[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5209 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5209
To combat the national security threat of foreign corruption and
kleptocracy, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2021
Mr. Cohen (for himself, Mr. Wilson of South Carolina, Mr. Malinowski,
Mr. Curtis, Mr. Cleaver, Mr. Fitzpatrick, Ms. Jackson Lee, Ms. Salazar,
Ms. Kaptur, Mr. Hill, Ms. Porter, Mr. Gonzalez of Ohio, Ms. Spanberger,
Mr. Hudson, Mr. Phillips, Mr. Veasey, Mr. Gallego, and Ms. Moore of
Wisconsin) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Foreign
Affairs, 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 combat the national security threat of foreign corruption and
kleptocracy, 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. SHORT TITLE.
This Act may be cited as the ``Counter-Kleptocracy Act''.
SEC. 2. COMBATING GLOBAL CORRUPTION ACT OF 2021.
(a) Short Title.--This section may be cited as the ``Combating
Global Corruption Act of 2021''.
(b) Definitions.--In this section:
(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.
(c) Publication of Tiered Ranking List.--
(1) In general.--The Secretary of State shall annually
publish, on a publicly accessible website, a tiered ranking of
all foreign countries.
(2) Tier 1 countries.--A country shall be ranked as a tier
1 country in the ranking published under paragraph (1) if the
government of such country is complying with the minimum
standards set forth in subsection (d).
(3) Tier 2 countries.--A country shall be ranked as a tier
2 country in the ranking published under paragraph (1) if the
government of such country is making efforts to comply with the
minimum standards set forth in subsection (d), but is not
achieving the requisite level of compliance to be ranked as a
tier 1 country.
(4) Tier 3 countries.--A country shall be ranked as a tier
3 country in the ranking published under paragraph (1) if the
government of such country is making de minimis or no efforts
to comply with the minimum standards set forth in subsection
(d).
(d) Minimum Standards for the Elimination of Corruption and
Assessment of Efforts To Combat Corruption.--
(1) In general.--The government of a country is complying
with the minimum standards for the elimination of corruption if
the government--
(A) has enacted and implemented laws and
established government structures, policies, and
practices that prohibit corruption, including
significant corruption;
(B) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair
judicial process, to have violated such laws;
(C) prescribes punishment for significant
corruption that is commensurate with the punishment
prescribed for serious crimes; and
(D) is making serious and sustained efforts to
address corruption, including through prevention.
(2) 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--
(A) 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;
(B) 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;
(C) 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;
(D) 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;
(E) 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;
(F) 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);
(G) 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;
(H) 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;
(I) 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;
(J) whether the government of the country is
willing and able to recover and, as appropriate, return
the proceeds of corruption;
(K) 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;
(L) 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
(M) such other information relating to corruption
as the Secretary of State considers appropriate.
(3) 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:
(A) The Inter-American Convention against
Corruption of the Organization of American States, done
at Caracas March 29, 1996.
(B) 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'').
(C) The United Nations Convention against
Transnational Organized Crime, done at New York
November 15, 2000.
(D) The United Nations Convention against
Corruption, done at New York October 31, 2003.
(E) Such other treaties, agreements, and
international standards as the Secretary of State
considers appropriate.
(e) Imposition of Sanctions Under Global Magnitsky Human Rights
Accountability Act.--
(1) 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)--
(A) in all countries identified as tier 3 countries
under subsection (c); or
(B) in relation to the planning or construction or
any operation of the Nord Stream 2 pipeline.
(2) Report required.--Not later than 180 days after
publishing the list required by subsection (c)(1) and annually
thereafter, the Secretary of State shall submit to the
committees specified in paragraph (6) a report that includes--
(A) a list of foreign persons with respect to which
the President imposed sanctions pursuant to the
evaluation under subsection (a);
(B) the dates on which such sanctions were imposed;
(C) the reasons for imposing such sanctions; and
(D) 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.
(3) Form of report.--Each report required by paragraph (2)
shall be submitted in unclassified form but may include a
classified annex.
