[House Report 117-496]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {     117-496

======================================================================


 
  RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT TO PROVIDE CERTAIN 
DOCUMENTS TO THE HOUSE OF REPRESENTATIVES RELATING TO ONLINE CENSORSHIP 
                          OF POLITICAL SPEECH

                                _______
                                

 September 26, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                             MINORITY VIEWS

                      [To accompany H. Res. 1237]

    The Committee on Energy and Commerce, to whom was referred 
the resolution (H. Res. 1237) of inquiry requesting the 
President to provide certain documents to the House of 
Representatives relating to online censorship of political 
speech, having considered the same, reports unfavorably thereon 
without amendment and recommend that the resolution not be 
agreed to.

                                CONTENTS

                                                                     Page
   I. Purpose and Summary.............................................  2
  II. Background and Need for the Legislation.........................  2
 III. Committee Hearings..............................................  3
  IV. Committee Consideration.........................................  3
   V. Committee Votes.................................................  3
  VI. Oversight Findings..............................................  5
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditure  5
VIII. Federal Mandates Statement......................................  5
  IX. Statement of General Performance Goals and Objectives...........  5
   X. Duplication of Federal Programs.................................  5
  XI. Committee Cost Estimate.........................................  5
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....  6
XIII. Advisory Committee Statement....................................  6
 XIV. Applicability to Legislative Branch.............................  6
  XV. Section-by-Section Analysis of the Legislation..................  6
 XVI. Changes in Existing Law Made by the Bill, as Reported...........  6
XVII. Minority Views..................................................  7

                         I. PURPOSE AND SUMMARY

    H. Res. 1237 requests the President to furnish to the House 
of Representatives, within 14 days of adoption, records in his 
possession, or any portion of any record, related to (1) 
communication or coordination between the Executive Office of 
the President (Executive Office) and social media companies 
regarding censorship, moderation, or removal of content on 
social media platforms; (2) a statement made by White House 
Press Secretary Jen Psaki on July 15, 2021; and (3) a statement 
made by Surgeon General Vivek Murphy regarding the 
Administration asking social media companies to ``take action 
against misinformation super spreaders on their platforms.''

                II. BACKGROUND AND NEED FOR LEGISLATION

    Under the Rules and precedents of the House, a resolution 
of inquiry is a means by which the House requests information 
from the President of the United States or the head of one of 
the executive departments. Such resolutions must ask for facts, 
documents, or specific information; they may not be used to 
request an opinion or require an investigation.
    Resolutions of inquiry, if properly drafted, are given 
privileged parliamentary status in the House. Clause 7 of rule 
XIII of the Rules of the House of Representatives requires the 
committee to which the resolution is referred to act on the 
resolution within 14 legislative days, or a motion to discharge 
the committee from consideration is considered privileged on 
the floor of the House.\1\
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    \1\House Rule XIII, clause 7.
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    H. Res. 1237 seeks to obtain from the President documents 
relating to the communications or coordination between the 
Executive Office and social media companies regarding what the 
sponsor believes to be censorship, moderation, or removal of 
content on these platforms. The resolution sponsor specifically 
requests documents from a July 15, 2021, press conference held 
by Surgeon General Vivek Murthy and then White House Press 
Secretary Jen Psaki in which the Administration discussed its 
ongoing efforts to combat medical disinformation on social 
media platforms like Facebook and Twitter. The bill sponsor 
requested the Executive Office furnish these documents within 
14 days.
    The U.S. Surgeon General's advisory report was made public 
following the July 15, 2021, White House press conference.\2\ 
In the report the Surgeon General discusses, with specificity, 
what medical misinformation is, how the spread of this 
information can harm Americans, and what everyone including the 
government can do to curb medical misinformation. Those steps 
included simple recommendations for individuals to better 
identify and avoid sharing health misinformation; for 
journalists, editors, and others to recognize, correct, and 
avoid amplifying misinformation; and for federal, state, and 
local governments to engage with private, non-profits, and 
research partners to explore the impact of health 
misinformation while identifying best practices to prevent and 
address it.\3\
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    \2\Health and Human Services, Office of the Surgeon General, 
Confronting Health Misinformation, (July 2021).
    \3\Id.
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    Following the release of the Surgeon General's report, the 
Committee held a bipartisan briefing on January 21, 2022, to 
discuss the report and actions that could be taken by Congress 
and the Administration to address health misinformation.
    On September 13, 2022, Ranking Member Rodgers, along with 
Subcommittee on Communications and Technology Ranking Member 
Latta, sent a letter to the Biden Administration requesting 
they provide records and materials similar to those requested 
in the Resolution of Inquiry.\4\
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    \4\Letter from Rep. Cathy McMorris Rodgers, Ranking Member, House 
Committee on Energy and Commerce, to President Joseph R. Biden (Sept. 
13, 2022).
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    Because the information referenced has either already been 
subject to public disclosure, committee oversight, or is the 
subject of oversight letters only very recently sent by the 
Minority, the Committee adversely reported H. Res. 1237 to the 
House floor.

