Congressional Record, Senate Page S8282 — November 16, 2021
Summary
Congressional Record, Senate, November 16, 2021, pages S8282 and S8283, with amendments to the fiscal year 2022 military activities bill. The page opens partway through proposed text with an abortion neutrality provision and $200,000,000 for each of the fiscal years 2022 through 2026 for the Women's Global Development and Prosperity Fund. Mr. Hagerty submitted SA 4700, whose section requires officers and employees to disclose communications with an interactive computer service about restricting access to material. Mr. Hagerty also submitted SA 4701, with a Comptroller General report on the 2020 election due within 180 days and a suspension of election assistance grants before July 1, 2022.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, Senate Page S8282 — November 16, 2021.”
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S8282 CONGRESSIONAL RECORD — SENATE November 16, 2021
‘‘(3) have the rank and status of Ambas- (1) for fiscal year 2023, or for any later fiscal (B) TIMING.—The disclosure required under
sador-at-Large. year, may not be obligated or expended un- subparagraph (A) shall be made not later
‘‘(e) COORDINATION.—United States Govern- less the most recent report submitted pursu- than 60 days after the date on which the
ment efforts to advance women’s economic ant to subsection (g)(1) includes the informa- communication is made.
empowerment globally shall be closely tion required under subparagraphs (A) and (C) RECEIPT.—Upon receipt, each House
aligned and coordinated with the Initiative. (B) of subsection (g)(1). shall provide copies to the chairman and
‘‘(f) ABORTION NEUTRALITY.— ‘‘(3) OVERSIGHT.—The expenditure of ranking member of each standing committee
‘‘(1) PROHIBITIONS.—The Office, the Initia- amounts reserved under paragraph (1) shall with jurisdiction under the rules of the
tive, and the Ambassador may not— be jointly overseen by— House of Representatives or the Senate re-
‘‘(A) lobby other countries, including ‘‘(A) the United States Agency for Inter- garding the subject matter to which the
through multilateral mechanisms and for- national Development; communication pertains. Such information
eign nongovernmental organizations— ‘‘(B) the Ambassador; and shall be deemed the property of such com-
‘‘(i) to change domestic laws or policies ‘‘(C) the Initiative.’’. mittee and may not be disclosed except—
with respect to abortion; or (i) in accordance with the rules of the com-
‘‘(ii) to include abortion as a pro- SA 4700. Mr. HAGERTY submitted an mittee;
grammatic requirement of any foreign ac- amendment intended to be proposed to (ii) in accordance with the rules of the
tivities; or amendment SA 3867 submitted by Mr. House of Representatives and the Senate;
‘‘(B) provide Federal funding appropriated REED and intended to be proposed to and
for foreign assistance to pay for or to pro-
the bill H.R. 4350, to authorize appro- (iii) as permitted by law.
mote abortion.
priations for fiscal year 2022 for mili- (4) WEBSITE.—
‘‘(2) LIMITATIONS ON USE OF FUNDS.—
tary activities of the Department of (A) LEGISLATIVE BRANCH.—The Sergeant at
Amounts appropriated for the Office or the
Defense, for military construction, and Arms of the Senate and the Sergeant at
Initiative may not be used—
Arms of the House of Representatives shall
‘‘(A) to lobby other countries, including for defense activities of the Depart-
designate a single location on an internet
through multilateral mechanisms and for- ment of Energy, to prescribe military website where the disclosures and commu-
eign nongovernmental organizations— personnel strengths for such fiscal nications of employees and officers in the
‘‘(i) to change domestic laws or policies year, and for other purposes; which was legislative branch shall be published in ac-
with respect to abortion; or ordered to lie on the table; as follows: cordance with paragraph (1).
‘‘(ii) to include abortion as a pro-
At the appropriate place, insert the fol- (B) EXECUTIVE BRANCH.—The Director of
grammatic requirement of any foreign ac-
lowing: the Office of Management and Budget shall
tivities; or
SEC. lllll. DISCLOSE GOVERNMENT CENSOR- designate a single location on an internet
‘‘(B) to provide Federal foreign assistance SHIP. website where the disclosures and commu-
funding to pay for or to promote abortion. (a) DEFINITIONS.—In this section: nications of employees and officers in the ex-
‘‘(3) CONSTRUCTION.—Nothing in this sub- (1) INFORMATION CONTENT PROVIDER; INTER- ecutive branch shall be published in accord-
section may be construed to prevent— ACTIVE COMPUTER SERVICE.—The terms ‘‘in- ance with paragraph (1).
