Foreign Corruption Accountability Act

I 117TH CONGRESS 1ST SESSION H. R. 3887 To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 15, 2021 Mr. CURTIS (for himself, Mr. MALINOWSKI, Mr. FITZPATRICK, Mr. PHILLIPS, Mr. COHEN, Ms. JACKSON LEE, Ms. PORTER, Ms. SALAZAR, Ms. SPANBERGER, and Ms. KAPTUR) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize the President to impose sanctions with respect to any foreign person the President determines engages in public or private corruption activities that adversely affect a United States person, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Foreign Corruption 4 Accountability Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3887 IH (1) When public officials and their allies use the 1 mechanisms of government to engage in extortion or 2 bribery, they impoverish their countries’ economic 3 health and harm citizens. 4 (2) By empowering the United States Govern- 5 ment to hold to account foreign public officials and 6 their associates who engage in extortion or bribery, 7 the United States can deter malfeasance and ulti- 8 mately serve the citizens of fragile countries suffo- 9 cated by corrupt bureaucracies. 10 (3) The Special Inspector General for Afghan 11 Reconstruction’s 2016 report ‘‘Corruption in Con- 12 flict: Lessons from the U.S. Experience in Afghani- 13 stan’’ included the recommendation, ‘‘Congress 14 should consider enacting legislation that authorizes 15 sanctions against foreign government officials or 16 their associates who engage in corruption.’’. 17 SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 18 (a) IN GENERAL.—The President may impose the 19 sanctions described in subsection (b) with respect to any 20 foreign person who is an individual the President deter- 21 mines— 22 (1) engages in public corruption activities 23 against a United States person, including— 24 (A) soliciting or accepting bribes; 25 VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3887 IH (B) using the authority of the state to ex- 1 tort payments; or 2 (C) engaging in extortion; or 3 (2) conspires to engage in, or knowingly and 4 materially assists, sponsors, or provides significant 5 financial, material, or technological support for any 6 of the activities described in paragraph (1). 7 (b) SANCTIONS DESCRIBED.— 8 (1) INELIGIBILITY FOR VISAS AND ADMISSIONS 9 TO THE UNITED STATES.—The foreign person shall 10 be— 11 (A) inadmissible to the United States; 12 (B) ineligible to receive a visa or other doc- 13 umentation to enter the United States; and 14 (C) otherwise ineligible to be admitted or 15 paroled into the United States or to receive any 16 other benefit under the Immigration and Na- 17 tionality Act (8 U.S.C. 1101 et seq.). 18 (2) CURRENT VISAS REVOKED.— 19 (A) IN GENERAL.—The issuing consular 20 officer or the Secretary of State, (or a designee 21 of the Secretary of State) shall, in accordance 22 with section 221(i) of the Immigration and Na- 23 tionality Act (8 U.S.C. 1201(i)), revoke any 24 visa or other entry documentation issued to the 25 VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3887 IH foreign person regardless of when the visa or 1 other entry documentation is issued. 2 (B) EFFECT OF REVOCATION.—A revoca- 3 tion under subparagraph (A) shall— 4 (i) take effect immediately; and 5 (ii) automatically cancel any other 6 valid visa or entry documentation that is in 7 the foreign person’s possession. 8 (C) REGULATIONS REQUIRED.—Not later 9 than 180 days after the date of the enactment 10 of this Act, the Secretary of State shall pre- 11 scribe such regulations as are necessary to 12 carry out this subsection. 13 (c) EXCEPTION TO COMPLY WITH LAW ENFORCE- 14 MENT OBJECTIVES AND AGREEMENT REGARDING THE 15 HEADQUARTERS OF THE UNITED NATIONS.—Sanctions 16 under subsection (b) shall not apply to a foreign person 17 if admitting the person into the United States— 18 (1) would further important law enforcement 19 objectives; or 20 (2) is necessary to permit the United States to 21 comply with the Agreement regarding the Head- 22 quarters of the United Nations, signed at Lake Suc- 23 cess June 26, 1947, and entered into force Novem- 24 ber 21, 1947, between the United Nations and the 25 VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3887 IH United States, or other applicable international obli- 1 gations of the United States. 2 (d) TERMINATION OF SANCTIONS.—The President 3 may terminate the application of sanctions under this sec- 4 tion with respect to a foreign person if the President deter- 5 mines and reports to the appropriate congressional com- 6 mittees not later than 15 days before the termination of 7 the sanctions that— 8 (1) the person is no longer engaged in the activ- 9 ity that was the basis for the sanctions or has taken 10 significant verifiable steps toward stopping the activ- 11 ity; 12 (2) the President has received reliable assur- 13 ances that the person will not knowingly engage in 14 activity subject to sanctions under this part in the 15 future; or 16 (3) the termination of the sanctions is in the 17 national security interests of the United States. 18 (e) REGULATORY AUTHORITY.—The President shall 19 issue such regulations, licenses, and orders as are nec- 20 essary to carry out this section. 21 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 22 FINED.