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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4749 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4749
To amend the Communications Act of 1934 to create a Federal cause of
action to address jawboning, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 11, 2026
Mr. Cruz (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to create a Federal cause of
action to address jawboning, and for other purposes.
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 ``Justice Against Weaponized
Bureaucratic Overreach to Networked Expression Act'' or the ``JAWBONE
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Private speech intermediaries, such as broadcasters and
interactive computer service providers, as well as providers of
speech-enabling artificial intelligence systems, are critical
for access to information and individual expression and have a
right to independent editorial judgement.
(2) Such entities can also serve as chokepoints convenient
for the government to target for censorship of disfavored
speech and information.
(3) Government coercion of such private speech
intermediaries and artificial intelligence system providers
threatens freedom of speech and open inquiry, particularly for
users who have no say in, or knowledge of, how their speech or
access to information is affected.
(4) At the same time, not all government communication to a
private speech platform is coercive. Interactions between the
government and websites, for example, may serve lawful
enforcement purposes or facilitate legitimate dialogue with the
private sector.
(5) 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 say. The people of the
United States cannot engage with the views of their government
unless the government can express those views.
(6) It is therefore necessary to limit the ability of the
government to create, through coercion, a system of speech
regulation that evades convenient judicial redress and,
consequently, the First Amendment, while maintaining the
ability of the government to inform and persuade.
SEC. 3. FEDERAL CAUSE OF ACTION FOR JAWBONING.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is amended by adding at the end the following:
``SEC. 723. PROHIBITION ON FEDERAL AGENCY OR EMPLOYEE JAWBONING.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term in section 3502 of title 44, United States Code.
``(2) Artificial intelligence system.--The term `artificial
intelligence system' has the meaning given the term `artificial
intelligence' in section 5002 of the National Artificial
Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
``(3) Broadcaster.--The term `broadcaster' means--
``(A) any licensee, operator, or owner of a
broadcast station; and
``(B) any national broadcast network that provides
television or radio programming to one or more
broadcast stations, including through ownership of, or
contractual network affiliation agreements with, those
stations.
``(4) Coerce.--
``(A) In general.--The term `coerce' means to take
a harmful, hostile, or unfavorable action, to imply the
possibility of taking such action, or to threaten such
action.
``(B) Factors.--Factors relevant to whether an
action by an agency, officer, or employee satisfies the
definition of `coerce' under subparagraph (A) include--
``(i) the word choice and tone of any
relevant communication from the agency,
officer, or employee;
``(ii) the existence of any Federal
regulatory or enforcement authority over the
recipient of any relevant communication from
the agency, officer, or employee;
``(iii) whether any relevant communication
from the agency, officer, or employee referred
to adverse consequences to the recipient;
``(iv) whether any relevant communication
from the agency, officer, or employee was
private or public;
``(v) whether any relevant communication
from the agency, officer, or employee included
an affirmative disclaimer that the
communication lacked legal force;
``(vi) whether any relevant communication
from the agency, officer, or employee included
a factual statement without legal force that
could be useful to the decision-making of the
recipient;
``(vii) whether any relevant communication
from the agency, officer, or employee was for
the purpose of aiding compliance with existing
law; and
``(viii) whether any relevant communication
from the agency, officer, or employee led the
recipient to act contrary to its own policies.
``(5) Content action.--The term `content action'--
``(A) with respect to an interactive computer
service, means--
``(i) adding information to, altering
information on, or removing information from
the interactive computer service, including
with respect to a label appended to
information;
``(ii) altering the presentation of
information on the interactive computer
service, including such presentation by the
recommendation system of the interactive
computer service;
``(iii) limiting interaction by an
information content provider with the
interactive computer service, including
terminating or suspending an information
content provider from the interactive computer
service; or
``(iv) altering a policy of the interactive
computer service affecting the moderation of
information;
``(B) with respect to an artificial intelligence
system, means--
``(i) adding, altering, or removing
information generated or provided by the
artificial intelligence system; or
``(ii) limiting interaction by an
information content provider with the
artificial intelligence system; and
``(C) with respect to a broadcaster, means adding
information or programming to, altering information or
programming on, or removing information or programming
from a broadcast, including before the programming is
finalized or while the programming is in an
investigative or production phase of development.