‘‘(A) the funding of activities for the pur- formation content provider’’ and ‘‘inter- (5) NOTICE.—The Sergeant at Arms of the
pose of treating injuries or illnesses caused active computer service’’ have the meanings Senate, the Sergeant at Arms of the House of
by legal or illegal abortions; or given the terms in section 230 of the Commu- Representatives, and the Director of the Of-
‘‘(B) agencies or officers of the United nications Act of 1934 (47 U.S.C. 230). fice of Management and Budget shall take
States from engaging in activities in opposi- (2) LEGITIMATE LAW ENFORCEMENT PUR- reasonable steps to ensure that each officer
tion to policies of coercive abortion or invol- POSE.—The term ‘‘legitimate law enforce- and employee of the legislative branch and
untary sterilization. ment purpose’’ means for the purpose of in-
‘‘(g) REPORT.—Not later than 180 days after executive branch, as applicable, are informed
vestigating a criminal offense by a law en- of the duties imposed by this section.
the date of the enactment of this section, forcement agency that is within the lawful
and not less frequently than annually there- (6) CONFLICTS OF INTEREST.—Any person
authority of that agency. who is a former officer or employee of the
after, the Secretary of State shall— (3) NATIONAL SECURITY PURPOSE.—The term
‘‘(1) submit a written report to the Com- executive branch of the United States (in-
‘‘national security purpose’’ means a purpose cluding any independent agency) or any per-
mittee on Appropriations of the Senate, the that relates to—
Committee on Foreign Relations of the Sen- son who is a former officer or employee of
(A) intelligence activities; the legislative branch or a former Member of
ate, the Committee on Appropriations of the (B) cryptologic activities related to na-
House of Representatives, and the Com- Congress, who personally and substantially
tional security; participated in any communication under
mittee on Foreign Affairs of the House of (C) command and control of military
Representatives that describes the imple- paragraph (1) while serving as an officer, em-
forces; ployee, or Member of Congress, shall not,
mentation of this section, including— (D) equipment that is an integral part of a
‘‘(A) measures taken to ensure compliance within 2 years after any such communication
weapon or weapons system; or under paragraph (1) or 1 year after termi-
with subsection (f); and (E) the direct fulfillment of military or in-
‘‘(B) with respect to funds appropriated nation of his or her service as an officer, em-
telligence missions. ployee, or Member of Congress, whichever is
pursuant to subsection (h)— (b) DISCLOSURES.—
‘‘(i) amounts awarded to prime recipients later, knowingly make, with the intent to
(1) IN GENERAL.—Except as provided in
and subrecipients since the end of the pre- influence, any communication to or appear-
paragraph (3), any officer or employee in the
vious reporting period; and ance before any officer or employee of any
executive or legislative branch shall disclose
‘‘(ii) descriptions of each program for department, agency, court, or court-martial
and, in the case of a written communication,
which such funds are used; and of the United States, on behalf of any person
make available for public inspection, on a
‘‘(2) make such report publicly available. with which the former officer or employee
public website in accordance with paragraph
‘‘(h) FUNDING.— personally and substantially participated in
(4), any communication by that officer or
‘‘(1) IN GENERAL.—There shall be reserved employee with a provider or operator of an such communication under paragraph (1).
to carry out this section, from funds made interactive computer service regarding ac- (7) PENALTIES.—Any person who violates
available for development assistance pro- tion or potential action by the provider or paragraph (1), (2), (3), or (6) shall be punished
grams of the United States Agency for Inter- operator to restrict access to or the avail- as provided in section 216 of title 18, United
national Development, $200,000,000, for each ability of, bar or limit access to, or decrease States Code.
of the fiscal years 2022 through 2026, which the dissemination or visibility to users of,
shall be— material posted by another information con- SA 4701. Mr. HAGERTY submitted an
‘‘(A) deposited into the Women’s Global tent provider, whether the action is or would amendment intended to be proposed to
Development and Prosperity Fund (W–GDP); be carried out manually or through use of an amendment SA 3867 submitted by Mr.
