Fair and Clear Campaign Transparency Act
Bill: H.R.5897 | Sponsor: Rep. Eshoo, Anna G. (D-CA)
Policy area: Science, Technology, Communications

Summary:
Fair and Clear Campaign Transparency Act
This bill directs the Federal Communications Commission to require certain online public inspection files to be made available to the public in a machine-readable format that supports automated searching, bulk downloading, aggregation, manipulation, sorting, and analysis.
Online public inspection files (including political files that contain records of requests to purchase broadcast time by or on behalf of candidates for public office or to communicate a message relating to a political matter of national importance) are files that must be uploaded to the internet by certain television broadcast stations and television systems, AM or FM radio broadcast stations, cable operators, direct broadcast satellite service providers, or satellite digital audio radio service providers.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair and Clear Campaign Transparency 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On May 9, 2013, President Barack Obama issued Executive 
        Order 13642 (78 Fed. Reg. 28111 (May 14, 2013)), which made 
        open and machine-readable data the new default for Federal 
        Government information.
            (2) Open data principles are essential for transparency and 
        efficiency in government.
            (3) In 2012, the Federal Communications Commission required 
        television broadcast stations to post on an online database 
        hosted by the Commission certain materials in the files that 
        those stations are required to maintain and make available for 
        public inspection, including important information about the 
        purchasing of political advertisements. In 2016, the Commission 
        extended the online public inspection file requirement to 
        providers of cable and satellite television service, radio 
        broadcast stations, and providers of satellite radio service.
            (4) The Commission declined to require those materials to 
        be machine-readable, deciding at the time that it was more 
        important to get the information online faster.
            (5) Machine readability is a critical component of open 
        government and provides interested parties with the necessary 
        access to evaluate data in a more comprehensive way.

SEC. 3. MATERIAL IN ONLINE PUBLIC INSPECTION FILE REQUIRED TO BE IN 
              MACHINE-READABLE FORMAT.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Covered entity.--The term ``covered entity'' means a 
        full-powered television broadcast station, class A television 
        system, AM or FM radio broadcast station, cable operator, 
        direct broadcast satellite service provider, satellite digital 
        audio radio service provider, or any other entity to which an 
        online public inspection file requirement applies.
            (3) Machine-readable.--The term ``machine-readable'' means, 
        with respect to the format of material in a public inspection 
        file, that the format supports--
                    (A) the automated searching for particular text 
                within and among documents;
                    (B) the bulk downloading of data contained in the 
                material;
                    (C) the aggregation, manipulation, sorting, and 
                analysis of the data contained in the material; and
                    (D) any other functionality that the Commission 
                considers appropriate.
            (4) Online public inspection file requirement.--The term 
        ``online public inspection file requirement'' means a 
        requirement for a covered entity to make material in the public 
        inspection file of the entity available on, or upload the 
        material to, the online public file database hosted by the 
        Commission.
            (5) Political file.--The term ``political file'' means, 
        with respect to a covered entity, the file that the entity is 
        required to maintain and make available for public inspection 
        under section 315(e) of the Communications Act of 1934 (47 
        U.S.C. 315(e)) or under any similar requirement applicable to 
        the entity that is administered by the Commission.
            (6) Public inspection file.--The term ``public inspection 
        file'', with respect to a covered entity--
                    (A) means the file or files that the entity is 
                required to maintain and make available for public 
                inspection under section 25.701, 25.702, 73.3526, 
                73.3527, or 76.1700 of title 47, Code of Federal 
                Regulations (or any successor regulation), as 
                applicable to the entity, or under any similar 
                requirement applicable to the entity that is 
                administered by the Commission; and
                    (B) includes any political file that the entity is 
                required to maintain and make available for public 
                inspection.
    (b) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall promulgate regulations that 
require a covered entity, to the extent that the entity is required to 
make material in the public inspection file of the entity available on, 
or upload the material to, the online public file database hosted by 
the Commission, to make the material available or upload the material 
in a format that is machine-readable.
    (c) Applicability.--
            (1) Covered entities.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the regulations promulgated under subsection (b) 
                shall apply--
                            (i) to a covered entity for which an online 
                        public inspection file requirement is in effect 
                        on the date of the promulgation of such 
                        regulations--
                                    (I) with respect to the political 
                                file portion of the public inspection 
                                file, beginning not later than the date 
                                that is 60 days after the date of such 
                                promulgation; and
                                    (II) with respect to the other 
                                portions of the public inspection file, 
                                at the same time as the regulations 
                                apply under subclause (I) with respect 
                                to the political file portion of the 
                                public inspection file or as soon 
                                thereafter as the Commission considers 
                                practicable; and
                            (ii) to a covered entity for which an 
                        online public inspection file requirement 
                        becomes effective after the date of the 
                        promulgation of the regulations--
                                    (I) with respect to the political 
                                file portion of the public inspection 
                                file, beginning on the later of--
                                            (aa) the date of 
                                        applicability of the 
                                        regulations under clause 
                                        (i)(I); or
                                            (bb) the date on which the 
                                        online public inspection file 
                                        requirement becomes effective 
                                        for the entity; and
                                    (II) with respect to the other 
                                portions of the public inspection file, 
                                at the same time as the regulations 
                                apply under subclause (I) with respect 
                                to the political file portion of the 
                                public inspection file or as soon 
                                thereafter as the Commission considers 
                                practicable.
                    (B) Extensions for good cause.--The Commission may 
                extend a deadline under subparagraph (A) for a specific 
                covered entity or a group of covered entities for good 
                cause.
            (2) New material only.--The regulations promulgated under 
        subsection (b) shall apply only to material in the public 
        inspection file of a covered entity that is newly generated on 
        or after the date of the promulgation of the regulations.
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