``(6) Employee.--The term `employee' includes a fellow,
contractor, or consultant.
``(7) Information.--The term `information' means lawful
expression protected by the First Amendment to the Constitution
of the United States.
``(8) Information content provider.--The term `information
content provider' has the meaning given the term in section
230.
``(9) Interactive computer service.--The term `interactive
computer service' has the meaning given to the term in section
230.
``(10) Recommendation system.--The term `recommendation
system' means a fully or partially automated system used by an
interactive computer service to suggest, promote, or rank
information provided by an information content provider.
``(b) Prohibition.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for an agency, or an officer or employee of
the United States under color or pretense of office or
employment, to coerce or attempt to coerce a broadcaster, a
provider of an interactive computer service, or a provider of
an artificial intelligence system within the United States
(including the territories of the United States) for the
purpose of, or if a reasonable person would understand the
coercion or attempted coercion to be for the purpose of,
incentivizing the broadcaster or provider to take a content
action.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply
to--
``(i) an action that--
``(I) is taken pursuant to a lawful
investigation under, or the enforcement
of, Federal or State law; and
``(II) does not violate the First
Amendment to the Constitution of the
United States;
``(ii) an action or threat to take action
authorized by a warrant issued using the
procedures described in the Federal Rules of
Criminal Procedure (or, in the case of a State
court, issued using State warrant procedures)
by a court of competent jurisdiction; or
``(iii) directions from an agency, or an
officer or employee of the United States, to a
broadcaster, a provider of an interactive
computer service, or a provider of an
artificial intelligence system to take an
action directly relating to the official use of
the broadcast station, interactive computer
service, or artificial intelligence system,
respectively, by the agency, officer, or
employee.
``(B) Burden of establishing exception.--An agency,
officer, or employee against whom a civil action is
brought under subsection (c) shall bear the burden of
establishing that an exception under subparagraph (A)
of this paragraph applies.
``(c) Private Right of Action.--
``(1) In general.--A person aggrieved by a violation of
subsection (b), including an information content provider, may
bring a civil action against the applicable agency, officer, or
employee in an appropriate district court of the United States.
``(2) Scope of review.--In a civil action brought under
paragraph (1), to the extent necessary to the decision and when
presented, the court shall decide all relevant questions of law
and interpret constitutional and statutory provisions.
``(3) Relief.--In a civil action brought under paragraph
(1)--
``(A) a person may obtain compensatory damages and
the cost of the civil action, including reasonable
attorney fees and other litigation costs reasonably
incurred;
``(B) except as provided in subparagraph (C), the
court may, in addition to any other relief available at
law, grant equitable relief that may be appropriate or
necessary to correct a violation of subsection (b); and
``(C) punitive damages may not be awarded.
``(4) Pre-trial motion for limited discovery.--
``(A) Motion.--If a party to a civil action brought
under paragraph (1) moves to dismiss the action under
rule 12(b)(6) of the Federal Rules of Civil Procedure
or moves to dismiss the action for lack of standing,
the party that opposes the motion to dismiss may file a
pre-trial motion for limited discovery at the
discretion of the court.
``(B) Limitations on time and scope.--If the court
grants a pre-trial motion for limited discovery filed
under subparagraph (A), the court shall enter an order
limiting that discovery--
``(i) to a period of not more than 30 days;
and
``(ii) to evidence that permits the party
that did not move to dismiss the action under
subparagraph (A) to respond to the merits of
the motion to dismiss.
``(C) Extension.--
``(i) Hearing.--Upon request, the court may
hold a hearing to determine whether to extend
discovery, with respect to a motion for limited
discovery granted under this paragraph, by not
more than 1 additional period of not more than
30 days.
``(ii) Determination.--The court may extend
discovery under clause (i) for good cause shown
by the party seeking the extension.
``(5) No immunity from liability for subjective belief of
unprotected speech.--No agency, officer, or employee that is a
party to a civil action brought under paragraph (1) shall be
immune from liability on the basis of a finding that the
agency, officer, 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 States.
