II 

117TH CONGRESS 

1ST SESSION S. 2152 

To direct the Federal Communications Commission to promulgate regulations 

requiring material in the online public inspection file of a covered entity 

to be made available in a format that is machine-readable. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2021 

Mr. LUJA ́N introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To direct the Federal Communications Commission to promulgate regulations requiring material in the online public inspection file of a covered entity to be made available 

in a format that is machine-readable. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair and Clear Cam5 paign Transparency Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) On May 9, 2013, President Barack Obama 

2 issued Executive Order 13642 (78 Fed. Reg. 28111 

3 (May 14, 2013)), which made open and machine4 readable data the new default for Federal Govern5 ment information. 

6 (2) Open data principles are essential for trans7 parency and efficiency in government. 

8 (3) In 2012, the Federal Communications Com9 mission required television broadcast stations to post 

10 on an online database hosted by the Commission cer11 tain materials in the files that those stations are re12 quired to maintain and make available for public in13 spection, including important information about the 

14 purchasing of political advertisements. In 2016, the 

15 Commission extended the online public inspection 

16 file requirement to providers of cable and satellite 

17 television service, radio broadcast stations, and pro18 viders of satellite radio service. 

19 (4) The Commission declined to require those 

20 materials to be machine-readable, deciding at the 

21 time that it was more important to get the informa22 tion online faster. 

23 (5) Machine readability is a critical component 

24 of open government and provides interested parties 


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1 with the necessary access to evaluate data in a more 

2 comprehensive way. 

3 SEC. 3. MATERIAL IN ONLINE PUBLIC INSPECTION FILE RE4 QUIRED TO BE IN MACHINE-READABLE FOR5 MAT. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COMMISSION.—The term ‘‘Commission’’ 

8 means the Federal Communications Commission. 

9 (2) COVERED ENTITY.—The term ‘‘covered en10 tity’’ means a full-powered television broadcast sta11 tion, class A television system, AM or FM radio 

12 broadcast station, cable operator, direct broadcast 

13 satellite service provider, satellite digital audio radio 

14 service provider, or any other entity to which an on15 line public inspection file requirement applies. 

16 (3) MACHINE-READABLE.—The term ‘‘machine17 readable’’ means, with respect to the format of ma18 terial in a public inspection file, that the format sup19 ports— 

20 (A) the automated searching for particular 

21 text within and among documents; 

22 (B) the bulk downloading of data con23 tained in the material; 


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1 (C) the aggregation, manipulation, sorting, 

2 and analysis of the data contained in the mate3 rial; and 

4 (D) any other functionality that the Com5 mission considers appropriate. 

6 (4) ONLINE PUBLIC INSPECTION FILE RE7 QUIREMENT.—The term ‘‘online public inspection 

8 file requirement’’ means a requirement for a covered 

9 entity to make material in the public inspection file 

10 of the entity available on, or upload the material to, 

11 the online public file database hosted by the Com12 mission. 

13 (5) POLITICAL FILE.—The term ‘‘political file’’ 

14 means, with respect to a covered entity, the file that 

15 the entity is required to maintain and make avail16 able for public inspection under section 315(e) of the 

17 Communications Act of 1934 (47 U.S.C. 315(e)) or 

18 under any similar requirement applicable to the enti19 ty that is administered by the Commission. 

20 (6) PUBLIC INSPECTION FILE.—The term 

21 ‘‘public inspection file’’, with respect to a covered en22 tity— 

23 (A) means the file or files that the entity 

24 is required to maintain and make available for 

25 public inspection under section 25.701, 25.702, 


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1 73.3526, 73.3527, or 76.1700 of title 47, Code 

2 of Federal Regulations (or any successor regu3 lation), as applicable to the entity, or under any 

4 similar requirement applicable to the entity that 

5 is administered by the Commission; and 

6 (B) includes any political file that the enti7 ty is required to maintain and make available 

8 for public inspection. 

9 (b) REGULATIONS.—Not later than 180 days after 

10 the date of enactment of this Act, the Commission shall 

11 promulgate regulations that require a covered entity, to 

12 the extent that the entity is required to make material 

13 in the public inspection file of the entity available on, or 

14 upload the material to, the online public file database 

15 hosted by the Commission, to make the material available 

16 or upload the material in a format that is machine-read17 able. 

18 (c) APPLICABILITY.— 

19 (1) COVERED ENTITIES.— 

20 (A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the regulations promulgated 

22 under subsection (b) shall apply— 

23 (i) to a covered entity for which an 

24 online public inspection file requirement is 


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1 in effect on the date of the promulgation 

2 of such regulations— 

3 (I) with respect to the political 

4 file portion of the public inspection 

5 file, beginning not later than the date 

6 that is 60 days after the date of such 

7 promulgation; and 

8 (II) with respect to the other por9 tions of the public inspection file, at 

10 the same time as the regulations 

11 apply under subclause (I) with respect 

12 to the political file portion of the pub13 lic inspection file or as soon thereafter 

14 as the Commission considers prac15 ticable; and 

16 (ii) to a covered entity for which an 

17 online public inspection file requirement 

18 becomes effective after the date of the pro19 mulgation of the regulations— 

20 (I) with respect to the political 

21 file portion of the public inspection 

22 file, beginning on the later of— 

23 (aa) the date of applicability 

24 of the regulations under clause 

25 (i)(I); or 


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1 (bb) the date on which the 

2 online public inspection file re3 quirement becomes effective for 

4 the entity; and 

5 (II) with respect to the other por6 tions of the public inspection file, at 

7 the same time as the regulations 

8 apply under subclause (I) with respect 

9 to the political file portion of the pub10 lic inspection file or as soon thereafter 

11 as the Commission considers prac12 ticable. 

13 (B) EXTENSIONS FOR GOOD CAUSE.—The 

14 Commission may extend a deadline under sub15 paragraph (A) for a specific covered entity or a 

16 group of covered entities for good cause. 

17 (2) NEW MATERIAL ONLY.—The regulations 

18 promulgated under subsection (b) shall apply only to 

19 material in the public inspection file of a covered en20 tity that is newly generated on or after the date of 

21 the promulgation of the regulations. 

Æ 


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