[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2280. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. 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 section, 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--
       (A) 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; or
       (B) a State court of competent jurisdiction.
       (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, including any State government, may bring a 
     civil action in the United States District Court for the 
     District of Columbia 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 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 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.
                                 ______