``(6) Mandatory defense and indemnification of federal
employees.--
``(A) Defense.--If a civil action is brought under
paragraph (1) against an officer or employee of the
United States in the individual capacity of that
officer or employee, the Department of Justice, if the
officer or employee so elects, shall represent the
officer or employee.
``(B) Indemnification.--
``(i) In general.--If a civil action is
brought under paragraph (1) against an officer
or employee of the United States in the
individual capacity of that officer or
employee, the Federal Government shall
indemnify the officer or employee for any
verdict, judgment, or other monetary award
rendered against the officer or employee.
``(ii) Exception.--In a civil action
described in clause (i), if the court finds
that the officer or employee acted in a willful
and wanton manner in incurring liability under
this section, clause (i) 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
employee.
``(d) Enforcement by States.--Any attorney general of a State may
bring a civil action in the name of the State, as parens patriae on
behalf of natural persons residing in the State, 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 (b).''.
SEC. 4. ESTABLISHMENT OF STANDARDS AND GUIDELINES FOR LOGGING COVERED
COMMUNICATIONS WITH BROADCASTERS, PROVIDERS INTERACTIVE
COMPUTER SERVICES, AND PROVIDERS OF ARTIFICIAL
INTELLIGENCE SYSTEMS.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by adding at the end the following:
``SEC. 37. ESTABLISHMENT OF STANDARDS AND GUIDELINES FOR LOGGING
COVERED COMMUNICATIONS WITH BROADCASTERS, PROVIDERS
INTERACTIVE COMPUTER SERVICES, AND PROVIDERS OF
ARTIFICIAL INTELLIGENCE SYSTEMS.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given such
term in section 3502 of title 44, United States Code.
``(2) Artificial intelligence system.--The term `artificial
intelligence system' has the meaning given to the term
`artificial intelligence' in section 5002 of the National
Artificial Intelligence Initiative Act of 2020 (15 U.S.C.
9401).
``(3) Broadcaster.--The term `broadcaster' has the meaning
given such term in section 723 of the Communications Act of
1934.
``(4) Child sexual abuse material.--The term `child sexual
abuse material' means a visual depiction defined in section
2256(8) of title 18, United States Code.
``(5) Communication.--The term `communication' means any
transfer, in whole or in part, by wire, oral, or electronic
means, of signs, signals, writing, images, sounds, or data of
any nature.
``(6) Communication metadata.--The term `communication
metadata' means structural or descriptive information
associated with a communication, such as--
``(A) the name of the sender and recipient;
``(B) the employer or institutional affiliation of
each person identified in subparagraph (A);
``(C) contact information for each person
identified in subparagraph (A), such as a telephone
number or email address; and
``(D) the date on which the communication was
conveyed.
``(7) 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 broadcaster, provider of an interactive computer service,
or provider of an artificial intelligence system regarding an
act or omission by such broadcaster, service, or system with
respect to actual or potential expression on or from the
broadcaster, service, or system, including any standards,
processes, or policies of such broadcaster or provider
governing the broadcast, publication, display, or moderation of
expression on or from the broadcaster, service, or system, but
excluding the contents of communications and communications
metadata--
``(A) to the extent it consists of classified
information, as defined in section 1 of the Classified
Information Procedures Act (Public Law 96-456), if such
information is so properly classified;
``(B) relating to child sexual abuse material; and
``(C) for actions, threats, or directions described
in a subparagraph of section 723(b)(2) of the
Communications Act of 1934.
``(8) Expression.--The term `expression' means any speech,
text, images, video, or any other information distributed by an
information content provider, an interactive computer service,
artificial intelligence system, or a broadcaster.
``(9) Information content provider.--The term `information
content provider' has the meaning given to the term in section
230 of the Communications Act of 1934 (47 U.S.C. 230).
``(10) Interactive computer service.--The term `interactive
computer service' means an interactive computer service as
defined in section 230 of the Communications Act of 1934 (47
U.S.C. 230).