—In this section, the term ‘‘appropriate congres- 23 sional committees’’ means— 24 VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3887 IH (1) the Committee on the Judiciary, the Com- 1 mittee on Financial Services, and the Committee on 2 Foreign Affairs of the House of Representatives; 3 and 4 (2) the Committee on the Judiciary, the Com- 5 mittee on Banking, Housing, and Urban Affairs, 6 and the Committee on Foreign Relations of the Sen- 7 ate. 8 SEC. 4. REPORTS TO CONGRESS. 9 (a) IN GENERAL.—The President shall submit to the 10 appropriate congressional committees, in accordance with 11 subsection (b), a report that includes— 12 (1) a list of each foreign person with respect to 13 which the President imposed sanctions pursuant to 14 section 3 during the year preceding the submission 15 of the report; 16 (2) the number of foreign persons with respect 17 to which the President— 18 (A) imposed sanctions under section 3(a) 19 during that year; and 20 (B) terminated sanctions under section 21 3(f) during that year; 22 (3) the dates on which such sanctions were im- 23 posed or terminated, as the case may be; 24 VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3887 IH (4) the reasons for imposing or terminating 1 such sanctions; 2 (5) the total number of foreign persons consid- 3 ered under section 3(c) for whom sanctions were not 4 imposed; and 5 (6) recommendations as to whether the imposi- 6 tion of additional sanctions would be an added deter- 7 rent in preventing public corruption. 8 (b) DATES FOR SUBMISSION.— 9 (1) INITIAL REPORT.—The President shall sub- 10 mit the initial report under subsection (a) not later 11 than 120 days after the date of the enactment of 12 this Act. 13 (2) SUBSEQUENT REPORTS.—The President 14 shall submit a subsequent report under subsection 15 (a) on December 10, or the first day thereafter on 16 which both Houses of Congress are in session, of— 17 (A) the calendar year in which the initial 18 report is submitted if the initial report is sub- 19 mitted before December 10 of that calendar 20 year; and 21 (B) each calendar year thereafter. 22 (c) FORM OF REPORT.— 23 VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3887 IH (1) IN GENERAL.—Each report required by 1 subsection (a) shall be submitted in unclassified 2 form, but may include a classified annex. 3 (2) EXCEPTION.—The name of a foreign person 4 to be included in the list required by subsection 5 (a)(1) may be submitted in the classified annex au- 6 thorized by paragraph (1) only if the President— 7 (A) determines that it is vital for the na- 8 tional security interests of the United States to 9 do so; and 10 (B) uses the annex in a manner consistent 11 with congressional intent and the purposes of 12 this Act. 13 (d) PUBLIC AVAILABILITY.— 14 (1) IN GENERAL.—The unclassified portion of 15 the report required by subsection (a) shall be made 16 available to the public, including through publication 17 in the Federal Register. 18 (2) NONAPPLICABILITY OF CONFIDENTIALITY 19 REQUIREMENT WITH RESPECT TO VISA RECORDS.— 20 The President shall publish the list required by sub- 21 section (a)(1) without regard to the requirements of 22 section 222(f) of the Immigration and Nationality 23 Act (8 U.S.C. 1202(f)) with respect to confiden- 24 VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3887 IH tiality of records pertaining to the issuance or re- 1 fusal of visas or permits to enter the United States. 2 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 3 FINED.—In this section, the term ‘‘appropriate congres- 4 sional committees’’ means— 5 (1) the Committee on Appropriations, the Com- 6 mittee on Foreign Affairs, the Committee on Finan- 7 cial Services, and the Committee on the Judiciary of 8 the House of Representatives; and 9 (2) the Committee on Appropriations, the Com- 10 mittee on Foreign Relations, the Committee on 11 Banking, Housing, and Urban Affairs, and the Com- 12 mittee on the Judiciary of the Senate. 13 SEC. 5. SUNSET. 14 (a) IN GENERAL.—The authority to impose sanctions 15 under section 3 and the requirements to submit reports 16 under section 4 shall terminate on the date that is 6 years 17 after the date of enactment of this Act. 18 (b) CONTINUATION IN EFFECT OF SANCTIONS.— 19 Sanctions imposed under section 3 on or before the date 20 specified in subsection (a), and in effect as of such date, 21 shall remain in effect until terminated in accordance with 22 the requirements of section 3(d). 23 SEC. 6. DEFINITIONS. 24 In this Act: 25 VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3887 IH (1) ENTITY.—The term ‘‘entity’’ means a part- 1 nership, association, trust, joint venture, corpora- 2 tion, group, subgroup, or other organization. 3 (2) FOREIGN PERSON.—The term ‘‘foreign per- 4 son’’ means a person that is not a United States 5 person. 6 (3) UNITED STATES PERSON.—The term 7 ‘‘United States person’’ means a person that is a 8 United States citizen, permanent resident alien, enti- 9 ty organized under the laws of the United States or 10 any jurisdiction within the United States (including 11 foreign branches), or any person in the United 12 States. 13 (4) PERSON.—The term ‘‘person’’ means an in- 14 dividual or entity. 15 (5) PUBLIC CORRUPTION.—The term ‘‘public 16 corruption’’ means the unlawful exercise of entrusted 17 public power for private gain, including by bribery, 18 nepotism, fraud, or embezzlement. 19 Æ VerDate Sep 11 2014 02:41 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H3887.IH H3887 kjohnson on DSK79L0C42PROD with BILLS