Bills of Congress by U.S. Congress

Foreign Adversary Communications Transparency Act

Summary

The Foreign Adversary Communications Transparency Act directs the Federal Communications Commission (FCC) to publish a list of entities holding FCC authorizations, licenses, or grants of authority that have certain foreign ownership. This includes entities with ownership by governments or entities from 'covered countries' as defined in the bill. The FCC is required to update this list annually.

Expected Effects

The Act aims to increase transparency regarding foreign influence in US communications infrastructure. This increased transparency may lead to greater scrutiny of these entities and potentially impact their operations within the United States. The FCC will also be required to create rules to identify a broader range of entities with foreign interests.

Potential Benefits

  • Increased transparency regarding foreign ownership in US communications.
  • Enhanced national security by identifying potential risks.
  • Provides the public with information about the entities controlling communication infrastructure.
  • May deter foreign adversaries from exerting undue influence.
  • Strengthens the FCC's oversight capabilities.

Potential Disadvantages

  • Potential for increased regulatory burden on businesses.
  • Risk of misidentification or inaccurate labeling of entities.
  • Possible chilling effect on foreign investment in the communications sector.
  • The definition of 'covered country' may be subject to political considerations.
  • Could lead to retaliatory measures from foreign governments.

Constitutional Alignment

The Act aligns with the US Constitution's objective to 'provide for the common defence' (Preamble) by addressing potential national security risks associated with foreign influence in communications. While the Act does not directly infringe on individual liberties, its implementation must adhere to due process and avoid discriminatory practices, ensuring alignment with the Fifth Amendment. The Act delegates authority to the FCC, which is consistent with Congress's power to regulate commerce (Article I, Section 8, Clause 3).

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).