(4) 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 paragraph (2)(D)) provide
a briefing to the committees specified in paragraph (6) instead
of submitting a written report required under paragraph (2), if
doing so would better serve existing United States anti-
corruption efforts or the national interests of the United
States.
(5) Termination of requirements relating to nord stream
2.--The requirements under paragraphs (1)(B) and (2)(D) shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
(6) Committees specified.--The committees specified in this
subsection are--
(A) 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
(B) 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.
(f) Designation of Embassy Anti-Corruption Points of Contact.--
(1) 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 subsection (c), 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.
(2) 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--
(A) promote good governance in foreign countries;
and
(B) enhance the ability of such countries--
(i) to combat public corruption; and
(ii) to develop and implement corruption
risk assessment tools and mitigation
strategies.
(3) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under paragraph (1).
SEC. 3. FOREIGN CORRUPTION ACCOUNTABILITY ACT.
(a) Short Title.--This section may be cited as the ``Foreign
Corruption Accountability Act''.
(b) Findings.--Congress finds the following:
(1) When public officials and their allies use the
mechanisms of government to engage in extortion or bribery,
they impoverish their countries' economic health and harm
citizens.
(2) By empowering the United States Government to hold to
account foreign public officials and their associates who
engage in extortion or bribery, the United States can deter
malfeasance and ultimately serve the citizens of fragile
countries suffocated by corrupt bureaucracies.
(3) The Special Inspector General for Afghan
Reconstruction's 2016 report ``Corruption in Conflict: Lessons
from the U.S. Experience in Afghanistan'' included the
recommendation, ``Congress should consider enacting legislation
that authorizes sanctions against foreign government officials
or their associates who engage in corruption.''.
(c) Authorization of Imposition of Sanctions.--
(1) In general.--The President may impose the sanctions
described in paragraph (2) with respect to any foreign person
who is an individual the President determines--
(A) engages in public corruption activities against
a United States person, including--
(i) soliciting or accepting bribes;
(ii) using the authority of the state to
extort payments; or
(iii) engaging in extortion; or
(B) conspires to engage in, or knowingly and
materially assists, sponsors, or provides significant
financial, material, or technological support for any
of the activities described in subparagraph (A).
(2) Sanctions described.--
(A) Ineligibility for visas and admissions to the
united states.--The foreign person shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer or the Secretary of State, (or a
designee of the Secretary of State) shall, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry
documentation issued to the foreign person
regardless of when the visa or other entry
documentation is issued.
(ii) Effect of revocation.--A revocation
under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(iii) Regulations required.--Not later than
180 days after the date of the enactment of
this Act, the Secretary of State shall
prescribe such regulations as are necessary to
carry out this subsection.
(3) Exception to comply with law enforcement objectives and
agreement regarding the headquarters of the united nations.--
Sanctions under paragraph (2) shall not apply to a foreign
person if admitting the person into the United States--
(A) would further important law enforcement
objectives; or
(B) is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between
the United Nations and the United States, or other
applicable international obligations of the United
States.
(4) Termination of sanctions.--The President may terminate
the application of sanctions under this section with respect to
a foreign person if the President determines and reports to the
appropriate congressional committees not later than 15 days
before the termination of the sanctions that--
(A) the person is no longer engaged in the activity
that was the basis for the sanctions or has taken
significant verifiable steps toward stopping the
activity;
(B) the President has received reliable assurances
that the person will not knowingly engage in activity
subject to sanctions under this part in the future; or
(C) the termination of the sanctions is in the
national security interests of the United States.
(5) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out
this section.
(6) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary, the Committee
on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives; and
(B) the Committee on the Judiciary, the Committee
on Banking, Housing, and Urban Affairs, and the
Committee on Foreign Relations of the Senate.
