Foreign Adversary Communications Transparency Act

Bill: 118-hr-820
Sponsor: full_name: Rep. Stefanik, Elise M. [R-NY-21]
Introduced: 2023-02-02
Policy area: Science, Technology, Communications
Subjects: Asia

Caribbean area

China

Corporate finance and management

Cuba

Foreign and international corporations

Government information and archives

Iran

Latin America

Licensing and registrations

Middle East

North Korea

Russia

Venezuela
Latest action: action_date: 2024-09-16
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 511.

Summaries:
action_date: 2023-02-02
action_desc: Introduced in House
text: <p><b>Foreign Adversary Communications Transparency Act</b></p> <p>This bill requires the Federal Communications Commission (FCC) to annually publish a list of entities that hold a license or other authorization granted by the FCC and have ties to specified countries. An entity must be listed if the government of China, Cuba, Iran, North Korea, Russia, or Venezuela (or an organization subject to the jurisdiction of any of those governments) owns an equity interest in the entity. The FCC may list additional entities that do not meet these requirements after consulting with an appropriate national security agency. </p>

tv_txt: II Calendar No. 511 118th CONGRESS 2d Session H. R. 820 IN THE SENATE OF THE UNITED STATES September 10, 2024 Received September 12, 2024 Read the first time September 16, 2024 Read the second time and placed on the calendar AN ACT To direct the Federal Communications Commission to publish a list of entities that hold authorizations, licenses, or other grants of authority issued by the Commission and that have certain foreign ownership, and for other purposes.

1. Short title This Act may be cited as the Foreign Adversary Communications Transparency Act . 2. List of entities holding FCC authorizations, licenses, or other grants of authority and having certain foreign ownership (a) In general Not later than 120 days after the date of the enactment of this Act, the Commission shall publish on the internet website of the Commission a list of each entity— (1) that holds a license issued by the Commission pursuant to— (A) section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ); or (B) the Act of May 27, 1921 ( 47 U.S.C. 34 et seq. ; commonly known as the Cable Landing Licensing Act ) and Executive Order 10530 ( 3 U.S.C. 301 note; relating to the performance of certain functions vested in or subject to the approval of the President); and (2) with respect to which— (A) a covered entity holds an equity or voting interest that is required to be reported to the Commission under the ownership rules of the Commission; or (B) an appropriate national security agency has determined that a covered entity exerts control, regardless of whether such covered entity holds an equity or voting interest as described in subparagraph (A). (b) Rulemaking (1) In general Not later than 18 months after the date of the enactment of this Act, the Commission shall issue rules to obtain information to identify each entity— (A) that holds any authorization, license, or other grant of authority issued by the Commission (other than a license described in subsection (a)(1)); and (B) with respect to which a covered entity holds an equity or voting interest that is required to be reported to the Commission under the ownership rules of the Commission. (2) Placement on list Not later than 1 year after the Commission issues the rules required by paragraph (1), the Commission shall place each entity described in such paragraph on the list published under subsection (a). (c) Paperwork Reduction Act exemption A collection of information conducted or sponsored by the Commission to implement this section does not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ). (d) Annual updates The Commission shall, not less frequently than annually, update the list published under subsection (a), including with respect to any entity required to be placed on such list by subsection (b)(2). (e) Definitions In this section: (1) Appropriate national security agency The term appropriate national security agency has the meaning given such term in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 ). (2) Commission The term Commission means the Federal Communications Commission. (3) Covered country The term covered country means a country specified in section 4872(d)(2) of title 10, United States Code. (4) Covered entity The term covered entity means— (A) the government of a covered country; (B) an entity organized under the laws of a covered country; and (C) a subsidiary or affiliate of an entity described in subparagraph (B), regardless of whether the subsidiary or affiliate is organized under the laws of a covered country.

Passed the House of Representatives September 9, 2024. Kevin F. McCumber, Clerk.

September 16, 2024 Read the second time and placed on the calendar

tv_txt: IB 118th CONGRESS 2d Session H. R. 820 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Federal Communications Commission to publish a list of entities that hold authorizations, licenses, or other grants of authority issued by the Commission and that have certain foreign ownership, and for other purposes.

1. Short title This Act may be cited as the Foreign Adversary Communications Transparency Act . 2. List of entities holding FCC authorizations, licenses, or other grants of authority and having certain foreign ownership (a) In general Not later than 120 days after the date of the enactment of this Act, the Commission shall publish on the internet website of the Commission a list of each entity— (1) that holds a license issued by the Commission pursuant to— (A) section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ); or (B) the Act of May 27, 1921 ( 47 U.S.C. 34 et seq. ; commonly known as the Cable Landing Licensing Act ) and Executive Order 10530 ( 3 U.S.C. 301 note; relating to the performance of certain functions vested in or subject to the approval of the President); and (2) with respect to which— (A) a covered entity holds an equity or voting interest that is required to be reported to the Commission under the ownership rules of the Commission; or (B) an appropriate national security agency has determined that a covered entity exerts control, regardless of whether such covered entity holds an equity or voting interest as described in subparagraph (A). (b) Rulemaking (1) In general Not later than 18 months after the date of the enactment of this Act, the Commission shall issue rules to obtain information to identify each entity— (A) that holds any authorization, license, or other grant of authority issued by the Commission (other than a license described in subsection (a)(1)); and (B) with respect to which a covered entity holds an equity or voting interest that is required to be reported to the Commission under the ownership rules of the Commission. (2) Placement on list Not later than 1 year after the Commission issues the rules required by paragraph (1), the Commission shall place each entity described in such paragraph on the list published under subsection (a). (c) Paperwork Reduction Act exemption A collection of information conducted or sponsored by the Commission to implement this section does not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ). (d) Annual updates The Commission shall, not less frequently than annually, update the list published under subsection (a), including with respect to any entity required to be placed on such list by subsection (b)(2). (e) Definitions In this section: (1) Appropriate national security agency The term appropriate national security agency has the meaning given such term in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 ). (2) Commission The term Commission means the Federal Communications Commission. (3) Covered country The term covered country means a country specified in section 4872(d)(2) of title 10, United States Code. (4) Covered entity The term covered entity means— (A) the government of a covered country; (B) an entity organized under the laws of a covered country; and (C) a subsidiary or affiliate of an entity described in subparagraph (B), regardless of whether the subsidiary or affiliate is organized under the laws of a covered country.

