[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;