[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1702 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1702
To amend PROMESA to include certain ethics provisions to provide for
the disqualification of certain advisors to the Financial Oversight and
Management Board, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mrs. Gonzalez-Colon (for herself, Mr. Torres of New York, and Mr. Soto)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To amend PROMESA to include certain ethics provisions to provide for
the disqualification of certain advisors to the Financial Oversight and
Management Board, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DISQUALIFICATION OF CERTAIN ADVISORS TO THE FINANCIAL
OVERSIGHT AND MANAGEMENT BOARD.
Section 109 of PROMESA (48 U.S.C. 2129) is amended by adding at the
end the following:
``(c) Disqualification of Certain Advisors.--
``(1) Definition of covered contract.--In this subsection,
the term `covered contract' means a contract with the
territorial government or an instrumentality of the territorial
government, the performance of which is within the jurisdiction
of the Oversight Board under section 204(b).
``(2) Disqualification.--In accordance with the rules
adopted by the Oversight Board under paragraph (3), any third-
party advisory or consulting firm shall be disqualified from
advising the Oversight Board for the duration of any period
during which the firm has as a client, or provides advisory or
other consulting services in any capacity to, an individual,
corporation, association, organization, or other business
entity, including a subsidiary, that is competing for, or is
performing, a covered contract.
``(3) Rules.--For purposes of carrying out paragraph (2),
the Oversight Board shall adopt rules to carry out the
following:
``(A) To be eligible to advise or consult the
Oversight Board with respect to the review,
procurement, or performance of a covered contract, a
third-party advisory or consulting firm shall certify
to the Oversight Board that the third-party advisory or
consulting firm is not disqualified from advising the
Oversight Board under paragraph (2).
``(B) Any officer or employee of a third-party
advisory or consulting firm who prepares, presents, or
certifies any information or report with respect to the
certification of the third-party advisory or consulting
firm under subparagraph (A) for the Oversight Board, or
any agent of the Oversight Board, that is intentionally
false or misleading, or, on learning that any such
information is false or misleading, fails to
immediately advise the Oversight Board or an agent of
the Oversight Board in writing, shall be subject to
prosecution and penalties under law.
``(C) If, after an investigation conducted by the
Oversight Board, the Oversight Board determines that a
third-party advisory or consulting firm has provided
services to the Oversight Board in violation of
paragraph (2), has failed to submit a certification
required under subparagraph (A), or is in violation of
subparagraph (B) (including any rules adopted under
subparagraph (A) or (B)), the Oversight Board shall
immediately refer such information to the Attorney
General for the covered territory and the Office of the
United States Attorney for the covered territory.''.
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