[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3969 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3969

 To amend the Communications Act of 1934 to strengthen the limitations 
on the holding of any license, permit, operating authority by a foreign 
      government or any entity controlled by a foreign government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2004

  Mr. Tauzin introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Communications Act of 1934 to strengthen the limitations 
on the holding of any license, permit, operating authority by a foreign 
      government or any entity controlled by a foreign government.

    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 Government Ownership Act of 
2004''.

SEC. 2. FOREIGN GOVERNMENT.

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

``SEC. 715. LIMITATIONS ON FOREIGN GOVERNMENT OWNERSHIP.

    ``(a) Prohibition.--Notwithstanding any other provision of this Act 
or any other law to the contrary, no license, permit, or operating 
authority under this Act may be granted to or held by a corporation, 
joint venture, partnership, other business organization, trust, or 
other entity after the date of enactment of the Foreign Government 
Ownership Act of 2004, if that corporation, joint venture, partnership, 
other business organization, trust, or other entity is directly or 
indirectly controlled by a foreign government or its representative, as 
determined under subsection (c).
    ``(b) Prohibition Is Absolute.--The Commission may not waive the 
application of subsection (a) under any other authority granted to the 
Commission under this or any other Act or under any Commission order or 
rule.
    ``(c) Test of Control.--A corporation, joint venture, partnership, 
other business organization, trust, or other entity shall be considered 
to be directly or indirectly controlled by a foreign government or its 
representatives if--
            ``(1) more than 25 percent of the ownership, voting rights, 
        capital stock, or other interest in that corporation or other 
        entity is owned, held, or controlled, directly or indirectly, 
        by a foreign government or its representatives;
            ``(2) a foreign government or its representatives has the 
        authority to approve or disapprove the appointment or 
        employment of any officer of the corporation, joint venture, 
        partnership, other business organization, trust, or other 
        entity; or
            ``(3) a foreign government or its representative has the 
        authority to exercise control over such corporation, joint 
        venture, partnership, other business organization, trust, or 
        other entity in any other manner.
    ``(d) Representatives.--A representative of a foreign government 
shall include any person or entity that acts on the instruction of a 
foreign government.
    ``(e) Enforcement.--The Commission shall--
            ``(1) revoke any license, permit, or operating authority 
        held in violation of subsection (a); and
            ``(2) auction or otherwise reassign any such license, 
        permit, or operating authority revoked under paragraph (1) 
        within 90 days after it is revoked.
    ``(f) Transition Period.--Notwithstanding subsection (e), the 
Commission may not commence enforcement action under that subsection 
against a corporation, joint venture, partnership, other business 
organization, trust, or other entity to which this section applies for 
6 months following the date of enactment of the Foreign Government 
Ownership Act of 2004.''.
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