``(b) Standards and Guidelines Required.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Justice Against Weaponized Bureaucratic
Overreach to Networked Expression Act, the Director shall, in
consultation with the Secretary of Commerce, the Director of
the Office of Science and Technology Policy, the Director of
the Office of Management and Budget, and the head of any other
agency the Director considers appropriate, develop standards
and guidelines to assist agencies in carrying out the
requirements of section 701 of the National Science and
Technology Policy, Organization, and Priorities Act of 1976,
including the collection, retention, and transmission of
covered communications through the portal established under
such section.
``(2) Accounting for and adapting for specific needs of
agencies.--In developing the standards and guidelines pursuant
to paragraph (1), the Director shall account for and, as
applicable, adapt such standards and guidelines to the specific
needs of each agency.
``(c) Elements.--The standards and guidelines required by
subsection (b) shall include recommendations regarding--
``(1) standard taxonomies and labeling of covered
communications to be transmitted to the portal described in
such subsection;
``(2) the collection and logging of communication metadata
for each covered communication;
``(3) standard formats to ensure interoperability of
covered communications transmitted to such portal;
``(4) data security standards and protocols for the
collection and transmission of covered communications to such
portal; and
``(5) audit, management, and monitoring controls for the
retention of covered communications by the agency.
``(d) Biennial Updates to the Standards and Guidelines.--Not less
than once every 2 years, the Director shall, in consultation with the
Secretary of Commerce, the Director of the Office of Science and
Technology Policy, and the Director of the Office of Management and
Budget, review the standards and guidelines issued under subsection (b)
and may revise and update such standards and guidelines as necessary.
``(e) Submission to the Director of the Office of Science and
Technology Policy.--The Director shall submit the standards and
guidelines developed under subsection (b), and any revisions made under
subsection (d), to the Director of the Office of Science and Technology
Policy for purposes of carrying out section 701 of the National Science
and Technology Policy, Organization, and Priorities Act of 1976.''.
SEC. 5. ESTABLISHMENT OF PORTAL FOR COVERED COMMUNICATIONS WITH
BROADCASTERS, PROVIDERS OF INTERACTIVE COMPUTER SERVICES,
AND PROVIDERS OF ARTIFICIAL INTELLIGENCE SYSTEMS.
The National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6611 et seq.) is amended by adding at
the end the following:
``TITLE VII--COMMUNICATIONS WITH BROADCASTERS, PROVIDERS OF INTERACTIVE
COMPUTER SERVICES, AND PROVIDERS OF ARTIFICIAL INTELLIGENCE SYSTEMS
``SEC. 701. PORTAL FOR COVERED COMMUNICATIONS WITH BROADCASTERS,
PROVIDERS OF INTERACTIVE COMPUTER SERVICES, AND PROVIDERS
OF ARTIFICIAL INTELLIGENCE SYSTEMS.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given such
term in section 3502 of title 44, United States Code.
``(2) Artificial intelligence system.--The term `artificial
intelligence system' has the meaning given to the term
`artificial intelligence' in section 5002 of the National
Artificial Intelligence Initiative Act of 2020 (15 U.S.C.
9401).
``(3) Broadcaster.--The term `broadcaster' has the meaning
given such term in section 723 of the Communications Act of
1934.
``(4) Communication, communication metadata, covered
communication, employee, and expression.--The terms
`communication', `communication metadata', `covered
communication', `employee', and `expression' have the meanings
given such terms in section 37 of the National Institute of
Standards and Technology Act.
``(5) Content action.--The term `content action' has the
meaning given such term in section 723 of the Communications
Act of 1934.
``(6) Information content provider and interactive computer
service.--The terms `information content provider' and
`interactive computer service' have the meanings given such
terms in section 230 of the Communications Act of 1934 (47
U.S.C. 230).
``(7) Portal.--The term `portal' means the covered
communications portal established by the Director of the Office
of Science and Technology Policy pursuant to subsection (c).
``(b) 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 37(e) of the National Institute of Standards and
Technology Act, the Director shall, in consultation with the Secretary
of Commerce and the Director of the Office of Management and Budget,
issue a requirement that the head of each agency--
``(1) adopt such standards and guidelines; and
``(2) comply with the requirements for transmission of
covered communications pursuant to subsection (c).