                        III. COMMITTEE HEARINGS

    The Committee on Energy and Commerce has not held a hearing 
on the legislation.

                      IV. COMMITTEE CONSIDERATION

    H. Res. 1237 was introduced on July 20, 2022, by 
Representative Bishop (R-NC) and was referred to the Committee 
on Energy and Commerce. Subsequently, on July 21, 2022, the 
resolution was referred to the Subcommittee on Communications 
and Technology. The resolution was discharged from the 
Subcommittee on Communications and Technology on September 21, 
2022.
    On September 21, 2022, the Committee met in open markup 
session and ordered H. Res. 1237, without amendment, adversely 
reported to the House by a recorded vote of 30 yeas and 18 
nays.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were one record votes taken on H. 
Res. 1237, including a motion by Mr. Pallone ordering H. Res. 
1237 adversely reported to the House. The motion on final 
passage of the bill was approved by a record vote of 30 yeas to 
18 nays. The following are the record votes taken during 
Committee consideration, including the names of those members 
voting for and against:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to request 
the President to furnish to the House of Representatives, 
within 14 days of adoption, records in his possession, or any 
portion of any record, related to communication or coordination 
between the Executive Office and social media companies 
regarding censorship, moderation, or removal of content on 
social media platforms; a statement made by White House Press 
Secretary Jen Psaki on July 15, 2021; and a statement made by 
Surgeon General Vivek Murthy regarding the Administration 
asking social media companies to ``take action against 
misinformation super spreaders on their platforms.''

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of H. 
Res. 1237 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H. Res. 1237 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    H. Res. 1237 requests the President to furnish to the House 
of Representatives any record, related to communication or 
coordination between the Executive Office of the President and 
social media companies regarding censorship, moderation, or 
removal of content on social media platforms; a statement made 
by then White House Press Secretary Jen Psaki; and a statement 
made by Surgeon General Vivek Murthy.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H. 
Res. 1237.