(d) Reports to Congress.--
(1) In general.--The President shall submit to the
appropriate congressional committees, in accordance with
paragraph (2), a report that includes--
(A) a list of each foreign person with respect to
which the President imposed sanctions pursuant to
subsection (c) during the year preceding the submission
of the report;
(B) the number of foreign persons with respect to
which the President--
(i) imposed sanctions under subsection
(c)(1) during that year; and
(ii) terminated sanctions under subsection
(c)(6) during that year;
(C) the dates on which such sanctions were imposed
or terminated, as the case may be;
(D) the reasons for imposing or terminating such
sanctions;
(E) the total number of foreign persons considered
under subsection (c)(3) for whom sanctions were not
imposed; and
(F) recommendations as to whether the imposition of
additional sanctions would be an added deterrent in
preventing public corruption.
(2) Dates for submission.--
(A) Initial report.--The President shall submit the
initial report under paragraph (1) not later than 120
days after the date of the enactment of this Act.
(B) Subsequent reports.--The President shall submit
a subsequent report under paragraph (1) on December 10,
or the first day thereafter on which both Houses of
Congress are in session, of--
(i) the calendar year in which the initial
report is submitted if the initial report is
submitted before December 10 of that calendar
year; and
(ii) each calendar year thereafter.
(3) Form of report.--
(A) In general.--Each report required by paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(B) Exception.--The name of a foreign person to be
included in the list required by paragraph (1)(A) may
be submitted in the classified annex authorized by
subparagraph (A) only if the President--
(i) determines that it is vital for the
national security interests of the United
States to do so; and
(ii) uses the annex in a manner consistent
with congressional intent and the purposes of
this section.
(4) Public availability.--
(A) In general.--The unclassified portion of the
report required by paragraph (1) shall be made
available to the public, including through publication
in the Federal Register.
(B) Nonapplicability of confidentiality requirement
with respect to visa records.--The President shall
publish the list required by paragraph (1)(A) without
regard to the requirements of section 222(f) of the
Immigration and Nationality Act (8 U.S.C. 1202(f)) with
respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the
United States.
(5) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations, the Committee
on Foreign Affairs, the Committee on Financial
Services, and the Committee on the Judiciary of the
House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Foreign Relations, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on the
Judiciary of the Senate.
(e) Sunset.--
(1) In general.--The authority to impose sanctions under
subsection (c) and the requirements to submit reports under
subsection (d) shall terminate on the date that is 6 years
after the date of enactment of this Act.
(2) Continuation in effect of sanctions.--Sanctions imposed
under subsection (c) on or before the date specified in
paragraph (1), and in effect as of such date, shall remain in
effect until terminated in accordance with the requirements of
subsection (c)(4).
(f) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) United states person.--The term ``United States
person'' means a person that is a United States citizen,
permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United
States.
(4) Person.--The term ``person'' means an individual or
entity.
(5) Public corruption.--The term ``public corruption''
means the unlawful exercise of entrusted public power for
private gain, including by bribery, nepotism, fraud, or
embezzlement.
SEC. 4. FOREIGN EXTORTION PREVENTION ACT.
(a) Short Title.--This section may be cited as the ``Foreign
Extortion Prevention Act''.
(b) Prohibition of Demand for Bribe.--Section 201 of title 18,
United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(4) The term `foreign official' means--
``(A) any official or employee of a foreign
government or any department, agency, or
instrumentality thereof;
``(B) any official or employee of a public
international organization;
``(C) any person acting in an official capacity for
or on behalf of any such government or department,
agency, or instrumentality, or for or on behalf of any
such public international organization; or
``(D) any person acting in an unofficial capacity
for or on behalf of and with authorization from any
such government or department, agency, or
instrumentality, or for or on behalf of and with
authorization from any such public international
organization.
``(5) The term `public international organization' means--
``(A) an organization that is designated by
Executive order pursuant to section 1 of the
International Organizations Immunities Act (22 U.S.C.
