Overview
Title
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.
ELI5 AI
The bill wants the FCC to make a list of which companies have special permissions and are owned by people from other countries. They must share this list online and update it every year to help keep everyone safe.
Summary AI
H.R. 820, known as the "Foreign Adversary Communications Transparency Act," requires the Federal Communications Commission (FCC) to publish a list of entities that hold authorizations, licenses, or other grants and have certain foreign ownership. The bill aims to ensure transparency by having the FCC release the list online within 120 days of the bill's enactment. Notably, it mandates the FCC to update this list annually, and issue rules within 18 months to further identify such companies. Additionally, the bill exempts these actions from the Paperwork Reduction Act.
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AnalysisAI
General Summary
The "Foreign Adversary Communications Transparency Act" is a proposed piece of legislation that directs the Federal Communications Commission (FCC) to enhance transparency regarding foreign ownership in U.S. communication entities. The bill requires the FCC to publish a list of entities holding FCC licenses that have significant foreign ownership, with a particular focus on foreign governments or organizations. This list aims to ensure transparency and considers potential national security concerns. The list must be published online, with annual updates to maintain its relevance.
Summary of Significant Issues
One significant issue with the bill is the timeline for implementation. The bill specifies that the initial list must be published within 120 days, but the rulemaking process to gather information may take up to 18 months. This delay poses a potential risk, as it may slow down the identification and response to foreign ownership that could impact national security.
Another concern is the reference to the "appropriate national security agency," a term which is not defined within the bill itself. This requires cross-referencing with other legislation, potentially complicating the bill's understanding and application.
The bill also grants an exemption from the Paperwork Reduction Act, potentially leading to insufficient review and oversight of the data collection process. This could increase the administrative burden on the entities being regulated without clear guidelines on how the information should be handled.
Furthermore, the complexity of language, especially in the rulemaking section, may make it difficult for stakeholders to understand the requirements, potentially leading to issues with compliance or legal disputes.
Finally, the provision for annual updates to the list may not be timely enough to address dynamic changes in ownership structures, particularly those involving foreign entities that could pose security concerns.
Impact on the Public
Broadly, this bill aims to enhance national security by providing transparency around foreign investments in communication infrastructures. By identifying entities with foreign ownership, it seeks to protect sensitive communications from potential exploitation by foreign governments.
For the general public, the bill's impact is mostly indirect. It aims to reassure citizens that the communications networks they rely on are secure from foreign interference, contributing to a stable communication environment.
Impact on Specific Stakeholders
For the FCC, this bill introduces new responsibilities, as it must gather and maintain a comprehensive list of foreign-owned entities. This could require additional resources and coordination with national security agencies.
Entities holding or seeking FCC licenses may also be affected, as they are required to disclose foreign ownership interests. This could lead to increased administrative work to ensure compliance with the new regulations. Some might find the disclosure requirements burdensome, especially if they have complex ownership structures.
For national security agencies, this legislation could provide a valuable tool in monitoring and responding to potential threats. However, it also imposes the challenge of maintaining close collaboration with the FCC for effective implementation.
Overall, while the bill holds promise for improving security through transparency, its effectiveness could be hindered by the identified issues, affecting how positively or negatively it impacts various stakeholders.
Issues
The timeline for the initial publication of the list (120 days) and the rulemaking process (18 months) in Section 2 may delay prompt identification and action on entities with foreign ownership, potentially posing a risk to national security.
The term 'appropriate national security agency' in Section 2 is referenced but not clearly defined within this section, requiring further consultation with external legislation, which might complicate understanding.
The exemption from the Paperwork Reduction Act in Section 2 could lead to insufficient oversight and review of the information being collected, potentially increasing administrative burden on the entities being regulated.
The language used in the rulemaking section (Section 2 subsection (b)) is complex and may be difficult for stakeholders to understand, potentially leading to non-compliance or legal challenges.
Annual updates as specified in Section 2 may not be frequent enough to address rapidly changing ownership structures, particularly concerning foreign entities of national security concern.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act gives it a short title, which is “Foreign Adversary Communications Transparency Act.”
2. List of entities holding FCC authorizations, licenses, or other grants of authority and having certain foreign ownership Read Opens in new tab
Summary AI
The section of the bill requires the Federal Communications Commission (FCC) to publish and annually update a list of entities that hold FCC licenses and have certain foreign ownership. The list will help identify entities with significant equity or voting interest from foreign governments or organizations, ensuring transparency and consideration of national security concerns.