‘‘(B) administered by the United States algorithm or other automated or semi-auto- REED and intended to be proposed to
Agency for International Development; mated process.
‘‘(C) expended solely for the purpose, du- (2) TIMING.—The disclosure required under
the bill H.R. 4350, to authorize appro-
ties, and activities set forth in subsections paragraph (1) shall be made not later than 7 priations for fiscal year 2022 for mili-
(b) and (c); and days after the date on which the communica- tary activities of the Department of
‘‘(D) expended, to the greatest extent prac- tion is made. Defense, for military construction, and
ticable, in support of removing legal barriers (3) LEGITIMATE LAW ENFORCEMENT AND NA- for defense activities of the Depart-
dlhill on DSK120RN23PROD with SENATE
to women’s economic freedom in accordance TIONAL SECURITY PURPOSES.— ment of Energy, to prescribe military
with the findings of the W–GDP Women’s (A) IN GENERAL.—Any communication for a personnel strengths for such fiscal
Economic Freedom Index report published legitimate law enforcement purpose or na-
year, and for other purposes; which was
by the Council of Economic Advisers in Feb- tional security purpose shall be disclosed
ruary 2020. and, in the case of a written communication, ordered to lie on the table; as follows:
‘‘(2) REQUIREMENT.—Notwithstanding para- made available for inspection, to each House At the appropriate place, insert the fol-
graph (1), amounts reserved under paragraph of Congress. lowing:
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November 16, 2021 CONGRESSIONAL RECORD — SENATE S8283
SEC. ll. REPORT ON 2020 GENERAL ELECTION. Presidential election but did not apply to the SEC. ll. TEMPORARY SUSPENSION OF, AND RE-
2016 Presidential election. QUIREMENTS FOR, FUTURE ELEC-
(a) DEFINITIONS.—For purposes of this sec-
TION ASSISTANCE GRANTS.
tion: (ii) RELEVANT AUTHORITY FOR CHANGES.—If
(a) IN GENERAL.—Subtitle D of title II of
(1) 2016 PRESIDENTIAL ELECTION.—The term the Comptroller General determines that
the Help America Vote Act of 2002 (52 U.S.C.
‘‘2016 Presidential election’’ means the gen- there were changes in the State’s mail-in 20901 et seq.) is amended by adding at the end
eral election for Federal office occurring in voter verification procedures described in the following new part:
2016. clause (i), the Comptroller General shall pro-
(2) 2020 PRESIDENTIAL ELECTION.—The term ‘‘PART 7—REQUIREMENTS FOR ELECTION
vide a description of any authority (includ- ASSISTANCE
‘‘2020 Presidential election’’ means the gen- ing any statutory authority), action, or di-
eral election for Federal office occurring in ‘‘SEC. 297. SUSPENSION OF ELECTION ASSIST-
rective that led to such change. ANCE.
2020. (C) OTHER ELECTION PROCEDURES.—
(3) APPLICABLE ELECTION SECURITY FUNDS.— ‘‘(a) IN GENERAL.—Notwithstanding any
(i) IN GENERAL.—An analysis of whether other provision of law, no grant may be
The term ‘‘applicable election security
the State materially altered or changed its awarded under this Act before July 1, 2022.
funds’’ means the amount of grant funding
election procedures for the 2020 Presidential ‘‘(b) SUSPENSION OF PREVIOUS GRANTS.—No
provided to the State by the Election Assist- State may expend Federal funds provided
election (other than procedures described in
ance Commission— under this Act before the date of the enact-
(A) from amounts appropriated under the subparagraph (B)) from the procedures in ef-
fect for the 2016 Presidential election. ment of this section before July 1, 2022.
heading ‘‘Election Assistance Commission, ‘‘SEC. 298. REQUIREMENTS FOR FUTURE ELEC-
Election Security Grants’’ in the Financial (ii) RELEVANT AUTHORITY FOR CHANGES.—If
TION ASSISTANCE.
