Sec. 4. Employee prohibitions
621 words·~3 min read·
/bill/118/s/2425/is/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An employee acting under official authority or influence may not— 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— removing that speech from the applicable covered platform; suppressing that speech on the applicable covered platform; 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; labeling that speech as disinformation, misinformation, or false, or by making any similar characterization with respect to the speech; or otherwise blocking, banning, deleting, deprioritizing, demonetizing, deboosting, limiting the reach of, or restricting access to the speech; 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; 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 on behalf of the Executive agency employing the employee— enter into a partnership with a provider to monitor any content disseminated on the applicable covered platform; or 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. 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 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 a State court of competent jurisdiction. Notwithstanding any provision of title 5, United States Code, and subject to subparagraph (B), the head of an Executive agency employing an employee who violates any provision of paragraph
(1)(or, in the case of the head of an Executive agency who violates any provision of paragraph (1), the President) shall impose on that employee— disciplinary action consisting of removal, reduction in grade, suspension, or debarment from employment with the United States; a civil penalty in an amount that is not less than $10,000; ineligibility for any annuity under chapter 83 or 84 of title 5, United States Code; and permanent revocation of any applicable security clearance held by the employee. In the case of an employee described in section 2(4)(A)(ii)(I) who violates any provision of paragraph (1), in addition to any discipline that may be applicable under subparagraph
(A)of this paragraph, that employee shall be barred from working under any contract with the Federal Government. 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 the United States District Court for the District of Columbia for reasonable attorneys’ fees, injunctive relief, and actual damages against— the applicable Executive agency; and the employee of the applicable Executive agency who committed the violation. 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— covered information with respect to that person; or a statement made by that person on the applicable covered platform.