[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5331 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5331

   To amend the Communications Act of 1934 to provide for additional 
disclosure requirements with respect to content from registered foreign 
                                agents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2018

  Ms. Eshoo introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to provide for additional 
disclosure requirements with respect to content from registered foreign 
                                agents.

    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 ``Foreign Entities Reform Act of 
2018''.

SEC. 2. DISCLOSURE REQUIREMENTS WITH RESPECT TO CONTENT FROM REGISTERED 
              FOREIGN AGENTS.

    (a) In General.--Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is amended by adding at the end the following:

``SEC. 722. DISCLOSURE REQUIREMENTS WITH RESPECT TO CONTENT FROM 
              REGISTERED FOREIGN AGENTS.

    ``(a) Record of Requests for Covered Time From Registered Foreign 
Agents.--
            ``(1) In general.--A covered provider shall maintain a 
        complete record of a request for covered time that is made by 
        or on behalf of a registered foreign agent.
            ``(2) Contents of record.--A record maintained under 
        paragraph (1) shall contain information regarding--
                    ``(A) whether the request for covered time is 
                accepted or rejected by the provider;
                    ``(B) the rate (if any) charged for the covered 
                time;
                    ``(C) the date and time (if any) on which the 
                communication is broadcast or otherwise transmitted by 
                the provider;
                    ``(D) the class of time that is requested;
                    ``(E) the name, address, and phone number of a 
                contact person for the registered foreign agent (and of 
                any person requesting the covered time on behalf of the 
                agent), and a list of the chief executive officers or 
                members of the executive committee or of the board of 
                directors of the agent (and of any person requesting 
                the covered time on behalf of the agent); and
                    ``(F) the name of the foreign principal of the 
                registered foreign agent.
            ``(3) Location; time to retain.--The information required 
        under this subsection shall be placed in the online public 
        inspection file hosted by the Commission as soon as possible 
        and shall be retained in such file for a period of not less 
        than 2 years. For purposes of the preceding sentence, the term 
        `as soon as possible' means immediately absent unusual 
        circumstances.
    ``(b) Sponsorship Identification Requirements.--
            ``(1) Applicability to covered content.--
                    ``(A) Announcement by station.--For purposes of 
                section 317, any covered content broadcast by a 
                broadcast station, if such station knew or should have 
                known that the content was covered content, shall be 
                treated as matter for which money, service, or other 
                valuable consideration was paid for broadcasting, 
                regardless of whether any such consideration was paid.
                    ``(B) Disclosures by station employees, program 
                producers, and others.--For purposes of section 507--
                            ``(i) any agreement for the broadcast of 
                        covered content, between an employee of a 
                        broadcast station and any registered foreign 
                        agent who developed, produced, disseminated, or 
                        funded the covered content, shall be treated as 
                        acceptance by the employee and payment by the 
                        agent of money, service, or other valuable 
                        consideration for the broadcast of such 
                        content, regardless of whether any such 
                        consideration was paid; and
                            ``(ii) any agreement for the inclusion of 
                        covered content as part of a program or program 
                        matter that is intended for broadcasting over a 
                        broadcast station, between any person in 
                        connection with the production or preparation 
                        of such program or program matter and any 
                        registered foreign agent who developed, 
                        produced, disseminated, or funded the covered 
                        content, shall be treated as acceptance by such 
                        person and payment by such agent of money, 
                        service, or other valuable consideration for 
                        such inclusion, regardless of whether any such 
                        consideration was paid.
            ``(2) Statement required.--
                    ``(A) In announcement by station.--In the case of 
                any announcement required by section 317 (including as 
                the application of such section is modified by this 
                subsection) with respect to covered content, such 
                announcement shall--
                            ``(i) contain, with respect to each 
                        registered foreign agent who developed, 
                        produced, disseminated, or funded the covered 
                        content--
                                    ``(I) the same statement as the 
                                statement required by section 4(b) of 
                                the Foreign Agents Registration Act of 
                                1938 (22 U.S.C. 614(b)); or
                                    ``(II) for any such agent for whom 
                                no statement is required under such 
                                section with respect to the covered 
                                content, a similar statement that such 
                                agent developed, produced, 
                                disseminated, or funded (as the case 
                                may be) the covered content on behalf 
                                of the foreign principal; and
                            ``(ii) be made at regular and periodic 
                        intervals throughout the broadcast of the 
                        covered content.
                    ``(B) In disclosures by station employees, program 
                producers, and others.--In the case of any disclosure 
                required by section 507 (including as the application 
                of such section is modified by this subsection) with 
                respect to covered content, such disclosure shall 
                contain the same information as the information 
                described in subparagraph (A)(i).
            ``(3) Applicability to cable operators and satellite 
        providers.--Not later than 180 days after the date of the 
        enactment of this section, the Commission shall promulgate 
        regulations that contain--
                    ``(A) requirements for cable operators, DBS 
                providers, and SDARS licensees with respect to the 
                transmission of covered content that are comparable to 
                the requirements for broadcast stations under section 
                317 (including as the application of such section is 
                modified by this subsection) with respect to the 
                broadcast of covered content;
                    ``(B) requirements for employees of cable 
                operators, DBS providers, and SDARS licensees with 
                respect to the transmission of covered content that are 
                comparable to the requirements for employees of 
                broadcast stations under section 507(a) (including as 
                the application of such section is modified by this 