288); or
``(B) any other international organization that is
designated by the President by Executive order for the
purposes of this section, effective as of the date of
publication of such order in the Federal Register.'';
and
(2) by adding at the end the following:
``(f)(1) In General.--It shall be unlawful for any foreign official
or person selected to be a foreign official to corruptly demand, seek,
receive, accept, or agree to receive or accept, directly or indirectly,
anything of value personally or for any other person or non-
governmental entity, in or affecting interstate commerce, in return
for--
``(A) being influenced in the performance of any official
act;
``(B) being induced to do or omit to do any act in
violation of the official duty of such official or person; or
``(C) conferring any improper advantage,
in connection with obtaining or retaining business for or with, or
directing business to, any person.
``(2) Penalties.--Any person who violates paragraph (1) of
this section shall be fined not more than $250,000 or three
times the monetary equivalent of the thing of value, or
imprisoned for not more than fifteen years, or both.
``(3) Transfer.--Except for costs related to the
administration and enforcement of the Foreign Extortion
Prevention Act, all fines and penalties imposed against a
person under paragraph (2) of this section, whether pursuant to
a criminal prosecution, enforcement proceeding, deferred
prosecution agreement, non-prosecution agreement, a declination
to prosecute or enforce, a civil penalty, or any other
resolution, shall be deposited in the Victims of Kleptocracy
Fund established under subsection (l) of this section.
``(4) Jurisdiction.--An offense under paragraph (1) of this
section shall be subject to extraterritorial Federal
jurisdiction.
``(5) Report.--Not later than one year after the date of
enactment of the Foreign Extortion Prevention Act, and annually
thereafter, the Attorney General shall submit to the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate, and post on the
publicly available website of the Department of Justice, a
report--
``(A) providing an overview of the scale and nature
of bribery involving foreign officials, including an
analysis of where these crimes are most likely to be
committed;
``(B) focusing, in part, on demands by foreign
officials for bribes from United States domiciled or
incorporated entities, and the efforts of foreign
governments to prosecute such cases;
``(C) addressing United States diplomatic efforts
to protect United States domiciled or incorporated
entities from foreign bribery, and the effectiveness of
those efforts in protecting such entities;
``(D) summarizing major actions taken under this
section in the previous year, including, but not
limited to, enforcement actions taken and penalties
imposed;
``(E) evaluating the effectiveness of the
Department of Justice in enforcing this section;
``(F) detailing what resources or legislative
action the Department of Justice needs to ensure
adequate enforcement of this section; and
``(G) studying the efficacy of mutual legal
assistance treaties and how they can be improved or
built upon in multilateral fora, including the
identification of legal and policy issues that are
delaying prompt responses.
``(6) Annual publication of mutual legal assistance treaty
data.--Not later than one year after the date of enactment of
the Foreign Extortion Prevention Act, and annually thereafter,
the Attorney General shall publish on the website of the
Department of Justice--
``(A) the number of requests for mutual legal
assistance made to the Department of Justice from
foreign governments during the preceding year;
``(B) the number of requests for mutual legal
assistance returned for noncompliance during the
preceding year;
``(C) the reason or reasons each request for mutual
legal assistance returned for noncompliance was so
returned;
``(D) the number of requests for mutual legal
assistance processed by the Department of Justice
during the preceding year;
``(E) the median length of time taken to process a
request for mutual legal assistance by the Department
of Justice;
``(F) the number of requests for mutual legal
assistance that have been pending or not completely
fulfilled within six months of receipt and the number
of requests for mutual legal assistance that have been
pending or not completely fulfilled within one year or
longer of receipt; and
``(G) the number of outreach efforts by the
Department of Justice to explain how foreign countries
can receive mutual legal assistance.
``(7) Victims of kleptocracy fund.--There is established in
the United States Treasury a fund to be known as the `Victims
of Kleptocracy Fund'. Amounts deposited into the Victims of
Kleptocracy Fund pursuant to paragraph (3) of this subsection
or other law shall be available to the Attorney General,
without fiscal year limitation or need for subsequent
appropriation, only for the purposes of--
``(A) the International Criminal Investigative
Training Assistance Program;
``(B) the Kleptocracy Asset Recovery Initiative;
``(C) the Office of Overseas Prosecutorial
Development, Assistance, and Training; and
``(D) the Office of International Affairs,
including for the hiring of personnel to speed
processing of requests for mutual legal assistance.