Services and General Government Appropria- the Comptroller General determines that
‘‘(a) IN GENERAL.—Notwithstanding any
tions Act, 2020 (Public Law 116–93); or there were changes in the election proce-
other provision of law, no State may receive
(B) from amounts appropriated under the dures described in clause (i), the Comptroller
any grant awarded under this Act after the
heading ‘‘Election Assistance Commission, General shall provide a description of any date of the enactment of this section unless
Election Security Grants’’ in the authority (including any statutory author- the State has certified by resolution adopted
Coronavirus Aid, Relief, and Economic Secu- ity), action, or directive that led to such by the State legislature, as a condition of re-
rity Act (Public Law 116–136). change. ceiving the grant, that it is in compliance
(4) STATE.—The term ‘‘State’’ has the (D) MAIL-IN BALLOT COLLECTION.— with the requirements of subsection (b).
meaning given such term under section 901 of (i) IN GENERAL.—An analysis of whether ‘‘(b) REQUIREMENTS.—
the Help America Vote Act of 2002 (52 U.S.C. there were specific, documented allegations ‘‘(1) IN GENERAL.—A State satisfies the re-
21141), except that such term shall include of a person other than a voter or a voter’s quirements of this section if, in connection
the Commonwealth of the Northern Mariana family member or caregiver collecting or re- with any election for Federal office—
Islands. turning the voter’s completed ballot in the ‘‘(A) the methods and processes used by the
(5) UNSOLICITED MAIL-IN BALLOT.—The term 2020 Presidential election. State to verify the identification of voters
‘‘unsolicited mail-in ballot’’ means any bal- (ii) RELEVANT AUTHORITY FOR COLLECTION.— who vote using mail-in ballots are specifi-
lot sent to a voter by mail if— If the Comptroller General determines that cally set forth in statute;
(A) such ballot was not specifically re- there were specific, documented allegations ‘‘(B) except as specifically provided by
quested by the voter; or described in clause (i), the Comptroller Gen- statute—
(B) the ballot request by the voter was ini- ‘‘(i) the State does not use unsolicited
eral shall provide a description of any au-
tiated by the mailing of a ballot application mail-in balloting; and
thority (including any statutory authority),
not specifically requested by the voter. ‘‘(ii) the State does not permit persons
action, or directive permitting such collec- other than the voter or the voter’s family
(6) UNSOLICITED MAIL-IN BALLOT PERCENT-
tion or return. members or caregivers to return a voter’s
AGE.—The term ‘‘unsolicited mail-in ballot
(E) OBSERVATION OF BALLOT COUNTING.—An completed ballot;
percentage’’ means the number of unsolic-
analysis of whether the State has a statute ‘‘(C) for any election after the last day
ited mail-in ballots distributed in the State
as a percentage of the number of total bal- providing for third-party observation of bal- that the public health emergency declared
lots provided to voters in the State. lot counting, and if so, whether there were by the Secretary of Health and Human Serv-
specific, documented instances in connection ices under section 319 of the Public Health
(b) REPORT.—
(1) IN GENERAL.—Not later than 180 days with the 2020 Presidential election in which Service Act (42 U.S.C. 247d) on January 31,
after the date of the enactment of this Act, the State is alleged to have failed to comply 2020, with respect to COVID–19, is in effect,
the Comptroller General shall submit to with such statute. the State uses all voting procedures in place
Congress and make publicly available a re- (F) FAILURE TO ENFORCE.—An analysis of as of January 1, 2020 (except as modified by
port on the 2020 Presidential election. whether there were specific, documented in- State statutes applying to elections after
(2) MATTERS INCLUDED.—The report sub- stances in connection with the 2020 Presi- such date);
mitted under paragraph (1) shall include the dential election in which the State allegedly ‘‘(D) in the case of State that has a law
following with respect to each State: that re- failed to enforce one or more of its election providing for third-party observation of bal-
ceived applicable election security funds: statutes (other than a statute described in lot counting, such ballot observation law is
(A) UNSOLICITED MAIL-IN BALLOT PERCENT- subparagraph (E)). strictly followed in all instances;
AGE.— (G) USE OF APPLICABLE ELECTION SECURITY ‘‘(E) the State complies with all require-
(i) IN GENERAL.—An analysis of whether FUNDS.—In the case of a State that received ments under title III; and
the unsolicited mail-in ballot percentage for applicable election security funds, an anal- ‘‘(F) the State has taken documented, af-
State for the 2020 Presidential election was ysis of— firmative measures to address—
