[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9207 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9207
To prohibit Federal employees and contractors from directing online
platforms to censor any speech that is protected by the First Amendment
to the Constitution of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2024
Ms. Hageman (for herself and Mr. Bishop of North Carolina) introduced
the following bill; which was referred to the Committee on Oversight
and Accountability
_______________________________________________________________________
A BILL
To prohibit Federal employees and contractors from directing online
platforms to censor any speech that is protected by the First Amendment
to the Constitution of the United States, 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 ``Standing to Challenge Government
Censorship Act''.
SEC. 2. EMPLOYEE PROHIBITIONS.
(a) Definitions.--In this section:
(1) Covered information.--The term ``covered information''
means information relating to--
(A) a phone call;
(B) any type of digital communication, including a
post on a covered platform, an e-mail, a text, and a
direct message;
(C) a photo;
(D) shopping and commerce history;
(E) location data, including a driving route and
ride hailing information;
(F) an IP address;
(G) metadata;
(H) search history;
(I) the name, age, or demographic information of a
user of a covered platform; and
(J) a calendar item.
(2) Covered platform.--The term ``covered platform''
means--
(A) an interactive computer service, as that term
is defined in section 230(f) of the Communications Act
of 1934 (47 U.S.C. 230(f)); and
(B) any platform through which a media organization
disseminates information, without regard to whether the
organization disseminates that information--
(i) through broadcast or print;
(ii) online; or
(iii) through any other channel.
(3) Employee.--
(A) In general.--The term ``employee''--
(i) means an employee of an Executive
agency; and
(ii) includes--
(I) an individual, other than an
employee of an Executive agency,
working under a contract with an
Executive agency; and
(II) the President and the Vice
President.
(B) Rule of construction.--With respect to an
individual described in subparagraph (A)(ii)(I), solely
for the purposes of this Act, the Executive agency that
has entered into the contract under which the employee
is working shall be construed to be the Executive
agency employing the employee.
(4) Executive agency.--The term ``Executive agency''--
(A) has the meaning given the term in section 105
of title 5, United States Code; and
(B) includes the Executive Office of the President.
(5) Provider.--The term ``provider'' means a provider of a
covered platform.
(b) Prohibitions.--
(1) In general.--An employee acting under official
authority or influence may not--
(A) use any form of communication (without regard
to whether the communication is visible to members of
the public) to direct, coerce, compel, or encourage a
provider to take, suggest or imply that a provider
should take, or request that a provider take any action
to censor speech that is protected by the Constitution
of the United States, including by--
(i) removing that speech from the
applicable covered platform;
(ii) suppressing that speech on the
applicable covered platform;
(iii) removing or suspending a particular
user (or a class of users) from the applicable
covered platform or otherwise limiting the
access of a particular user (or a class of
users) to the covered platform;
(iv) labeling that speech as
disinformation, misinformation, or false, or by
making any similar characterization with
respect to the speech; or
(v) otherwise blocking, banning, deleting,
deprioritizing, demonetizing, deboosting,
limiting the reach of, or restricting access to
the speech;
(B) direct or encourage a provider to share with an
Executive agency covered information containing data or
information regarding a particular topic, or a user or
group of users on the applicable covered platform,
including any covered information shared or stored by
users on the covered platform;
(C) work, directly or indirectly, with any private
or public entity or person to take an action that is
prohibited under subparagraph (A) or (B); or
(D) on behalf of the Executive agency employing the
employee--
(i) enter into a partnership with a
provider to monitor any content disseminated on
the applicable covered platform; or
(ii) solicit, accept, or enter into a
contract or other agreement (including a no-
cost agreement) for free advertising or another
promotion on a covered platform.
(2) Exception.--Notwithstanding subparagraph (B) of
paragraph (1), the prohibition under that subparagraph shall
not apply with respect to an action by an Executive agency or
employee pursuant to a warrant that is issued by any court of
competent jurisdiction, including a court of the United States
of competent jurisdiction in accordance with the procedures
described in rule 41 of the Federal Rules of Criminal
Procedure.
(c) Private Right of Action.--
(1) In general.--A person, the account, content, speech, or
other information of which has been affected in violation of
this section, may bring a civil action in an appropriate
district court of the United States (and a State government,
the government of the District of Columbia, or the government
of a territory of the United States may bring a civil action in
an appropriate district court of the United States on behalf of
such a person, if that person is subject to the jurisdiction of
the applicable government) for reasonable attorneys' fees,
injunctive relief, and actual damages against--
(A) the applicable Executive agency; and
(B) the employee of the applicable Executive agency
who committed the violation.
(2) Presumption of liability.--In a civil action brought
under paragraph (1), there shall be a rebuttable presumption
against the applicable Executive agency or employee if the
person bringing the action, or the government bringing the
action on behalf of a person, demonstrates that the applicable
employee communicated with a provider on a matter relating to--
(A) covered information with respect to that
person; or
(B) a statement made by that person on the
applicable covered platform.
(3) Applicability.--A person or government described in
paragraph (1) may bring a civil action under this subsection
with respect to any violation of this section committed before,
on, or after the date of enactment of this Act.
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