``(8) Construction.--This subsection shall not be construed
as encompassing conduct that would violate section 30A of the
Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) or section
104 or 104A of the Foreign Corrupt Practices Act of 1977 (15
U.S.C. 78dd-2; 15 U.S.C. 78dd-3) whether pursuant to a theory
of direct liability, conspiracy, complicity, or otherwise.''.
SEC. 5. GOLDEN VISA ACCOUNTABILITY ACT.
(a) Short Title.--This section may be cited as the ``Golden Visa
Accountability Act''.
(b) Definitions.--In this section:
(1) Foreign state.--The term ``foreign state'' has the
meaning given such term in section 1603 of title 28, United
States Code.
(2) Foreign investor visa.--The term ``foreign investor
visa'' means any visa or passport granted by a foreign investor
visa program.
(3) Foreign investor visa denial.--The term ``foreign
investor visa denial'' means the decision of a foreign state to
deny an applicant a foreign investor visa because of
involvement in corruption or serious human rights abuse.
(4) Foreign investor visa program.--The term ``foreign
investor visa program'' means any visa or passport program of a
foreign state that provides a visa or citizenship in exchange
for an investment of any size.
(5) United states investor visa denial.--The term ``United
States investor visa denial'' means a decision to deny an
applicant a visa under section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)) because of involvement in
corruption or serious human rights abuse.
(6) Investor visa denials database.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall establish an investor visa denials
database. Initially, this database shall include
records related to United States investor visa denials,
for the purpose of coordinating with foreign states--
(i) to prevent the abuse of investor visas
by foreign corrupt officials or criminals;
(ii) to ensure that the proceeds of
corruption are not used to purchase an investor
visa; and
(iii) to counter the tendency of foreign
corrupt officials and criminals to ``shop'' for
an investor visa.
(B) Expansion.--The Secretary of State shall expand
the database to include foreign investor visa denials.
Foreign states that provide records related to foreign
investor visa denials for inclusion in the database
shall gain access to records contained therein.
Priority foreign states for inclusion in this database
are--
(i) the foreign states of the European
Union, which include Austria, Belgium,
Bulgaria, Croatia, Republic of Cyprus, Czech
Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy,
Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania,
Slovakia, Slovenia, Spain, and Sweden; and
(ii) the foreign states of the Five Eyes,
which include Australia, Canada, New Zealand,
and the United Kingdom.
(C) Admission.--Foreign states may of their own
volition apply for access to, and inclusion in, the
investor visa denials database. The Secretary of State
may admit a foreign state to the database if the
Secretary determines that--
(i) the foreign state will be honest and
forthcoming with records regarding its foreign
investor visa denials; and
(ii) the foreign investor visa program is
at risk of abuse by foreign corrupt officials.
SEC. 6. JUSTICE FOR VICTIMS OF KLEPTOCRACY ACT OF 2021.
(a) Short Title.--This section may be cited as the ``Justice for
Victims of Kleptocracy Act of 2021''.
(b) Forfeited Property.--
(1) In general.--Chapter 46 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 988. Accounting of certain forfeited property
``(a) Accounting.--The Attorney General shall make available to the
public an accounting of any property relating to foreign government
corruption that is forfeited to the United States under section 981 or
982.
``(b) Format.--The accounting described under subsection (a) shall
be published on the website of the Department of Justice in a format
that includes the following:
``(1) A heading as follows: `Assets stolen from the people
of ______ and recovered by the United States', the blank space
being filled with the name of the foreign government that is
the target of corruption.
``(2) The total amount recovered by the United States on
behalf of the foreign people that is the target of corruption
at the time when such recovered funds are deposited into the
Department of Justice Asset Forfeiture Fund or the Department
of the Treasury Forfeiture Fund.
