Accountability for Government Censorship Act

Bill: 118-hr-1162
Sponsor: full_name: Rep. Perry, Scott [R-PA-10]
Introduced: 2023-02-24
Policy area: Government Operations and Politics
Subjects: Congressional oversight

Federal officials

First Amendment rights

Government employee pay, benefits, personnel management

Government information and archives

Government studies and investigations
Latest action: action_date: 2023-02-28
text: Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 24 - 20.

Summaries:
action_date: 2023-02-24
action_desc: Introduced in House
text: <p><b>Accountability for Government Censorship Act</b></p> <p>This bill requires federal agencies to report any actions taken to suppress lawful speech on privately owned or operated platforms, including interactive computer services (e.g., social media). </p> <p>Agencies must report actions taken within the last five years to (1) remove or suppress lawful speech, (2) add disclaimers, information, or other alerts to lawful speech; or (3) remove or restrict access to a platform. Agencies must include specified details about these actions, including the names of the employees involved and the legal authority for taking the action.</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 1162 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.

1. Short title This Act may be cited as the Accountability for Government Censorship Act . 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) ).