                          XVII. MINORITY VIEWS

    H. Res. 1237, introduced by Rep. Dan Bishop (NC), requests 
copies of any document, record, audio recording, memorandum, 
call log, correspondence (electronic or otherwise), or other 
communication in President Biden's possession, or any portion 
of any document, record, audio recording, memorandum, call log, 
or correspondence (electronic or otherwise), or other 
communication that refers to or relates to the communication or 
coordination of the Biden administration and social media 
companies regarding censorship or content moderation.
    The Biden administration has demonstrated a repeated 
interest in using the power and influence of the Executive 
Branch to coerce private actors into censoring content which 
does not align with its political interests. On July 15, 2021, 
Surgeon General Vivek Murthy issued a Surgeon General Advisory 
on ``health misinformation'' in which the Surgeon General 
demanded, ``tech and social media companies must do more to 
address'' perceived health misinformation.\1\ At a press 
conference that same day, the Surgeon General decried 
technology companies facing ``little accountability'' for the 
spread of health misinformation.\2\ At the same press 
conference, White House Press Secretary Jen Psaki disclosed 
that the Surgeon General's office is monitoring content on 
technology platforms and that the Biden administration has been 
in ``regular touch with'' social media platforms to pressure 
them to ``move more quickly to remove harmful, violative 
posts.''\3\
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    \1\ U.S. Department of Health and Human Services, U.S. Surgeon 
General Issues Advisory During COVID-19 Vaccination Push Warning 
American Public About Threat of Health Misinformation (July 15, 2021), 
available at https://www.hhs.gov/about/news/2021/07/15/us-surgeon-
general-issues-advisory-during-covid-19-vaccination-push-warning-
american.html.
    \2\White House, Press Briefing by Press Secretary Jen Psaki and 
Surgeon General Dr. Vivek H. Murthy (July 15, 2021), available at 
https://www.whitehouse.gov/briefing-room/press-briefings
/2021/07/15/press-briefing-by-press-secretary-jen-psaki-and-surgeon-
general-dr-vivek-h-murthy-july-15-2021/.
    \3\Id.
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    It is clear from these actions that the White House has 
shown interest in having social media companies remove content 
that the White House deems as ``misinformation.'' But the White 
House should not be arbiters of truth, pressuring private 
companies to shut down speech that they deem is false or 
harmful.
    Yet, the Biden Administration has shown a pattern of 
behavior requesting private companies censor certain content. 
On February 1, 2022, Press Secretary Psaki applauded Spotify 
for adding disclaimers to certain episodes of The Joe Rogan 
Experience, but implicitly suggested Spotify deplatform Joe 
Rogan by demanding ``more . . . be done.''\4\ Subsequently, on 
March 3, 2022, the Surgeon General Murthy formally requested 
that technology companies submit information about COVID-19 
misinformation.\5\ The Surgeon General demanded information 
about the ``COVID-19 misinformation policies on individual 
technology platforms'' and, even more alarming, specific 
information about individuals who are considered to be 
``sources of COVID-19 misinformation.''\6\ As if this were not 
enough, the Biden Administration's Department of Homeland 
Security tried to establish a Disinformation Governance Board 
to continue their censorship mission.
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    \4\Steven Nelson, Psaki cheers Spotify warning on COVID podcasts, 
says `more' should be done, New York Post (Feb, 1, 2022), available at 
https://nypost.com/2022/02/01/psaki-cheers-spotify-warning-on-joe-
rogans-covid-podcasts/.
    \5\Davey Alba, The surgeon general calls on Big Tech to turn over 
Covid-19 misinformation data, New York Times (Mar. 3, 2022), available 
at https://www.nytimes.com/2022/03/03/technology/surgeon-general-covid-
misinformation.html.
    \6\ U.S. Department of Health and Human Services, Impact of Health 
Misinformation in the Digital Information Environment in the United 
States Throughout the COVID-19 Pandemic Request for Information, (Mar. 
4, 2022), available at https://public-inspection.federalregister.gov/
2022-04777.pdf.
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    In Bantam Books v. Sullivan, the Supreme Court held that a 
government agency violated the First Amendment by sending 
letters to private booksellers to ``inform'' them they were 
selling books and magazines the agency found objectionable. The 
agency's letters thanked the booksellers for their 
``anticipated cooperation'' and reminded them of the agency's 
duty to recommend prosecutions. The Court found that such 
behavior amounted to ``informal censorship'' because the effect 
of the letters was to intimidate the booksellers into 
suppressing the sale of the certain books and magazines. The 
Court found that such behavior amounted to an unconstitutional 
``scheme of state censorship.'' Here, the Biden Administration 
appears to be engaged in similar behavior.
    Republican leaders on the Committee have taken several 
steps to request documents, communications, and information 
regarding efforts by the Surgeon General, Press Secretary, and 
other Biden administration officials to censor conservatives 
and coerce social media platforms into censoring perceived 
``health misinformation.'' On July 21, 2021, 189 Republican 
Members of Congress sent a letter to President Biden requesting 
information about what social media platforms the 
administration was working with to coordinate the removal of 
certain content or certain users.\7\ On March 11, 2022, 
Republican Leaders of the Committees on Energy and Commerce, 
Judiciary, Oversight and Reform, and the Select Subcommittee on 
the Coronavirus Crisis sent a letter to Surgeon General Vivek 
Murthy specifically asking for documents and internal 
communications that are the subject of H. Res. 1237.\8\ These 
include documents and communications relating to the Surgeon 
General's March 7, 2022 Request for Information, communications 
between the Biden administration and social media platforms 
relating to COVID-19 misinformation policies, and 
communications between the Biden administration and social 
media platforms relating to moderation of specific individuals 
or specific content.\9\ Most recently, on September 13, 2022, 
Republicans requested President Biden hand over documents, 
information, and communications relating to meetings between 
Biden administration officials and private social media 
companies relating to censorship of certain content or 
individuals.\10\
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    \7\See, Letter from 189 Republican Members of Congress to President 
Biden, July 21, 2021, Available at: https://republicans-
energycommerce.house.gov/wp-content/uploads/2021/07/2021.07.22-WH-
Letter-on-Censorship-FINAL-CP5-1.pdf.
    \8\See, Letter from Ranking Members McMorris Rodgers, Jordan, 
Comer, and Scalise to Surgeon General Vivek Murthy, March 11, 2022. 
Available at: https://republicans-energycommerce.
house.gov/wp-content/uploads/2022/03/3.11.22-Letter-to-Surgeon-General-
Murthy-Final.pdf.
    \9\Id.
    \10\See, Letter from Republican Leaders McMorris Rodgers, Latta, 
and Bilirakis to President Biden, September 13, 2022. Available at: 
https://republicans-energycommerce.house.gov/wp-content/uploads/2022/
09/2022.09.13-WH-Document-Preservation-Request.pdf.
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    To date, the Committee has not received the documents, 
communications, or information in question. Knowing this 
information is crucial to our government's checks and balances 
and oversight responsibilities, to ensure that the Biden 
Administration is upholding the Constitution. Therefore, the 
Minority believes the Resolution of Inquiry is the proper next 
step to obtaining such information.

                                    Cathy McMorris Rodgers,
               Republican Leader, Committee on Energy and Commerce.

                                  [all]