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 by a covered country. The bill requires the FCC to identify and list entities with foreign ownership that could pose national security concerns.
The FCC must create rules to gather information on entities holding any authorization, license, or grant of authority and update the list annually. The Act aims to increase transparency regarding foreign influence in U.S. communications infrastructure.
The bill defines key terms such as 'covered country' and 'covered entity' to specify which foreign governments and organizations are subject to the Act's provisions.
Expected Effects
The Act will likely increase scrutiny of companies operating in the U.S. communications sector with ties to foreign adversaries. This may lead to stricter enforcement of existing regulations and potentially new regulations regarding foreign ownership.
It could also result in some companies divesting from or restructuring their ownership to avoid being listed by the FCC. The Act could also lead to increased public awareness of foreign influence in U.S. communications.
Potential Benefits
- Increased transparency regarding foreign ownership in U.S. communications infrastructure.
- Enhanced national security by identifying potential risks associated with foreign influence.
- Improved ability for the FCC and other agencies to monitor and regulate foreign involvement in the communications sector.
- Greater public awareness of the entities that control or influence communication networks.
- May deter adversarial governments from gaining undue influence over U.S. communications.
Potential Disadvantages
- Potential for increased regulatory burden on companies operating in the communications sector.
- Risk of unintended consequences, such as discouraging foreign investment in U.S. communications infrastructure.
- Possible delays in FCC licensing and authorization processes due to increased scrutiny.
- Could lead to retaliatory measures from covered countries, impacting U.S. companies operating abroad.
- The definition of 'covered entity' may be overly broad, capturing entities with minimal or indirect ties to covered countries.
Constitutional Alignment
The Act appears to align with the U.S. Constitution, particularly Article I, Section 8, which grants Congress the power to regulate commerce with foreign nations and provide for the common defense. The Act does not appear to infringe on individual liberties protected by the Bill of Rights.
However, implementation must be carefully monitored to ensure it does not violate due process or equal protection rights. The Act's focus on national security provides a strong justification for its provisions.
It is also important to note that the First Amendment protects freedom of speech and the press, but these rights are not absolute and can be restricted when there is a compelling government interest, such as national security.
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).