S.Amdt. 2280

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.
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