greater than the unsolicited mail-in ballot (i) whether such funds were used to make ‘‘(i) any prior failure to satisfy the require-
percentage for the State for the 2016 Presi- expenditures with respect to the 2020 Presi- ments of subparagraphs (A) through (E) that
dential election. is identified by the State legislature in a res-
dential election;
(ii) RELEVANT AUTHORITY FOR ANY IN- olution (or other similar communication
(ii) whether such funds were used in con-
CREASE.—If the Comptroller General deter- submitted to Congress and the Comptroller
nection with any activity carried out pursu-
mines that the unsolicited mail-in ballot General); or
ant to an authority, action, or directive de- ‘‘(ii) any prior specific, documented in-
percentage for the State for the 2020 Presi- scribed in subparagraph (A)(ii), (B)(ii),
dential election was greater than the unso- stance in which the State—
(C)(ii), or (D)(ii); and ‘‘(I) failed to enforce one or more of its
licited mail-in ballot percentage for the (iii) whether the State complied with all
State for the 2016 Presidential election, the election statutes; or
statutory and other conditions imposed in ‘‘(II) materially altered or changed its
Comptroller General shall provide a descrip-
connection with the receipt of such funds. election procedures without a corresponding
tion of any change in authority (including
(H) SUBSEQUENT STATE ACTIONS.—A descrip- state statutory enactment.
any statutory change relating to the dis-
tion of any of the following actions taken by ‘‘(2) UNSOLICITED MAIL-IN BALLOTING.—For
tribution of unsolicited mail-in ballots), ac-
tion, or directive concerning unsolicited the State legislature: purposes of paragraph (1)(B), the term ‘unso-
mail-in ballots occurring between the 2016 (i) The passage of a resolution expressing licited mail-in balloting’ means the process
Presidential election and 2020 Presidential an opinion on, or the submission to Congress of sending ballots to a voter by mail if—
election that may have led to such result. or the Comptroller General of a communica- ‘‘(A) such ballot was not specifically re-
(B) MAIL-IN VOTER VERIFICATION PROCE- tion relating to, the items described in sub- quested by the voter; or
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DURES.— paragraphs (A) through (G). ‘‘(B) the ballot request by the voter was
(i) IN GENERAL.—An analysis of whether (ii) The enactment, after the completion of initiated by the mailing of a ballot applica-
there were changes in the State’s methods the 2020 Presidential election, of legislation tion not specifically requested by the voter.
and processes used to verify the identifica- regarding any authority, action, or directive ‘‘PART 8—PROHIBITION ON USE OF FUNDS
tion of voters who vote using mail-in ballots, described in subparagraph (A)(ii), (B)(ii), ‘‘SEC. 299. PROHIBITION ON USE OF FUNDS.
including signature verification require- (C)(ii), or (D)(ii) or any failure described in ‘‘Notwithstanding any other provision of
ments, that applied with respect to the 2020 subparagraph (E) or (F). law, any amounts provided under this Act
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S8284 CONGRESSIONAL RECORD — SENATE November 16, 2021
shall not be used in furtherance of any elec- ‘‘(3) to encourage the development of tech- ‘‘(A) consumers to make informed choices
tion procedure that is not expressly set forth nologies which maximize user control over regarding use of the interactive computer
in a statute enacted by the State legisla- what information is received by individuals, service provided by the company; and
ture.’’. families, and schools who use the internet ‘‘(B) persons to develop, market, and main-
(b) CONFORMING AMENDMENT.—The table of and other interactive computer services, tain consumer-driven content management
contents in section 1(b) of the Help America rather than control and censorship driven by mechanisms with respect to the interactive
Vote Act of 2002 is amended by inserting interactive computer services; computer service provided by the company.
after the item relating to section 296 the fol- ‘‘(4) to facilitate the development and uti- ‘‘(2) BEST PRACTICES.—The Commission,
lowing: lization of blocking and filtering tech- after soliciting comments from the public,
‘‘PART 7—REQUIREMENTS FOR ELECTION nologies that empower parents to restrict shall publish best practices for common car-
ASSISTANCE their children’s access to objectionable or in- rier technology companies to disclose con-
‘‘Sec. 297. Suspension of election assistance. appropriate online material; tent management, moderation, promotion,
‘‘Sec. 298. Requirements for future election ‘‘(5)(A) to ensure that the internet serves account termination and suspension, and
assistance. as an open forum for— curation mechanisms and practices in ac-
‘‘PART 8—PROHIBITION ON USE OF FUNDS ‘‘(i) a true diversity of discourse and view- cordance with paragraph (1).
