S. 4749

[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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