``(c) Updated Website.--The Attorney General shall update the
website of the Department of Justice to include an accounting of any
new property relating to foreign government corruption that has been
forfeited to the United States under section 981 or 982 not later than
14 days after such forfeiture, unless such update would compromise an
ongoing law enforcement investigation.''.
(2) Clerical amendment.--The table of sections for chapter
46 of title 18, United States Code, is amended by adding at the
end the following:
``988. Accounting of certain forfeited property.''.
(c) Sense of Congress.--It is the sense of Congress that recovered
assets be returned for the benefit of the people harmed by the
corruption under conditions that reasonably ensure the transparent and
effective use, administration and monitoring of returned proceeds.
SEC. 7. REVEAL ACT.
(a) Short Title.--This section may be cited as the ``Revealing and
Explaining Visa Exclusions for Accountability and Legitimacy Act'' or
the ``REVEAL Act''.
(b) Limiting Confidentiality of Records.--
(1) In general.--Section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) is amended--
(A) in paragraph (1), by striking the period at the
end and inserting a semicolon;
(B) in paragraph (2)(B), by striking the period at
the end and inserting the following: ``; and''; and
(C) by adding at the end the following:
``(3) the Secretary of State may make available to the
public the identity of an individual alien determined to be
inadmissible to the United States pursuant to subparagraph (C)
of section 212(a)(3), and the grounds on which a determination
was made to refuse a visa or permit.''.
(2) Application.--This subsection and the amendments made
by this subsection shall apply with respect to any
determination under section 212(a)(3)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(C)) made before, on, or
after the date of enactment of this Act.
(3) Consideration of certain information in revealing
bans.--In determining whether to waive confidentiality under
section 222(f)(3) of the Immigration and Nationality Act, as
added by paragraph (1), the Secretary of State shall consider--
(A) information provided by the chairperson and
ranking member of each of the appropriate congressional
committees; and
(B) credible information obtained by other
countries and nongovernmental organizations that
monitor corruption and human rights abuse.
(c) Reports to Congress.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, and annually thereafter, the President
shall submit to the appropriate congressional committees a
report that includes, for the previous year--
(A) a list of each individual that the Secretary of
State determined was ineligible for an immigrant or
nonimmigrant visa pursuant to subparagraph (C) of
section 212(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)); and
(B) a list of each individual described in
subparagraph (A), but for whom the Secretary of State
determined not to make public the identity of the
individual, and the grounds on which the determination
of ineligibility was made.
(2) Form of report.--
(A) In general.--Each report required by paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(B) Exception.--The name of an alien to be included
in the list required by paragraph (1)(A)) may be
submitted in the classified annex authorized by
subparagraph (A) only if the President--
(i) determines that it is vital for the
national security interests of the United
States to do so;
(ii) uses the annex in a manner consistent
with congressional intent and the purposes of
this section; and
(iii) not later than 15 days before
submitting the name in a classified annex,
provides to the appropriate congressional
committees notice of, and a justification for,
including the name in the classified annex.
(3) Public availability.--
(A) In general.--The unclassified portion of the
report required by paragraph (1) shall be made
available to the public, including through publication
in the Federal Register.
(B) Nonapplicability of confidentiality requirement
with respect to visa records.--The President shall
publish the list required by paragraph (1)(A) without
regard to the requirements of section 222(f) of the
Immigration and Nationality Act (8 U.S.C. 1202(f)) with
respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the
United States.
(4) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 8. TRAP ACT OF 2021.
(a) Short Title.--This section may be cited as the ``Transnational
Repression Accountability and Prevention Act of 2021'' or as the ``TRAP
Act of 2021''.
(b) Transnational Repression Accountability and Prevention.--
(1) Findings.--Congress makes the following findings:
(A) The International Criminal Police Organization
(INTERPOL) works to prevent and fight crime through
enhanced cooperation and innovation on police and
security matters, including kleptocracy,
counterterrorism, cybercrime, counternarcotics, and
transnational organized crime.
