S.Amdt. 4700

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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