‘‘Sec. 299. Prohibition on use of funds.’’. points, including political discourse and ‘‘(3) APPLICABILITY TO BROADBAND.—Para-
--- viewpoints; graph (1) shall not apply with respect to the
SA 4702. Mr. HAGERTY submitted an ‘‘(ii) unique opportunities for cultural de- provision of broadband internet access serv-
amendment intended to be proposed to velopment; and ice.
amendment SA 3867 submitted by Mr. ‘‘(iii) myriad avenues for intellectual ac- ‘‘(e) PROTECTION FOR ‘GOOD SAMARITAN’
REED and intended to be proposed to tivity; and BLOCKING AND SCREENING OF OFFENSIVE MA-
the bill H.R. 4350, to authorize appro- ‘‘(B) given that the internet is the domi- TERIAL.—
nant platform for communication and public ‘‘(1) TREATMENT OF PUBLISHER OR SPEAK-
priations for fiscal year 2022 for mili- debate today, to ensure that major internet ER.—
tary activities of the Department of communications platforms, which function ‘‘(A) IN GENERAL.—No provider or user of
Defense, for military construction, and as common carriers in terms of their size, an interactive computer service shall be
for defense activities of the Depart- usage, and necessity, are available to all treated as the publisher or speaker of any
ment of Energy, to prescribe military users on reasonable and non-discriminatory material provided by another information
personnel strengths for such fiscal terms free from public or private censorship content provider.
year, and for other purposes; which was of religious and political speech; ‘‘(B) EXCEPTION.—Subparagraph (A) shall
ordered to lie on the table; as follows: ‘‘(6) to promote consumer protection and not apply to any affirmative act by a pro-
At the appropriate place, insert the fol- transparency regarding information and con- vider or user of an interactive computer
lowing: tent management practices by major inter- service with respect to material posted on
SEC. llll. REASONABLE, NON-DISCRIMINA- net platforms to— the interactive computer service, whether
TORY ACCESS TO ONLINE COMMU- ‘‘(A) ensure that consumers understand— the act is carried out manually or through
NICATIONS PLATFORMS; BLOCKING ‘‘(i) the products they are using; and use of an algorithm or other automated or
AND SCREENING OF OFFENSIVE MA- ‘‘(ii) what information is being presented semi-automated process, including—
TERIAL. to them and why; and ‘‘(i) providing its own material;
(a) IN GENERAL.—Part I of title II of the ‘‘(B) prevent deceptive or undetectable ac- ‘‘(ii) commenting or editorializing on, pro-
Communications Act of 1934 (47 U.S.C. 201 et tions that filter the information presented to moting, recommending, or increasing or de-
seq.) is amended— consumers; and creasing the dissemination or visibility to
(1) by striking section 230; and ‘‘(7) to ensure vigorous enforcement of Fed- users of its own material or material pro-
(2) by adding at the end the following: eral criminal laws to deter and punish traf- vided by another information content pro-
‘‘SEC. 232. REASONABLE, NON-DISCRIMINATORY ficking in online obscenity, stalking, and vider;
ACCESS TO ONLINE COMMUNICA- harassment.