                subsection) with respect to the broadcast of covered 
                content;
                    ``(C) requirements with respect to the inclusion of 
                covered content in any program or program matter that 
                is intended for transmission by any cable operator, DBS 
                provider, or SDARS licensee that are comparable to the 
                requirements with respect to the inclusion of covered 
                content in any program or program matter that is 
                intended for broadcasting over a broadcast station 
                under section 507(b) (including as the application of 
                such section is modified by this subsection); and
                    ``(D) requirements with respect to the supplying of 
                any program or program matter that is intended for 
                transmission by any cable operator, DBS provider, or 
                SDARS licensee, in any case in which covered content is 
                included as a part of the program or program matter 
                being supplied, that are comparable to the requirements 
                with respect to the supplying of any program or program 
                matter that is intended for broadcasting over a 
                broadcast station, in any case in which covered content 
                is included as a part of the program or program matter 
                being supplied, under section 507(c) (including as the 
                application of such section is modified by this 
                subsection).
    ``(c) Quarterly Reports.--
            ``(1) In general.--Not later than 14 days after the end of 
        a calendar quarter during which a covered provider receives a 
        request for which a record is required to be maintained under 
        subsection (a), or broadcasts or otherwise transmits covered 
        content for which an announcement is required by section 317 
        (including as the application of such section is modified by 
        subsection (b)) or by the regulations of the Commission issued 
        under paragraph (3) of such subsection, such provider shall 
        submit to the Commission, the Attorney General, and the 
        Secretary of State a report that summarizes any such requests 
        received, and any such covered content broadcast or otherwise 
        transmitted, by such provider during such quarter.
            ``(2) Form and contents.--The Commission may issue 
        regulations prescribing the form and contents of the reports 
        required by paragraph (1).
            ``(3) Public availability.--The Commission, the Attorney 
        General, and the Secretary of State shall make the reports 
        submitted under paragraph (1) publicly available on their 
        internet websites.
    ``(d) Definitions.--In this section:
            ``(1) Agent of a foreign principal.--The term `agent of a 
        foreign principal' has the meaning given such term in section 1 
        of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611).
            ``(2) Broadcast time.--The term `broadcast time' means 
        broadcast time, as such term is used in section 315(e).
            ``(3) Cablecast time.--The term `cablecast time' means 
        cablecast time, as such term is used in section 76.1701 of 
        title 47, Code of Federal Regulations.
            ``(4) Cable operator.--The term `cable operator' has the 
        meaning given such term in section 602.
            ``(5) Covered content.--The term `covered content' means 
        any program or other matter that--
                    ``(A) is broadcast or otherwise transmitted or 
                intended for broadcast or other transmission by a 
                covered provider; and
                    ``(B) is developed, produced, disseminated, or 
                funded by a registered foreign agent.
            ``(6) Covered provider.--The term `covered provider' means 
        a broadcast station licensee, cable operator, DBS provider, or 
        SDARS licensee.
            ``(7) Covered time.--The term `covered time' means--
                    ``(A) with respect to a broadcast station licensee, 
                broadcast time;
                    ``(B) with respect to a cable operator, cablecast 
                time;
                    ``(C) with respect to a DBS provider, DBS 
                origination time; and
                    ``(D) with respect to an SDARS licensee, SDARS 
                origination time.
            ``(8) DBS origination time.--The term `DBS origination 
        time' means DBS origination time, as such term is used in 
        section 25.701(d) of title 47, Code of Federal Regulations.
            ``(9) DBS provider.--The term `DBS provider' has the 
        meaning given such term in section 25.701(a) of title 47, Code 
        of Federal Regulations.
            ``(10) Foreign principal.--The term `foreign principal' has 
        the meaning given such term in section 1 of the Foreign Agents 
        Registration Act of 1938 (22 U.S.C. 611).
            ``(11) Registered foreign agent.--The term `registered 
        foreign agent' means an agent of a foreign principal registered 
        under section 2 of the Foreign Agents Registration Act of 1938 
        (22 U.S.C. 612).
            ``(12) SDARS licensee.--The term `SDARS licensee' means a 
        licensee in the Satellite Digital Audio Radio Service, as 
        defined in section 25.103 of title 47, Code of Federal 
        Regulations.
            ``(13) SDARS origination time.--The term `SDARS origination 
        time' means SDARS origination time, as such term is used in 
        section 25.702(b) of title 47, Code of Federal Regulations.''.
    (b) Effective Dates.--
            (1) Record of requests for covered time from registered 
        foreign agents.--Subsection (a) of section 722 of the 
        Communications Act of 1934, as added by subsection (a) of this 
        section, shall apply with respect to a request for covered time 
        made by a registered foreign agent after the date that is 90 
        days after the date of the enactment of this Act.
            (2) Sponsorship identification requirements.--Subsection 
        (b) of section 722 of the Communications Act of 1934, as added 
        by subsection (a) of this section, and the regulations 
        promulgated under paragraph (3) of such subsection (b), shall 
        apply--
                    (A) in the case of an announcement by a covered 
                provider under section 317 of the Communications Act of 
                1934 (47 U.S.C. 317) (including as the application of 
                such section is modified by such subsection (b)) or 
                under such regulations, only if the broadcast or other 
                transmission of covered content occurs after the date 
                that is 90 days after the Commission promulgates such 
                regulations; and
                    (B) in the case of a disclosure under section 507 
                of the Communications Act of 1934 (47 U.S.C. 507) 
                (including as the application of such section is 
                modified by such subsection (b)) or under such 
                regulations, only if the acceptance or agreement to 
                accept or payment or agreement to pay money, service, 
                or other valuable consideration (or the agreement in 
                the absence of any such consideration that is treated 
                as such acceptance and payment as provided in such 
                subsection (b) or such regulations) was made (in the 
                case of a payment) or entered into (in the case of an 
                agreement) after the date that is 90 days after the 
                Commission promulgates such regulations.
            (3) Definitions.--In this subsection, the terms defined in 
        subsection (d) of section 722 of the Communications Act of 
        1934, as added by subsection (a) of this section, shall have 
        the meanings given such terms in such subsection (d).
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