I 
117TH CONGRESS 
1ST SESSION H. R. 5836 
To amend the Communications Act of 1934 to provide for certain require-
ments with respect to media employment, ownership, and diversity report-
ing, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2021 
Ms. CLARKE of New York 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 
certain requirements with respect to media employment, 
ownership, and diversity reporting, and for other pur-
poses. 
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 ‘‘Enhancing Diversity 
and Inclusion by Verifying and Ensuring the Reporting 
required by Statute Is Transpiring and Yielding Data 
Act’’ or the ‘‘Enhancing DIVERSITY Data Act’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Recognizing the long history of exclusion of 
women and people of color from media resources in 
the United States, promoting diversity, localism, and 
inclusion in the broadcast and multichannel video 
programming distributor industries is a compelling 
government interest. 
(2) The Federal Communications Commission 
has the statutory obligation and authority to require 
employment reports for all broadcasters and multi-
channel video programming distributors. 
SEC. 3. MEDIA EMPLOYMENT, OWNERSHIP, AND DIVERSITY 
REPORTING. 
(a) REQUIREMENTS.— 
(1) EMPLOYMENT DATA.— 
(A) COMPLETION
OF
RULEMAKING
PRO-
CEEDING
REGARDING
PUBLIC
ACCESS.—Not 
later than 18 months after the date of the en-
actment of this Act, the Commission, after ad-
ditional notice and opportunity for comment, 
shall complete the rulemaking proceeding in the 
Fourth Notice of Proposed Rulemaking (FCC 
04–103) in the matter of Review of the Com-
mission’s Broadcast and Cable Equal Employ-
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ment Opportunity Rules and Policies (MM 
Docket No. 98–204). 
(B) DEADLINE TO BEGIN COLLECTION.— 
Not later than 1 year after the completion of 
the rulemaking proceeding described in sub-
paragraph (A), the Commission shall begin col-
lecting employment data using FCC Form 395– 
A and FCC Form 395–B (or any successor 
forms). 
(C) PROHIBITIONS.—The Commission may 
not use employment data collected using FCC 
Form 395–A or FCC Form 395–B (or any suc-
cessor forms)— 
(i) to review broadcast license applica-
tions or broadcast license renewal applica-
tions; or 
(ii) to assess compliance with the 
equal employment opportunity rules of the 
Commission. 
(D) INCLUSION OF ANALYSIS OF EMPLOY-
MENT
DATA
IN
COMMUNICATIONS
MARKET-
PLACE REPORT.—Section 13(d)(3) of the Com-
munications Act of 1934 (47 U.S.C. 163(d)(3)) 
is amended by inserting before the period at the 
end the following: ‘‘and include in the report re-
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quired by subsection (a) an analysis of the em-
ployment data collected using FCC Form 395– 
A and FCC Form 395–B (or any successor 
forms), as such data relates to such barriers 
and such national policy’’. 
(2) OWNERSHIP DATABASE.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of this Act, the 
Commission shall create a database that con-
tains the ownership data of television broadcast 
station licensees to the extent such data is oth-
erwise collected, and made public, by the Com-
mission. 
(B) REQUIREMENTS.—The database re-
quired by subparagraph (A) shall be accessible 
on the website of the Commission, searchable 
by the public, and capable of being used to 
produce reports identifying any or all of the fol-
lowing: 
(i) Ownership data with respect to 
any licensee. 
(ii) Ownership interests of any li-
censee. 
(iii) Industry-wide statistics. 
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(iv) Statistics for particular geo-
graphic regions. 
(v) Statistics for particular licensee 
classifications. 
(b) COMMISSION DEFINED.—In this section, the term 
‘‘Commission’’ means the Federal Communications Com-
mission. 
Æ 
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