(B) United States membership and participation in
INTERPOL advances the national security and law
enforcement interests of the United States related to
combating kleptocracy, terrorism, cybercrime,
narcotics, and transnational organized crime.
(C) Article 2 of INTERPOL's Constitution states
that the organization aims ``[to] ensure and promote
the widest possible mutual assistance between all
criminal police authorities . . . in the spirit of the
`Universal Declaration of Human Rights'''.
(D) Article 3 of INTERPOL's Constitution states
that ``[i]t is strictly forbidden for the Organization
to undertake any intervention or activities of a
political, military, religious or racial character''.
(E) These principles provide INTERPOL with a
foundation based on respect for human rights and
avoidance of politically motivated actions by the
organization and its members.
(F) According to the Justice Manual of the United
States Department of Justice, ``[i]n the United States,
national law prohibits the arrest of the subject of a
Red Notice issued by another INTERPOL member country,
based upon the notice alone''.
(2) Sense of congress.--It is the sense of Congress that
some INTERPOL member countries have repeatedly misused
INTERPOL's databases and processes, including Notice and
Diffusion mechanisms, for activities of an overtly political or
other unlawful character and in violation of international
human rights standards, including making requests to harass or
persecute political opponents, human rights defenders, or
journalists.
(3) Support for interpol institutional reforms.--The
Attorney General and the Secretary of State shall--
(A) use the voice, vote, and influence of the
United States, as appropriate, within INTERPOL's
General Assembly and Executive Committee to promote
reforms aimed at improving the transparency of INTERPOL
and ensuring its operation consistent with its
Constitution, particularly articles 2 and 3, and Rules
on the Processing of Data, including--
(i) supporting INTERPOL's reforms enhancing
the screening process for Notices, Diffusions,
and other INTERPOL communications to ensure
they comply with INTERPOL's Constitution and
Rules on the Processing of Data (RPD);
(ii) supporting and strengthening
INTERPOL's coordination with the Commission for
Control of INTERPOL's Files (CCF) in cases in
which INTERPOL or the CCF has determined that a
member country issued a Notice, Diffusion, or
other INTERPOL communication against an
individual in violation of articles 2 or 3 of
the INTERPOL Constitution, or the RPD, to
prohibit such member country from seeking the
publication or issuance of any subsequent
Notices, Diffusions, or other INTERPOL
communication against the same individual based
on the same set of claims or facts;
(iii) increasing, to the extent
practicable, dedicated funding to the CCF and
the Notices and Diffusions Task Force in order
to further expand operations related to the
review of requests for red notices and red
diffusions;
(iv) supporting candidates for positions
within INTERPOL's structures, including the
Presidency, Executive Committee, General
Secretariat, and CCF who have demonstrated
experience relating to and respect for the rule
of law;
(v) seeking to require INTERPOL in its
annual report to provide a detailed account,
disaggregated by member country or entity of--
(I) the number of Notice requests,
disaggregated by color, that it
received;
(II) the number of Notice requests,
disaggregated by color, that it
rejected;
(III) the category of violation
identified in each instance of a
rejected Notice;
(IV) the number of Diffusions that
it cancelled without reference to
decisions by the CCF; and
(V) the sources of all INTERPOL
income during the reporting period; and
(vi) supporting greater transparency by the
CCF in its annual report by providing a
detailed account, disaggregated by country,
of--
(I) the number of admissible
requests for correction or deletion of
data received by the CCF regarding
issued Notices, Diffusions, and other
INTERPOL communications; and
(II) the category of violation
alleged in each such complaint;
(B) inform the INTERPOL General Secretariat about
incidents in which member countries abuse INTERPOL
communications for politically motivated or other
unlawful purposes so that, as appropriate, action can
be taken by INTERPOL; and
(C) request to censure member countries that
repeatedly abuse and misuse INTERPOL's red notice and
red diffusion mechanisms, including restricting the
access of those countries to INTERPOL's data and
information systems.
