I 
115TH CONGRESS 
2D SESSION 
H. R. 5331 
To amend the Communications Act of 1934 to provide for additional 
disclosure requirements with respect to content from registered foreign agents. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2018 
Ms. ESHOO introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to provide for 
additional disclosure requirements with respect to content 
from registered foreign agents. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Entities Re-
form Act of 2018’’. 
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SEC. 2. DISCLOSURE REQUIREMENTS WITH RESPECT TO 
CONTENT 
FROM 
REGISTERED 
FOREIGN 
AGENTS. 
(a) IN GENERAL.—Title VII of the Communications 
Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 722. DISCLOSURE REQUIREMENTS WITH RESPECT TO 
CONTENT 
FROM 
REGISTERED 
FOREIGN 
AGENTS. 
‘‘(a) RECORD OF REQUESTS FOR COVERED TIME 
FROM REGISTERED FOREIGN AGENTS.— 
‘‘(1) IN
GENERAL.—A covered provider shall 
maintain a complete record of a request for covered 
time that is made by or on behalf of a registered for-
eign agent. 
‘‘(2) CONTENTS OF RECORD.—A record main-
tained under paragraph (1) shall contain informa-
tion regarding— 
‘‘(A) whether the request for covered time 
is accepted or rejected by the provider; 
‘‘(B) the rate (if any) charged for the cov-
ered time; 
‘‘(C) the date and time (if any) on which 
the communication is broadcast or otherwise 
transmitted by the provider; 
‘‘(D) the class of time that is requested; 
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‘‘(E) the name, address, and phone num-
ber of a contact person for the registered for-
eign agent (and of any person requesting the 
covered time on behalf of the agent), and a list 
of the chief executive officers or members of the 
executive committee or of the board of directors 
of the agent (and of any person requesting the 
covered time on behalf of the agent); and 
‘‘(F) the name of the foreign principal of 
the registered foreign agent. 
‘‘(3) LOCATION; TIME TO RETAIN.—The infor-
mation required under this subsection shall be 
placed in the online public inspection file hosted by 
the Commission as soon as possible and shall be re-
tained in such file for a period of not less than 2 
years. For purposes of the preceding sentence, the 
term ‘as soon as possible’ means immediately absent 
unusual circumstances. 
‘‘(b) 
SPONSORSHIP
IDENTIFICATION
REQUIRE-
MENTS.— 
‘‘(1) APPLICABILITY TO COVERED CONTENT.— 
‘‘(A) ANNOUNCEMENT BY STATION.—For 
purposes of section 317, any covered content 
broadcast by a broadcast station, if such station 
knew or should have known that the content 
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was covered content, shall be treated as matter 
for which money, service, or other valuable con-
sideration was paid for broadcasting, regardless 
of whether any such consideration was paid. 
‘‘(B) DISCLOSURES BY STATION EMPLOY-
EES, PROGRAM
PRODUCERS, AND
OTHERS.— 
For purposes of section 507— 
‘‘(i) any agreement for the broadcast 
of covered content, between an employee of 
a broadcast station and any registered for-
eign agent who developed, produced, dis-
seminated, or funded the covered content, 
shall be treated as acceptance by the em-
ployee and payment by the agent of money, 
service, or other valuable consideration for 
the broadcast of such content, regardless 
of whether any such consideration was 
paid; and 
‘‘(ii) any agreement for the inclusion 
of covered content as part of a program or 
program matter that is intended for broad-
casting over a broadcast station, between 
any person in connection with the produc-
tion or preparation of such program or 
program matter and any registered foreign 
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ered content, a similar statement that 
such agent developed, produced, dis-
seminated, or funded (as the case may 
be) the covered content on behalf of 
the foreign principal; and 
‘‘(ii) be made at regular and periodic 
intervals throughout the broadcast of the 
covered content. 
‘‘(B) IN
DISCLOSURES
BY
STATION
EM-
PLOYEES, PROGRAM
PRODUCERS, AND
OTH-
ERS.—In the case of any disclosure required by 
section 507 (including as the application of 
such section is modified by this subsection) with 
respect to covered content, such disclosure shall 
contain the same information as the informa-
tion described in subparagraph (A)(i). 
‘‘(3) APPLICABILITY
TO
CABLE
OPERATORS 
AND SATELLITE PROVIDERS.—Not later than 180 
days after the date of the enactment of this section, 
the Commission shall promulgate regulations that 
contain— 
‘‘(A) requirements for cable operators, 
DBS providers, and SDARS licensees with re-
spect to the transmission of covered content 
that are comparable to the requirements for 
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broadcast stations under section 317 (including 
as the application of such section is modified by 
this subsection) with respect to the broadcast of 
covered content; 
‘‘(B) requirements for employees of cable 
operators, DBS providers, and SDARS licens-
ees with respect to the transmission of covered 
content that are comparable to the require-
ments for employees of broadcast stations 
under section 507(a) (including as the applica-
tion of such section is modified by this sub-
section) with respect to the broadcast of covered 
content; 
‘‘(C) requirements with respect to the in-
clusion of covered content in any program or 
program matter that is intended for trans-
mission by any cable operator, DBS provider, 
or SDARS licensee that are comparable to the 
requirements with respect to the inclusion of 
covered content in any program or program 
matter that is intended for broadcasting over a 
broadcast station under section 507(b) (includ-
ing as the application of such section is modi-
fied by this subsection); and 
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‘‘(D) requirements with respect to the sup-
plying of any program or program matter that 
is intended for transmission by any cable oper-
ator, DBS provider, or SDARS licensee, in any 
case in which covered content is included as a 
part of the program or program matter being 
supplied, that are comparable to the require-
ments with respect to the supplying of any pro-
gram or program matter that is intended for 
broadcasting over a broadcast station, in any 
case in which covered content is included as a 
part of the program or program matter being 
supplied, under section 507(c) (including as the 
application of such section is modified by this 
subsection). 
