[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5897 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5897
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 5, 2021
Ms. Eshoo (for herself, Mr. Welch, Mr. Yarmuth, Ms. Schakowsky, Mr.
Khanna, Mr. McNerney, Ms. Norton, Ms. Clarke of New York, Ms. McCollum,
Mr. Smith of Washington, Ms. Brownley, Mr. Cohen, Mr. Himes, Mr.
Morelle, Mr. Cooper, Mr. Takano, Mr. Lieu, and Mr. DeFazio) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
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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