Accountability for Government Censorship Act

Subjects: Government Operations and Politics, Congressional oversight, Federal officials, First Amendment rights, Government employee pay, benefits, personnel management, Government information and archives, Government studies and investigations


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1162 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1162

To require the Office of Management and Budget to report to Congress on 
 actions taken by Executive branch employees to censor lawful speech, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 2023

  Mr. Perry introduced the following bill; which was referred to the 
               Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL


 
To require the Office of Management and Budget to report to Congress on 
 actions taken by Executive branch employees to censor lawful speech, 
                        and for other purposes.

    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 ``Accountability for Government 
Censorship Act''.

SEC. 2. REPORTS ON FEDERAL AGENCY COMMUNICATIONS WITH PLATFORMS 
              REGARDING CENSORSHIP OF SPEECH.

    (a) Agency Report to OMB.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the head of each agency shall submit a 
        report to the Director of the Office of Management and Budget 
        listing each instance during the 5-year period immediately 
        preceding the date of enactment of this Act that an officer or 
        employee of the agency communicated with a platform (including 
        an interactive computer service) that is not owned and operated 
        by the Federal Government for the purposes of--
                    (A) removing or suppressing lawful speech, in whole 
                or in part, from or on any platform;
                    (B) adding any disclaimer, information, or other 
                alert to lawful speech expressed on any platform; or
                    (C) removing or restricting the access of any 
                person or entity to any platform.
            (2) Additional information.--With respect to any 
        communication listed pursuant to paragraph (1), the head of the 
        agency shall include the following information:
                    (A) The name of the sub-agency, bureau, or office 
                at which the officer or employee is employed.
                    (B) The name of any officer or employee involved in 
                the communication, including their position and direct 
                supervisor or supervisors.
                    (C) The statutory authority for making the 
                communication (if any), and if no such authority 
                exists, an explanation for why the agency viewed it in 
                their authority to take the action.
                    (D) The name of the platform that received the 
                communication, including the name and positions of 
                employees of the platform that were specifically 
                communicated with.
                    (E) A written justification summarizing and 
                explaining the purpose for taking the communication.
                    (F) A written summary of the outcome of the 
                communication.
                    (G) A list of any other agency that was involved 
                in, consulted with, or otherwise coordinated on the 
                communication.
            (3) Certification of no communications.--If an officer or 
        employee of an agency has not engaged in a communication 
        described under paragraph (1) during such 5-year period, the 
        head of that agency shall submit to the Director a 
        certification to that effect not later than 90 days after the 
        date of enactment of this Act.
    (b) OMB Report to Congress.--
            (1) In general.--Not later than 210 days after the date of 
        enactment of this Act, the Director shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Oversight and Accountability of the 
        House of Representatives a report, which may include a 
        classified annex, that includes--
                    (A) the information on communications submitted to 
                the Director by any agency pursuant to subsection (a); 
                and
                    (B) a summary of the agency communications reported 
                under subsection (a) organized by platform (including 
                an interactive computer service) that received such 
                communications.
            (2) Unclassified form.--The information included in the 
        report submitted by the Director listing communications under 
        subsection (a), descriptions of such communications under each 
        of subparagraphs (A) through (D) of subsection (a)(2), and the 
        summary under paragraph (1)(B) of this paragraph may not be 
        included in any classified annex and shall be submitted in 
        unclassified form.
    (c) Inspectors General Review and Enforcement.--
            (1) In general.--Not later than 210 days after the date of 
        enactment of this Act, each Inspector General of an agency that 
        submits a report or certification to the Director under 
        subsection (a) shall conduct a review of the agency's 
        compliance with the requirements of this Act and submit a 
        report on such compliance to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Oversight and Accountability of the House of Representatives.
            (2) Congressional briefing for agencies found to be 
        noncompliant.--An agency required to submit a report or 
        certification to the Director under subsection (a) that is 
        found by the agency's Inspector General to be noncompliant with 
        the requirements of this Act shall brief the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Accountability of the House of 
        Representatives not later than 60 days after the committee 
        receives an Inspector General report on an agency's compliance.
    (d) Definitions.--In this Act--
            (1) the term ``agency'' has the meaning given that term in 
        section 551(1) of title 5, United States Code, and includes any 
        office within the Executive Office of the President;
            (2) the term ``Director'' means the Director of the Office 
        of Management and Budget; and
            (3) the term ``interactive computer service'' has the 
        meaning given that term in section 230(f) of the Communications 
        Act of 1934 (47 U.S.C. 230(f)).
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