[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4322 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4322
To identify and combat corruption in countries, to establish a tiered
system of countries with respect to levels of corruption by their
governments and their efforts to combat such corruption, and to
evaluate foreign persons engaged in grand corruption for inclusion as
specially designated nationals under the Global Magnitsky Human Rights
Accountability Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2021
Mr. Malinowski (for himself, Ms. Salazar, Mr. Cohen, Mr. Crenshaw, Mr.
Cleaver, and Mr. Phillips) introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To identify and combat corruption in countries, to establish a tiered
system of countries with respect to levels of corruption by their
governments and their efforts to combat such corruption, and to
evaluate foreign persons engaged in grand corruption for inclusion as
specially designated nationals under the Global Magnitsky Human Rights
Accountability Act.
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 ``Combating Global Corruption Act of
2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a
government official or government entity responsible
for, or complicit in, an act of corruption; and
(B) any company, in which a person or entity
described in subparagraph (A) has a significant stake,
which is responsible for, or complicit in, an act of
corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain, including
by bribery, nepotism, fraud, or embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-making,
such as policy or resource determinations, or other
fundamental functions of governance.
(B) Involves economically or socially large-scale
government activities.
SEC. 3. PUBLICATION OF TIERED RANKING LIST.
(a) In General.--The Secretary of State shall annually publish, on
a publicly accessible website, a tiered ranking of all foreign
countries.
(b) Tier 1 Countries.--A country shall be ranked as a tier 1
country in the ranking published under subsection (a) if the government
of such country is complying with the minimum standards set forth in
section 4.
(c) Tier 2 Countries.--A country shall be ranked as a tier 2
country in the ranking published under subsection (a) if the government
of such country is making efforts to comply with the minimum standards
set forth in section 4, but is not achieving the requisite level of
compliance to be ranked as a tier 1 country.
(d) Tier 3 Countries.--A country shall be ranked as a tier 3
country in the ranking published under subsection (a) if the government
of such country is making de minimis or no efforts to comply with the
minimum standards set forth in section 4.
SEC. 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND
ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION.
(a) In General.--The government of a country is complying with the
minimum standards for the elimination of corruption if the government--
(1) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
corruption, including significant corruption;
(2) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(3) prescribes punishment for significant corruption that
is commensurate with the punishment prescribed for serious
crimes; and
(4) is making serious and sustained efforts to address
corruption, including through prevention.
(b) Factors for Assessing Government Efforts To Combat
Corruption.--In determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of State shall
consider, to the extent relevant or appropriate, factors such as--
(1) whether the government of the country has criminalized
corruption, investigates and prosecutes acts of corruption, and
convicts and sentences persons responsible for such acts over
which it has jurisdiction, including, as appropriate,
incarcerating individuals convicted of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in foreign
military assignments, trade delegations abroad, or other
similar missions, who engage in or facilitate significant
corruption;
(3) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform and
educate the public, including potential victims, about the
causes and consequences of corruption;
(4) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and monitoring;
(6) whether an independent judiciary or judicial body in
the country is responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any improper
restrictions, influences, inducements, pressures, threats, or
interferences (direct or indirect);
(7) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat significant
corruption, including, as appropriate, cooperating with the
governments of other countries to extradite corrupt actors;
(8) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being further
victimized or persecuted by corrupt actors, government
officials, or others;
(9) whether the government of the country protects victims
of corruption or whistleblowers from reprisal due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons;
(10) whether the government of the country is willing and
able to recover and, as appropriate, return the proceeds of
corruption;
(11) whether the government of the country is taking steps
to implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating
corruption in other countries in connection with state-directed
investment, loans or grants for major infrastructure, or other
initiatives; and
(13) such other information relating to corruption as the
Secretary of State considers appropriate.
(c) Assessing Government Efforts To Combat Corruption in Relation
to Relevant International Commitments.--In determining whether a
government is making serious and sustained efforts to address
corruption, the Secretary of State shall consider the government of a
country's compliance with the following, as relevant:
(1) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29,
1996.
(2) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done at
Paris December 21, 1997 (commonly referred to as the ``Anti-
Bribery Convention'').
(3) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done
at New York October 31, 2003.
(5) Such other treaties, agreements, and international
standards as the Secretary of State considers appropriate.
SEC. 5. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS
ACCOUNTABILITY ACT.
(a) In General.--The Secretary of State, in coordination with the
Secretary of the Treasury, should evaluate whether there are foreign
persons engaged in significant corruption for the purposes of potential
imposition of sanctions under the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note)--
(1) in all countries identified as tier 3 countries under
section 3; or
(2) in relation to the planning or construction or any
operation of the Nord Stream 2 pipeline.
(b) Report Required.--Not later than 180 days after publishing the
list required by section 3(a) and annually thereafter, the Secretary of
State shall submit to the committees specified in subsection (f) a
report that includes--
(1) a list of foreign persons with respect to which the
President imposed sanctions pursuant to the evaluation under
subsection (a);
(2) the dates on which such sanctions were imposed;
(3) the reasons for imposing such sanctions; and
(4) a list of all foreign persons found to have been
engaged in significant corruption in relation to the planning,
construction, or operation of the Nord Stream 2 pipeline.
(c) Form of Report.--Each report required by subsection (b) shall
be submitted in unclassified form but may include a classified annex.
(d) Briefing in Lieu of Report.--The Secretary of State, in
coordination with the Secretary of the Treasury, may (except with
respect to the list required by subsection (b)(4)) provide a briefing
to the committees specified in subsection (f) instead of submitting a
written report required under subsection (b), if doing so would better
serve existing United States anti-corruption efforts or the national
interests of the Untied States.
(e) Termination of Requirements Relating to Nord Stream 2.--The
requirements under subsections (a)(2) and (b)(4) shall terminate on the
date that is 5 years after the date of the enactment of this Act.
(f) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
SEC. 6. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary of State shall annually designate an
anti-corruption point of contact at the United States diplomatic post
to each country identified as tier 2 or tier 3 under section 3, or
which the Secretary otherwise determines is in need of such a point of
contact. The point of contact shall be the chief of mission or the
chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of contact
designated under subsection (a) shall be responsible for enhancing
coordination and promoting the implementation of a whole-of-government
approach among the relevant Federal departments and agencies
undertaking efforts to--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries--
(A) to combat public corruption; and
(B) to develop and implement corruption risk
assessment tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement appropriate
training for anti-corruption points of contact designated under
subsection (a).
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