‘‘(c) QUARTERLY REPORTS.— 
‘‘(1) IN
GENERAL.—Not later than 14 days 
after the end of a calendar quarter during which a 
covered provider receives a request for which a 
record is required to be maintained under subsection 
(a), or broadcasts or otherwise transmits covered 
content for which an announcement is required by 
section 317 (including as the application of such sec-
tion is modified by subsection (b)) or by the regula-
tions of the Commission issued under paragraph (3) 
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of such subsection, such provider shall submit to the 
Commission, the Attorney General, and the Sec-
retary of State a report that summarizes any such 
requests received, and any such covered content 
broadcast or otherwise transmitted, by such provider 
during such quarter. 
‘‘(2) FORM AND CONTENTS.—The Commission 
may issue regulations prescribing the form and con-
tents of the reports required by paragraph (1). 
‘‘(3) PUBLIC AVAILABILITY.—The Commission, 
the Attorney General, and the Secretary of State 
shall make the reports submitted under paragraph 
(1) publicly available on their internet websites. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) AGENT OF A FOREIGN PRINCIPAL.—The 
term ‘agent of a foreign principal’ has the meaning 
given such term in section 1 of the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 611). 
‘‘(2) BROADCAST TIME.—The term ‘broadcast 
time’ means broadcast time, as such term is used in 
section 315(e). 
‘‘(3) CABLECAST
TIME.—The term ‘cablecast 
time’ means cablecast time, as such term is used in 
section 76.1701 of title 47, Code of Federal Regula-
tions. 
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‘‘(4) CABLE OPERATOR.—The term ‘cable oper-
ator’ has the meaning given such term in section 
602. 
‘‘(5) COVERED CONTENT.—The term ‘covered 
content’ means any program or other matter that— 
‘‘(A) is broadcast or otherwise transmitted 
or intended for broadcast or other transmission 
by a covered provider; and 
‘‘(B) is developed, produced, disseminated, 
or funded by a registered foreign agent. 
‘‘(6) COVERED PROVIDER.—The term ‘covered 
provider’ means a broadcast station licensee, cable 
operator, DBS provider, or SDARS licensee. 
‘‘(7) COVERED TIME.—The term ‘covered time’ 
means— 
‘‘(A) with respect to a broadcast station li-
censee, broadcast time; 
‘‘(B) with respect to a cable operator, ca-
blecast time; 
‘‘(C) with respect to a DBS provider, DBS 
origination time; and 
‘‘(D) with respect to an SDARS licensee, 
SDARS origination time. 
‘‘(8) DBS ORIGINATION TIME.—The term ‘DBS 
origination time’ means DBS origination time, as 
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such term is used in section 25.701(d) of title 47, 
Code of Federal Regulations. 
‘‘(9) DBS PROVIDER.—The term ‘DBS pro-
vider’ has the meaning given such term in section 
25.701(a) of title 47, Code of Federal Regulations. 
‘‘(10) FOREIGN PRINCIPAL.—The term ‘foreign 
principal’ has the meaning given such term in sec-
tion 1 of the Foreign Agents Registration Act of 
1938 (22 U.S.C. 611). 
‘‘(11) REGISTERED
FOREIGN
AGENT.—The 
term ‘registered foreign agent’ means an agent of a 
foreign principal registered under section 2 of the 
Foreign Agents Registration Act of 1938 (22 U.S.C. 
612). 
‘‘(12) SDARS LICENSEE.—The term ‘SDARS 
licensee’ means a licensee in the Satellite Digital 
Audio Radio Service, as defined in section 25.103 of 
title 47, Code of Federal Regulations. 
‘‘(13) SDARS ORIGINATION TIME.—The term 
‘SDARS origination time’ means SDARS origination 
time, as such term is used in section 25.702(b) of 
title 47, Code of Federal Regulations.’’. 
(b) EFFECTIVE DATES.— 
(1) RECORD OF REQUESTS FOR COVERED TIME 
FROM
REGISTERED
FOREIGN
AGENTS.—Subsection 
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or under such regulations, only if the accept-
ance or agreement to accept or payment or 
agreement to pay money, service, or other valu-
able consideration (or the agreement in the ab-
sence of any such consideration that is treated 
as such acceptance and payment as provided in 
such subsection (b) or such regulations) was 
made (in the case of a payment) or entered into 
(in the case of an agreement) after the date 
that is 90 days after the Commission promul-
gates such regulations. 
(3) DEFINITIONS.—In this subsection, the 
terms defined in subsection (d) of section 722 of the 
Communications Act of 1934, as added by sub-
section (a) of this section, shall have the meanings 
given such terms in such subsection (d). 
Æ 
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