S.Amdt. 2353

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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