Disclose Government Censorship Act

Subjects: Government Operations and Politics


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1672 Introduced in Senate (IS)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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