[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Page S5745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2353. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _____. ENSURING DISCLOSURE OF ADVOCACY BY FEDERAL 
                   OFFICERS AND EMPLOYEES FOR RESTRICTING ACCESS 
                   TO MATERIAL POSTED BY INFORMATION CONTENT 
                   PROVIDERS.

       (a) Restriction.--None of the amounts made available under 
     this Act or an amendment made by this Act may be expended by 
     an agency, office, or other establishment within the 
     executive or legislative branch of the Federal Government if 
     an officer or employee of the agency, office, or other 
     establishment violates subparagraph (A), (B), or (C) of 
     subsection (b)(2).
       (b) Required Disclosures.--
       (1) Definitions.--In this subsection:
       (A) Information content provider; interactive computer 
     service.--The terms ``information content provider'' and 
     ``interactive computer service'' have the meanings given the 
     terms in section 230 of the Communications Act of 1934 (47 
     U.S.C. 230).
       (B) Legitimate law enforcement purpose.--The term 
     ``legitimate law enforcement purpose'' means for the purpose 
     of investigating a criminal offense by a law enforcement 
     agency that is within the lawful authority of that agency.
       (C) National security purpose.--The term ``national 
     security purpose'' means a purpose that relates to--
       (i) intelligence activities;
       (ii) cryptologic activities related to national security;
       (iii) command and control of military forces;
       (iv) equipment that is an integral part of a weapon or 
     weapons system; or
       (v) the direct fulfillment of military or intelligence 
     missions.
       (2) Disclosures.--
       (A) In general.--Except as provided in subparagraph (C), 
     any officer or employee in the executive or legislative 
     branch shall disclose and, in the case of a written 
     communication, make available for public inspection, on a 
     public website in accordance with subparagraph (D), any 
     communication by that officer or employee with a provider of 
     an interactive computer service regarding action or potential 
     action by the provider to restrict access to or the 
     availability of, bar or limit access to, or decrease the 
     dissemination or visibility to users of, material posted by 
     another information content provider, whether the action is 
     or would be carried out manually or through use of an 
     algorithm or other automated or semi-automated process.
       (B) Timing.--The disclosure required under subparagraph (A) 
     shall be made not later than 7 days after the date on which 
     the communication is made.
       (C) Legitimate law enforcement and national security 
     purposes.--
       (i) In general.--Any communication for a legitimate law 
     enforcement purpose or national security purpose shall be 
     disclosed and, in the case of a written communication, made 
     available for inspection, to each House of Congress.
       (ii) Timing.--The disclosure required under clause (i) 
     shall be made not later than 60 days after the date on which 
     the communication is made.
       (iii) Receipt.--Upon receipt, each House shall provide 
     copies to the chairman and ranking member of each standing 
     committee with jurisdiction under the rules of the Senate or 
     the House of Representatives regarding the subject matter to 
     which the communication pertains. Such information shall be 
     deemed the property of such committee and may not be 
     disclosed except--

       (I) in accordance with the rules of the committee;
       (II) in accordance with the rules of the Senate and the 
     House of Representatives; and
       (III) as permitted by law.

       (D) Website.--
       (i) Legislative branch.--The Sergeant at Arms of the Senate 
     and the Sergeant at Arms of the House of Representatives 
     shall designate a single location on an internet website 
     where the disclosures and communications of employees and 
     officers in the legislative branch shall be published in 
     accordance with subparagraph (A).
       (ii) Executive branch.--The Director of the Office of 
     Management and Budget shall designate a single location on an 
     internet website where the disclosures and communications of 
     employees and officers in the executive branch shall be 
     published in accordance with subparagraph (A).
       (E) Notice.--The Sergeant at Arms of the Senate, the 
     Sergeant at Arms of the House of Representatives, and the 
     Director of the Office of Management and Budget shall take 
     reasonable steps to ensure that each officer and employee of 
     the legislative branch and executive branch, as applicable, 
     is informed of the duties imposed by this paragraph.
       (F) Conflicts of interest.--Any person who is a former 
     officer or employee of the executive branch of the United 
     States (including any independent agency) or any person who 
     is a former officer or employee of the legislative branch or 
     a former Member of Congress, who personally and substantially 
     participated in any communication under subparagraph (A) 
     while serving as an officer, employee, or Member of Congress, 
     shall not, within 2 years after any such communication under 
     subparagraph (A) or 1 year after termination of his or her 
     service as an officer, employee, or Member of Congress, 
     whichever is later, knowingly make, with the intent to 
     influence, any communication to or appearance before any 
     officer or employee of any department, agency, court, or 
     court-martial of the United States, on behalf of any person 
     with which the former officer or employee personally and 
     substantially participated in such communication under 
     subparagraph (A).
       (G) Penalties.--Any person who violates subparagraph (A), 
     (B), (C), or (F) shall be punished as provided in section 216 
     of title 18, United States Code.
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