[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[Senate]
[Page S8282]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4700. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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. _____. DISCLOSE GOVERNMENT CENSORSHIP.

       (a) Definitions.--In this section:
       (1) 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).
       (2) 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.
       (3) National security purpose.--The term ``national 
     security purpose'' means a purpose that relates to--
       (A) intelligence activities;
       (B) cryptologic activities related to national security;
       (C) command and control of military forces;
       (D) equipment that is an integral part of a weapon or 
     weapons system; or
       (E) the direct fulfillment of military or intelligence 
     missions.
       (b) Disclosures.--
       (1) In general.--Except as provided in paragraph (3), 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 paragraph (4), any communication by that 
     officer or employee with a provider or operator of an 
     interactive computer service regarding action or potential 
     action by the provider or operator 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.
       (2) Timing.--The disclosure required under paragraph (1) 
     shall be made not later than 7 days after the date on which 
     the communication is made.
       (3) Legitimate law enforcement and national security 
     purposes.--
       (A) 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.
       (B) Timing.--The disclosure required under subparagraph (A) 
     shall be made not later than 60 days after the date on which 
     the communication is made.
       (C) 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 House of 
     Representatives or the Senate 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 House of 
     Representatives and the Senate; and
       (iii) as permitted by law.
       (4) Website.--
       (A) 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 paragraph (1).
       (B) 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 paragraph (1).
       (5) 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, 
     are informed of the duties imposed by this section.
       (6) 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 paragraph (1) while 
     serving as an officer, employee, or Member of Congress, shall 
     not, within 2 years after any such communication under 
     paragraph (1) 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 
     paragraph (1).
       (7) Penalties.--Any person who violates paragraph (1), (2), 
     (3), or (6) shall be punished as provided in section 216 of 
     title 18, United States Code.
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