HouseH.R. 9279119th Congress

Preventing AI Censorship Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9279 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9279

    To provide for a right of action against Federal employees for 
violations of First Amendment rights relating to the use or development 
                      of artificial intelligence.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2026

 Ms. Hageman introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
    To provide for a right of action against Federal employees for 
violations of First Amendment rights relating to the use or development 
                      of artificial intelligence.

    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 ``Preventing AI Censorship Act''.

SEC. 2. RIGHT OF ACTION AGAINST FEDERAL EMPLOYEES FOR VIOLATIONS OF 
              FIRST AMENDMENT RIGHTS WITH RESPECT TO ARTIFICIAL 
              INTELLIGENCE.

    (a) In General.--A Federal employee who, under color of any 
statute, ordinance, regulation, custom, or usage, of the United States, 
engages in covered conduct thereby subjecting, or causing to be 
subjected, any citizen of the United States to the deprivation of any 
rights, privileges, or immunities secured by the First Amendment, shall 
be liable to the party injured in an action at law, suit in equity, or 
other proper proceeding for redress.
    (b) Exception.--This Act does not authorize a Federal employee to 
bring a suit against their Federal employer or the Federal Government 
for conduct that is within the scope of the employment relationship. 
Nothing in this Act shall be construed to limit any otherwise lawful 
law enforcement activity conducted pursuant to a valid warrant, court 
order, or other judicial authorization.
    (c) Attorney's Fees.--In any action or proceeding to enforce this 
Act, the court, in its discretion, may allow the prevailing party, 
other than the United States, a reasonable attorney's fee as part of 
the costs.
    (d) Rule of Construction.--Nothing in this Act may be construed to 
limit the ability of an injured party to seek damages, injunctive 
relief, or any other form of redress for the deprivation of any rights, 
privileges, or immunities secured by the First Amendment, or by any 
other provision of the Constitution.
    (e) Definitions.--In this section:
            (1) The term ``Federal employee'' means an individual, 
        other than the President or the Vice President, who occupies a 
        position in any agency or instrumentality of the executive 
        branch (including any independent agency).
            (2) The term ``artificial intelligence'' has the meaning as 
        outlined in section 5002 of the National Artificial 
        Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
            (3) The term ``artificial intelligence provider'' means any 
        person or entity that develops, deploys, operates, hosts, or 
        maintains artificial intelligence, whether for compensation or 
        without charge.
            (4) The term ``covered conduct'' means--
                    (A) any action by a Federal employee to coerce, 
                compel, direct, induce, or encourage an artificial 
                intelligence provider to:
                            (i) ban, suppress, remove, alter, or 
                        otherwise restrict content, outputs, or 
                        responses generated by artificial intelligence 
                        based on viewpoint, partisan affiliation, 
                        religious belief or practice, ideology, 
                        perceived truth or falsity, or perceived bias;
                            (ii) modify the training data, model 
                        weights, fine-tuning procedures, system 
                        prompts, safety classifiers, or operational 
                        parameters of artificial intelligence for the 
                        purpose of filtering, distorting, or 
                        suppressing expression based on viewpoint, 
                        partisan affiliation, religious belief or 
                        practice, ideology, perceived truth or falsity, 
                        or perceived bias;
                            (iii) deny, degrade, restrict, or alter 
                        access to artificial intelligence, or provide a 
                        materially inferior quality of service through 
                        artificial intelligence, to any person based on 
                        that person's viewpoint, political affiliation, 
                        religious belief or practice, ideology, 
                        perceived truth or falsity, or perceived bias; 
                        or
                            (iv) collect, retain, report, or disclose 
                        information about a user's prompts, queries, or 
                        interactions with artificial intelligence to 
                        any Federal agency or employee, where such 
                        collection, retention, or disclosure is 
                        undertaken for the purpose of, or with the 
                        reasonably foreseeable effect of, surveilling, 
                        chilling, or penalizing that user's lawful 
                        expression; or
                    (B) any action by a Federal employee to directly 
                interfere with an individual's lawful use of artificial 
                intelligence.
    (f) Severability.--If any provision of this Act or the application 
of a provision of this Act to any person or circumstance is held to be 
unconstitutional, the remainder of this Act, and the application of the 
provisions to any person or circumstance, shall not be affected 
thereby.
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