Disclose Government Censorship Act
This bill requires officers and employees of the legislative and executive branches to disclose communications with providers of interactive computer services (e.g., internet service providers) regarding restricting speech.
Specifically, executive and legislative branch officers and employees must disclose their communications with a provider or operator of an interactive computer service regarding action to restrict access to material posted by another information content provider. The bill makes exceptions for legitimate law enforcement and national security purposes.
The disclosure must be made within seven days of the date on which the communication is made.
The bill establishes penalties for violations.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1672 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1672
To require officers and employees of the legislative and executive
branches to make certain disclosures related to communications with
information content providers and interactive computer services
regarding restricting speech.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Hagerty (for himself, Mr. Rounds, Mr. Rubio, Mr. Marshall, Ms.
Lummis, and Mr. Johnson) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To require officers and employees of the legislative and executive
branches to make certain disclosures related to communications with
information content providers and interactive computer services
regarding restricting speech.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disclose Government Censorship
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(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.
SEC. 3. DISCLOSURES.
(a) In General.--Except as provided in subsection (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 subsection (d), 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.
(b) Timing.--The disclosure required under subsection (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.--
(1) 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.
(2) Timing.--The disclosure required under paragraph (1)
shall be made not later than 60 days after the date on which
the communication is made.
(3) Receipt.--Upon receipt of a disclosure made under
paragraph (1), each House of Congress 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--
(A) in accordance with the rules of the committee;
(B) in accordance with the rules of the House of
Representatives and the Senate; and
(C) as permitted by law.
(d) Website.--
(1) 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
subsection (a).
(2) 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 subsection (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, are informed of the duties imposed by this section.
(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
subsection (a) while serving as an officer, employee, or Member of
Congress, shall not, within 2 years after any such communication under
subsection (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 subsection (a).
(g) Penalties.--Any person who violates subsection (a), (b), (c),
or (f) shall be punished as provided in section 216 of title 18, United
States Code.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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