alleged violation of section #gbc7;b7 of the ,communications ,act of #aicd4 7f7 ,audits for compliance with the national institute of standards and technology standards and guidelines 7#a7 ,audits required ,not less frequently than once every #b years1 each ,inspector ,general of an agency shall audit the compliance of the agency of the ,inspector ,general with-- 7,a7 the standards and guidelines required to be adopted under subsection 7b77#a72 and 7,b7 the requirements of paragraph 7#b7 of subsection 7c7 regarding transmittal of covered communications to the portal established under paragraph 7#a7 of such subsection1 including a review of whether the agency is properly categorizing a communication as a covered communication for listing in the portal and transmission to ,congress and consideration of whether the agency is properly excluding a communication from categorization as a covered communication4 7#b7 ,transmittal of findings ,not later than #g days after an ,inspector ,general completes an audit under paragraph 7#a71 the ,inspector ,general shall transmit a summary of the findings of the ,inspector ,general with respect to the audit to the following3 7,a7 ,the ,director4 7,b7 ,the ,chairman and ,ranking ,member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7,c7 ,the ,chairman and ,ranking ,member of the ,committee on ,energy and ,commerce of the ,house of ,representatives4 4 #f4 ,severability ,if any provision of this ,act1 or any amendment made by this ,act1 is determined to be unenforceable or invalid1 the remaining provisions of this ,act and the amendments made by this ,act shall not be affected4