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)).