Accountability for Government Censorship Act

Summary of HR 9133 — Accountability for Government Censorship Act

Purpose and intent

• Establishes a framework to document and report on any communications by federal agencies with non-government platforms (including interactive computer services) about removing, restricting, or altering lawful speech.
• Aims to increase transparency and oversight of potential government actions that influence content on private or non-federal platforms.

Key provisions and changes

• Reporting by federal agencies (a)

  • Within 90 days after enactment, each agency head must submit a report to the Director of the Office of Management and Budget (OMB) detailing any instance in the 5-year period prior to enactment where an agency officer or employee communicated with a platform not owned/operated by the federal government for purposes including:
  • Removing or suppressing lawful speech (in whole or part)
  • Adding disclaimers or alerts to lawful speech
  • Removing or restricting access to a platform
  • For each listed communication, the report must include:
  • Sub-agency, bureau, or office and the involved officer/employee (with position and direct supervisors)
  • The statutory authority for the communication (or an explanation if none exists)
  • The platform and specific platform personnel involved
  • Written justification for the communication
  • Written summary of the outcome
  • Any other agency involvement or coordination
  • If an agency did not engage in any such communication during the past 5 years, the agency head must certify this within 90 days of enactment.

• OMB reporting to Congress (b)

  • Within 210 days after enactment, the Director must submit a report to specified committees (Senate Homeland Security and Governmental Affairs; House Oversight and Accountability) containing:
  • The agency communications reported under (a)
  • A summary of communications organized by platform
  • The report (including summaries and descriptions) must be provided in unclassified form; a classified annex may be included if necessary.

• Inspector General oversight (c)

  • Within 210 days after enactment, each agency IG that submits a report or certification must review the agency’s compliance with the Act and report findings to the same Senate and House committees.
  • If an agency is found noncompliant, the IG-announced noncompliance requires the agency to brief the specified congressional committees within 60 days.

• Definitions (d)

  • “Agency” follows the standard 5 U.S.C. 551(1) definition and includes offices within the Executive Office of the President.
  • “Director” means the Director of the OMB.
  • “Interactive computer service” follows the meaning in 47 U.S.C. 230(f) (commonly including third-party platforms and services).

Who/what is affected

• Federal agencies and their officers/employees who interact with non-government platforms regarding speech content.
• Platforms (including social media and other private/interactive services) that receive communications from the government about speech content.
• Office of Management and Budget (OMB) as the central collector and organizer of agency reports and the primary conduit to Congress.
• Inspectors General for each agency, charged with evaluating compliance and reporting findings.
• Congressional committees (Senate Homeland Security and Governmental Affairs; House Oversight and Accountability) for oversight and briefing.

Procedural and timeline aspects

• Immediate reporting requirements:
  • 90 days after enactment: agencies provide initial reports and certifications for the prior 5-year period.
• Congressional reporting:
  • 210 days after enactment: OMB delivers unclassified (and potentially classified) report to Congress, with a structured summary by platform.
• Oversight:
  • IG reviews due within 210 days; noncompliance triggers a mandatory briefing within 60 days of IG findings.
• Definitions and scope:
  • Applies to communications about removing, suppressing, or modifying speech, or restricting access on non-federal platforms.
  • Covers both the authority and justification for such communications, plus coordination with other agencies.

Potential impact and considerations

• Creates formal documentation and public (unclassified) reporting of any government efforts to influence content on private platforms.
• Enhances congressional and IG oversight of potential censorship-related activities by federal agencies.
• Could affect interagency communications strategies and the way agencies justify policies related to content moderation on third-party platforms.
• The act relies on retrospective five-year data and could require substantial compilation from multiple agencies; there is a mechanism for certification if no communications occurred.

Note: This summary reflects the bill text as introduced and action history up to the stated reference.