(4) Report on interpol.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, and biannually
thereafter for a period of 4 years, the Attorney
General and the Secretary of State, in consultation
with the heads of other relevant United States
Government departments or agencies, shall submit to the
appropriate committees of Congress a report containing
an assessment of how INTERPOL member countries abuse
INTERPOL Red Notices, Diffusions, and other INTERPOL
communications for political motives and other unlawful
purposes within the past three years.
(B) Elements.--The report required under paragraph
(1) shall include the following elements:
(i) A list of countries that the Attorney
General and the Secretary determine have
repeatedly abused and misused the red notice
and red diffusion mechanisms for political
purposes.
(ii) A description of the most common
tactics employed by member countries in
conducting such abuse, including the crimes
most commonly alleged and the INTERPOL
communications most commonly exploited.
(iii) An assessment of the adequacy of
INTERPOL mechanisms for challenging abusive
requests, including the Commission for the
Control of INTERPOL's Files (CCF), an
assessment of the CCF's March 2017 Operating
Rules, and any shortcoming the United States
believes should be addressed.
(iv) A description of how INTERPOL's
General Secretariat identifies requests for red
notice or red diffusions that are politically
motivated or are otherwise in violation of
INTERPOL's rules and how INTERPOL reviews and
addresses cases in which a member country has
abused or misused the red notice and red
diffusion mechanisms for overtly political
purposes.
(v) A description of any incidents in which
the Department of Justice assesses that United
States courts and executive departments or
agencies have relied on INTERPOL communications
in contravention of existing law or policy to
seek the detention of individuals or render
judgments concerning their immigration status
or requests for asylum, with holding of
removal, or convention against torture claims
and any measures the Department of Justice or
other executive departments or agencies took in
response to these incidents.
(vi) A description of how the United States
monitors and responds to likely instances of
abuse of INTERPOL communications by member
countries that could affect the interests of
the United States, including citizens and
nationals of the United States, employees of
the United States Government, aliens lawfully
admitted for permanent residence in the United
States, aliens who are lawfully present in the
United States, or aliens with pending asylum,
withholding of removal, or convention against
torture claims, though they may be unlawfully
present in the United States.
(vii) A description of what actions the
United States takes in response to credible
information it receives concerning likely abuse
of INTERPOL communications targeting employees
of the United States Government for activities
they undertook in an official capacity.
(viii) A description of United States
advocacy for reform and good governance within
INTERPOL.
(ix) A strategy for improving interagency
coordination to identify and address instances
of INTERPOL abuse that affect the interests of
the United States, including international
respect for human rights and fundamental
freedoms, citizens and nationals of the United
States, employees of the United States
Government, aliens lawfully admitted for
permanent residence in the United States,
aliens who are lawfully present in the United
States, or aliens with pending asylum,
withholding of removal, or convention against
torture claims, though they may be unlawfully
present in the United States.
(C) Form of report.--Each report required under
this subsection shall be submitted in unclassified
form, but may include a classified annex, as
appropriate. The unclassified portion of the report
shall be posted on a publicly available website of the
Department of State and of the Department of Justice.
(D) Briefing.--Not later than 30 days after the
submission of each report under subparagraph (A), the
Department of Justice and the Department of State, in
coordination with other relevant United States
Government departments and agencies, shall brief the
appropriate committees of Congress on the content of
the reports and recent instances of INTERPOL abuse by
member countries and United States efforts to identify
and challenge such abuse, including efforts to promote
reform and good governance within INTERPOL.
(5) Prohibition regarding basis for extradition.--No United
States Government department or agency may extradite an
individual based solely on an INTERPOL Red Notice or Diffusion
issued by another INTERPOL member country for such individual.
(6) Definitions.--In this section:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate;
and
(ii) the Committee on Foreign Affairs and
the Committee on the Judiciary of the House of
Representatives.
(B) INTERPOL communications.--The term ``INTERPOL
communications'' means any INTERPOL Notice or Diffusion
or any entry into any INTERPOL database or other
communications system maintained by INTERPOL.
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