H.R.906 - Foreign Adversary Communications Transparency Act (119th Congress)
Summary
H.R. 906, 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 connections. This involves identifying entities with equity or voting interests held by covered entities (governments, entities, or subsidiaries from covered countries) or those under the control of an appropriate national security agency.
The FCC is required to issue rules to gather information for identifying these entities and update the list annually. The Act aims to increase transparency regarding foreign influence in U.S. communications infrastructure.
The Act also includes a Paperwork Reduction Act exemption, streamlining the implementation process.
Expected Effects
The immediate effect will be increased transparency regarding foreign ownership in US communications. The FCC will publish a list of entities with foreign ties, making this information accessible to the public.
In the longer term, this could lead to greater scrutiny of these entities and potentially influence policy decisions related to national security and foreign investment. The rulemaking process will further define the scope and implementation of the Act.
Potential Benefits
- Enhanced transparency regarding foreign influence in U.S. communications networks.
- Improved national security by identifying potential vulnerabilities related to foreign control.
- Informed decision-making by policymakers and the public regarding foreign investment in critical infrastructure.
- Greater accountability for entities operating in the U.S. communications sector.
- Potential for increased public trust in the FCC's oversight of communications licenses.
Potential Disadvantages
- Potential for increased bureaucratic burden on the FCC to implement and maintain the list.
- Risk of unintended consequences or chilling effects on legitimate foreign investment.
- Possible challenges in accurately identifying and defining "control" exerted by foreign entities.
- Concerns about potential discrimination or unfair targeting of companies with foreign ownership.
- Potential for delays or legal challenges in the rulemaking process.
Constitutional Alignment
The Act appears to align with the Commerce Clause (Article I, Section 8), which grants Congress the power to regulate commerce with foreign nations. By ensuring transparency in communications, the Act can be argued to promote national security, which is an implied power related to the common defense and general welfare.
However, potential First Amendment concerns could arise if the implementation of the Act unduly restricts freedom of speech or association based on foreign connections. The balance between national security and individual liberties will be key in ensuring constitutional compliance.
The Act does not appear to infringe upon any other specific constitutional provisions.
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).