[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1440 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 1440
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
March 8, 2017
Mr. Ben Ray Lujan of New Mexico (for himself, Mr. Yarmuth, Mr. Welch,
Mr. Khanna, Mr. Conyers, Mr. Cohen, Mr. Pallone, Mr. Butterfield, Mr.
Sarbanes, Mrs. Davis of California, Mr. McNerney, Ms. Eshoo, Mr.
Raskin, Ms. Shea-Porter, Ms. Jackson Lee, Mr. Pocan, Ms. Schakowsky,
Mr. O'Halleran, Mr. Quigley, Mr. Norcross, Ms. Norton, Mr. Tonko, Mr.
Loebsack, Ms. McCollum, Mr. Keating, Mr. Ruiz, Ms. Kaptur, Ms. Brownley
of California, Mr. Evans, 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 an
Executive order that made open and machine-readable data the
new default for 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 place on the Internet website
of the Commission certain materials in the files such 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 such 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) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall promulgate regulations that
require a covered entity, to the extent such entity is required to make
material in the public inspection file of such entity available on, or
upload such material to, an Internet website, to make such material
available or upload such material in a format that is machine-readable.
(b) Applicability.--The regulations promulgated under subsection
(a) shall apply--
(1) to a covered entity for which an online public
inspection file requirement is in effect on the date of the
promulgation of such regulations--
(A) 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
(B) with respect to the other portions of the
public inspection file, at the same time as such
regulations apply under subparagraph (A) with respect
to the political file portion of the public inspection
file or as soon thereafter as the Commission considers
practicable; and
(2) to a covered entity for which an online public
inspection file requirement becomes effective after the date of
the promulgation of such regulations--
(A) with respect to the political file portion of
the public inspection file, beginning on the later of--
(i) the date of applicability of such
regulations under paragraph (1)(A); or
(ii) the date on which the online public
inspection file requirement becomes effective
for such entity; and
(B) with respect to the other portions of the
public inspection file, at the same time as such
regulations apply under subparagraph (A) with respect
to the political file portion of the public inspection
file or as soon thereafter as the Commission considers
practicable.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered entity.--The term ``covered entity'' means a
television broadcast station, AM or FM radio broadcast station,
cable operator, direct broadcast satellite service provider, or
satellite digital audio radio service provider.
(3) Machine-readable.--The term ``machine-readable'' means,
with respect to the format of material in a public inspection
file, that such format supports the automated searching for
particular text within and among documents, the bulk
downloading of data contained in such material, the
aggregation, manipulation, sorting, and analysis of the data
contained in such material, and such other functionality as 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 such entity available on, or upload such
material to, an Internet website.
(5) Political file.--The term ``political file'' means,
with respect to a covered entity, the file that such 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
such 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 such 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 such entity, or under any similar
requirement applicable to such entity that is
administered by the Commission; and
(B) includes any political file that such entity is
required to maintain and make available for public
inspection.
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