Passed the House of Representatives September 9, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB Union Calendar No. 405 118th CONGRESS 2d Session H. R. 820 [Report No. 118–489] IN THE HOUSE OF REPRESENTATIVES February 2, 2023 Ms. Stefanik (for herself, Mr. Gallagher , and Mr. Khanna ) introduced the following bill; which was referred to the Committee on Energy and Commerce May 7, 2024 Additional sponsor: Mr. Davis of North Carolina May 7, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on February 2, 2023 A BILL To direct the Federal Communications Commission to publish a list of entities that hold authorizations, licenses, or other grants of authority issued by the Commission and that have certain foreign ownership, and for other purposes.

1. Short title This Act may be cited as the Foreign Adversary Communications Transparency Act . 2. List of entities holding FCC authorizations, licenses, or other grants of authority and having certain foreign ownership (a) In general Not later than 120 days after the date of the enactment of this Act, the Commission shall publish on the internet website of the Commission a list of each entity— (1) that holds a license issued by the Commission pursuant to— (A) section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ); or (B) the Act of May 27, 1921 ( 47 U.S.C. 34 et seq. ; commonly known as the Cable Landing Licensing Act ) and Executive Order 10530 ( 3 U.S.C. 301 note; relating to the performance of certain functions vested in or subject to the approval of the President); and (2) with respect to which— (A) a covered entity holds an equity or voting interest that is required to be reported to the Commission under the ownership rules of the Commission; or (B) an appropriate national security agency has determined that a covered entity exerts control, regardless of whether such covered entity holds an equity or voting interest as described in subparagraph (A). (b) Rulemaking (1) In general Not later than 18 months after the date of the enactment of this Act, the Commission shall issue rules to obtain information to identify each entity— (A) that holds any authorization, license, or other grant of authority issued by the Commission (other than a license described in subsection (a)(1)); and (B) with respect to which a covered entity holds an equity or voting interest that is required to be reported to the Commission under the ownership rules of the Commission. (2) Placement on list Not later than 1 year after the Commission issues the rules required by paragraph (1), the Commission shall place each entity described in such paragraph on the list published under subsection (a). (c) Paperwork Reduction Act exemption A collection of information conducted or sponsored by the Commission to implement this section does not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ). (d) Annual updates The Commission shall, not less frequently than annually, update the list published under subsection (a), including with respect to any entity required to be placed on such list by subsection (b)(2). (e) Definitions In this section: (1) Appropriate national security agency The term appropriate national security agency has the meaning given such term in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 ). (2) Commission The term Commission means the Federal Communications Commission. (3) Covered country The term covered country means a country specified in section 4872(d)(2) of title 10, United States Code. (4) Covered entity The term covered entity means— (A) the government of a covered country; (B) an entity organized under the laws of a covered country; and (C) a subsidiary or affiliate of an entity described in subparagraph (B), regardless of whether the subsidiary or affiliate is organized under the laws of a covered country.

May 7, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 820 IN THE HOUSE OF REPRESENTATIVES February 2, 2023 Ms. Stefanik (for herself, Mr. Gallagher , and Mr. Khanna ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Communications Commission to publish a list of entities that hold authorizations, licenses, or other grants of authority issued by the Commission and that have certain foreign ownership, and for other purposes.

1. Short title This Act may be cited as the Foreign Adversary Communications Transparency Act . 2. List of entities holding FCC authorizations, licenses, or other grants of authority and having certain foreign ownership (a) In general Not later than 120 days after the date of the enactment of this Act, the Commission shall publish on the internet website of the Commission a list of each entity— (1) that holds— (A) an authorization issued by the Commission; (B) a license issued by the Commission; or (C) any other grant of authority issued by the Commission; and (2) either— (A) any of the equity interest (or equivalent thereof) of which is owned by a covered entity; or (B) that is not covered by subparagraph (A) but that the Commission, in consultation with an appropriate national security agency, considers appropriate. (b) Annual updates The Commission shall update the list published under subsection (a) not less frequently than annually. (c) Definitions In this section: (1) Appropriate national security agency The term appropriate national security agency has the meaning given such term in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 ). (2) Commission The term Commission means the Federal Communications Commission. (3) Covered country The term covered country means— (A) the People’s Republic of China; (B) Russia; (C) Iran; (D) North Korea; (E) Cuba; and (F) Venezuela. (4) Covered entity The term covered entity means— (A) the government of a covered country; (B) an entity organized under the laws of a covered country or otherwise subject to the jurisdiction of the government of a covered country; and (C) a subsidiary or affiliate of an entity described in subparagraph (B) that is not organized under the laws of a covered country or otherwise subject to the jurisdiction of the government of a covered country.