Foreign Adversary Communications Transparency Act in plain language
1: Short title
This section would let the Act be called the Foreign Adversary Communications Transparency Act.
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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
This section would require the Federal Communications Commission (FCC) to publish and keep updated a list of entities with certain foreign ties that hold FCC authorizations. It defines an appropriate national security agency using the meaning already given in section 9 of the Secure and Trusted Communications Networks Act of 2019, and defines a covered country as a country specified in section 4872(f)(2) of title 10 of the United States Code. It defines a covered entity as the government of a covered country, an entity organized under a covered country's laws, or a subsidiary of such an entity, even if the subsidiary itself is not organized under a covered country's laws. Not later than 120 days after enactment, the FCC would have to publish on its website a list of each entity that holds a license issued under section 309(j) of the Communications Act of 1934, or under the Act of May 27, 1921 (the Cable Landing License Act) and Executive Order 10530, and that also meets at least one of two ownership conditions: a covered entity holds an equity or voting interest in it that is already required to be reported to the FCC under the FCC's ownership rules, or an appropriate national security agency has determined that a covered entity exerts control over it, whether or not that covered entity holds a reportable equity or voting interest. Not later than 18 months after enactment, the FCC would have to issue rules to collect information identifying each entity that holds any other authorization, license, or grant of authority issued by the FCC (other than the licenses covered by the 120-day list) in which a covered entity holds an equity or voting interest required to be reported under the FCC's ownership rules. Not later than 1 year after the FCC issues those rules, it would have to add each entity identified through them to the list published under this section. Any collection of information the FCC conducts or sponsors to carry out this section would not count as a collection of information under the Paperwork Reduction Act, so that Act's usual review requirements would not apply to it. The FCC would have to update the published list at least once a year, including by adding entities identified through the rulemaking process.
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2. List of entities holding FCC authorizations, licenses, or other grants of authority and having certain foreign ownership (a) 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(f)(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 of an entity described in subparagraph (B), regardless of whether the subsidiary is organized under the laws of a covered country. (b) Publication of list 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). (c) 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 (b)(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 (b). (d) 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 ). (e) Annual updates The Commission shall, not less frequently than annually, update the list published under subsection (b), including with respect to any entity required to be placed on such list by subsection (c)(2).