TIONS PLATFORMS; BLOCKING AND ‘‘(iii) restricting access to or availability
SCREENING OF OFFENSIVE MATE- ‘‘(c) REASONABLE AND NONDISCRIMINATORY of material provided by another information
RIAL. ACCESS TO COMMON CARRIER TECHNOLOGY content provider; or
‘‘(a) FINDINGS.—Congress finds the fol- COMPANIES.— ‘‘(iv) barring or limiting any information
lowing: ‘‘(1) IN GENERAL.—A common carrier tech- content provider from using the interactive
‘‘(1) The rapidly developing array of inter- nology company, with respect to the inter- computer service.
net and other interactive computer services active computer service provided by the ‘‘(2) CIVIL LIABILITY.—
available to individual Americans represent company— ‘‘(A) IN GENERAL.—No provider or user of
an extraordinary advance in the availability ‘‘(A) shall furnish the interactive computer an interactive computer service shall be held
of educational and informational resources service to all persons upon reasonable re- liable, under subsection (c) or otherwise, on
to our citizens. quest; account of—
‘‘(2) These services often offer users a great ‘‘(B) may not unjustly or unreasonably dis- ‘‘(i) any action voluntarily taken in good
degree of control over the information that criminate in charges, practices, classifica- faith to restrict access to or availability of
they receive, as well as the potential for tions, regulations, facilities, treatment, or material that the provider or user considers
even greater control in the future as tech- services for or in connection with the fur- to be obscene, lewd, lascivious, filthy, exces-
nology continues to develop. nishing of the interactive computer service, sively violent, harassing, promoting self-
‘‘(3) The internet and other interactive directly or indirectly, by any means or de- harm, or unlawful, whether or not such ma-
computer services offer a forum for a true di- vice; terial is constitutionally protected; or
versity of political discourse and viewpoints, ‘‘(C) may not make or give any undue or ‘‘(ii) any action taken to enable or make
unique opportunities for cultural develop- unreasonable preference or advantage to any available to information content providers
ment, and myriad avenues for intellectual particular person, class of persons, political or others the technical means to restrict ac-
activity, and regulation of the internet must or religious group or affiliation, or locality; cess to material described in clause (i).
be tailored to supporting those activities. and ‘‘(B) DEFINITIONS.—For purposes of sub-
‘‘(4) The internet and other interactive ‘‘(D) may not subject any particular per- paragraph (A)—
computer services have flourished, to the son, class of persons, political or religious ‘‘(i) the term ‘excessively violent’, with re-
benefit of all Americans, with a minimum of group or affiliation, or locality to any undue spect to material, means material that—
government regulation, and regulation or unreasonable prejudice or disadvantage. ‘‘(I) is likely to be deemed violent and for
should be limited to what is necessary to ‘‘(2) APPLICABILITY TO BROADBAND.—Para- mature audiences according to the V-chip
preserve the societal benefits provided by graph (1) shall not apply with respect to the regulations and TV Parental Guidelines of
the internet. provision of broadband internet access serv- the Commission promulgated under sections
‘‘(5) Increasingly Americans rely on inter- ice. 303(x) and 330(c)(4); or
net platforms and websites for a variety of ‘‘(II) constitutes or intends to advocate do-
political, educational, cultural, and enter- ‘‘(d) CONSUMER PROTECTION AND TRANS- mestic terrorism or international terrorism,
tainment services and for communication PARENCY REGARDING COMMON CARRIER TECH- as defined in section 2331 of title 18, United
with one another. NOLOGY COMPANIES.— States Code;
‘‘(b) POLICY.—It is the policy of the United ‘‘(1) IN GENERAL.—A common carrier tech- ‘‘(ii) the term ‘harassing’ means material
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States— nology company shall disclose, through a that—
‘‘(1) to promote the continued development publicly available, easily accessible website, ‘‘(I) is—
of the internet and other interactive com- accurate material regarding the content ‘‘(aa) provided by an information content
puter services and other interactive media; management, moderation, promotion, ac- provider with the intent to abuse, threaten,
‘‘(2) to preserve a vibrant and competitive count termination and suspension, and or harass any specific person; and
free market for the internet and other inter- curation mechanisms and practices of the ‘‘(bb) lacking in any serious literary, artis-
active computer services; company sufficient to enable— tic, political, or scientific value;
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File and source
- File
- CREC_crec-2021-11-16_crec-2021-11-16-pt1-pgs8282-2.pdf
- Size
- 248,141 bytes
- SHA-256
- 649e1fc6b8f345a571c92b9254b274d2e9a9465c5b7e8f93b6d837583019a08d
- Original
- www.govinfo.gov