``(c) Establishment of Covered Communications Portal.--The Director
shall, in consultation with the Secretary of Commerce and the Director
of the Office of Management and Budget--
``(1) establish a portal for covered communications; and
``(2) require each head of an agency to transmit to the
portal, not less than once every 120 days, new or previously
unreported covered communications discovered through reasonable
efforts, including employee self-reporting.
``(d) Public Website for Covered Communications.--
``(1) In general.--Subject to paragraph (2), the Director
of the Office of Science and Technology Policy shall make
available on a publicly accessible, searchable website, a
detailed description of each covered communication, received by
the Director under subsection (c) that--
``(A) summarizes the contents of each covered
communication; and
``(B) identifies all requests, whether implied or
express, for content actions included in such covered
communications.
``(2) Availability of sensitive covered communications.--
``(A) In general.--The Director may, in
consultation with the Director of the Office of
Management and Budget and the applicable agency head,
redact information contained in a detailed description
of a covered communication, as described in paragraph
(1), before publication to the public, to the extent
that such information falls into an exemption described
in a paragraph of section 552(b) of title 5, United
States Code (commonly known as the `Freedom of
Information Act'), if--
``(i) the description includes markings
detailing the specific exemption under which
such redactions were made; and
``(ii) such information is unredacted when
an exemption is no longer applicable.
``(B) Availability to congress.--The full,
unredacted record of all covered communications shall
be made available to the Chairman and Ranking Member of
the Committee on Commerce, Science, 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 Congress, but
not less than once every fiscal year.
``(e) Provider Complaint Process.--
``(1) In general.--In establishing the publicly accessible,
searchable website under subsection (d), the Director shall
also establish a process within such website through which the
broadcaster, provider of an interactive computer service, or
provider of an artificial intelligence system may, without
retaliation by the Federal Government, submit a complaint
alleging that an officer or employee of the United States has
violated section 723(b) of the Communications Act of 1934.
``(2) Transmittal of complaint.--
``(A) Transmittal.--Not later than 15 days after
receiving a valid complaint pursuant to paragraph (1)
regarding an officer or employee of the United States,
the Director shall transmit such complaint to--
``(i) the Inspector General of the agency
that employs the officer or employee;
``(ii) the Chairman and Ranking Member of
the Committee on Commerce, Science, and
Transportation of the Senate; and
``(iii) the Chairman and Ranking Member of
the Committee on Energy and Commerce of the
House of Representatives.
``(B) Validity.--For purposes of this paragraph, a
complaint of the broadcaster, provider of an
interactive computer service, or provider of an
artificial intelligence system is considered valid if
the complaint--
``(i) is brought by an employee or an
authorized person acting on behalf of the
broadcaster or provider; and
``(ii) identifies the communication and
includes sufficient information to reasonably
substantiate an alleged violation of section
723(b) of the Communications Act of 1934.
``(f) Audits for Compliance With the National Institute of
Standards and Technology Standards and Guidelines.--
``(1) Audits required.--Not less frequently than once every
2 years, each Inspector General of an agency shall audit the
compliance of the agency of the Inspector General with--
``(A) the standards and guidelines required to be
adopted under subsection (b)(1); and
``(B) the requirements of paragraph (2) of
subsection (c) regarding transmittal of covered
communications to the portal established under
paragraph (1) of such subsection, 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 communication.
``(2) Transmittal of findings.--Not later than 7 days after
an Inspector General completes an audit under paragraph (1),
the Inspector General shall transmit a summary of the findings
of the Inspector General with respect to the audit to the
following:
``(A) The Director.
``(B) The Chairman and Ranking Member of the
Committee on Commerce, Science, and Transportation of
the Senate.
``(C) The Chairman and Ranking Member of the
Committee on Energy and Commerce of the House of
Representatives.''.
SEC. 6. SEVERABILITY.
If any provision of this Act, or any amendment made by this Act, is
determined to be unenforceable or invalid, the remaining provisions of
this Act and the amendments made by this Act shall not be affected.
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