December 19, 2019 - Issue: Vol. 165, No. 206 — Daily Edition116th Congress (2019 - 2020) - 1st Session

[Pages S7234-S7236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                COMBATING GLOBAL CORRUPTION ACT OF 2019

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 144, S. 1309.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1309) 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 assess United 
     States assistance to designated countries in order to advance 
     anti-corruption efforts in those countries and better serve 
     United States taxpayers.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Foreign Relations, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. 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 public 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 public 
     corruption.
       (2) Foreign assistance.--The term ``foreign assistance'' 
     means assistance made available under--
       (A) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.); or
       (B) the Arms Export Control Act (22 U.S.C. 2751 et seq.).
       (3) Grand corruption.--The term ``grand corruption'' means 
     public corruption committed at a high level of government 
     that--
       (A) distorts policies or the central functioning of the 
     country; and
       (B) enables leaders to benefit at the expense of the public 
     good.
       (4) Petty corruption.--The term ``petty corruption'' means 
     the unlawful exercise of entrusted public power for private 
     gain by low- or mid-level public officials in their 
     interactions with ordinary citizens, including by bribery, 
     nepotism, fraud, or embezzlement.
       (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. 2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) it is in the foreign policy interest of the United 
     States to help other countries promote good governance and 
     combat public corruption, particularly grand corruption;
       (2) multiple departments and agencies across the United 
     States Government operate programs that promote good 
     governance in foreign countries and enhance foreign 
     countries' ability to combat public corruption;
       (3) the Department of State should promote coordination 
     among programs described in paragraph (2) to improve their 
     effectiveness and efficiency; and
       (4) the Department of State should identify areas in which 
     United States efforts to help other countries promote good 
     governance and combat public corruption could be enhanced.

     SEC. 3. ANNUAL REPORT.

       The Secretary shall annually submit to the appropriate 
     congressional committees and publish, on a publicly 
     accessible website, a report that--
       (1) groups foreign countries, by quintile, based on--
       (A) the World Bank Worldwide Governance Indicator on 
     Control of Corruption; and
       (B) the World Bank Worldwide Governance Indicator on Voice 
     and Accountability;
       (2) adds context and commentary, as appropriate, to the 
     World Bank Worldwide Governance Indicator on Control of 
     Corruption and the World Bank Worldwide Governance Indicator 
     on Voice and Accountability groupings under paragraph (1), as 
     appropriate, based on the factors outlined in section 4;
       (3) describes, based on the World Bank Worldwide Governance 
     Indicators and the factors outlined in section 4, the status 
     of foreign governments' efforts to combat public corruption; 
     and
       (4) describes the status of each foreign country's active 
     membership in voluntary multi-sectoral global governance 
     initiatives as evidence of the country's government-led 
     efforts to combat public corruption.

[[Page S7235]]

     SEC. 4. ADDITIONAL FACTORS FOR ASSESSING GOVERNMENT EFFORTS 
                   TO COMBAT PUBLIC CORRUPTION.

       (a) Factors for Assessing Government Efforts To Combat 
     Public Corruption.--In assessing a government's efforts to 
     combat public corruption, the Secretary of State should 
     consider, to the extent reliable information is available--
       (1) whether the country--
       (A) has enacted laws and established government structures, 
     policies, and practices that prohibit public corruption, 
     including grand corruption and petty corruption; and
       (B) enforces such laws through a fair judicial process;
       (2) whether the country prescribes appropriate punishment 
     for grand corruption that is commensurate with the punishment 
     prescribed for serious crimes;
       (3) whether the country prescribes appropriate punishment 
     for petty corruption that provides a sufficiently stringent 
     deterrent and adequately reflects the nature of the offense;
       (4) the extent to which the government of the country--
       (A) vigorously investigates and prosecutes acts of public 
     corruption; and
       (B) convicts and sentences persons responsible for such 
     acts that take place wholly or partly within such country, 
     including, as appropriate, requiring the incarceration of 
     individuals convicted of such acts;
       (5) the extent to which the government of the country 
     vigorously investigates, prosecutes, convicts, and sentences 
     public officials who participate in or facilitate public 
     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 
     severe forms of public corruption;
       (6) the extent to which the government of the country has 
     adopted measures to prevent public corruption, such as 
     measures to inform and educate the public, including 
     potential victims, about the causes and consequences of 
     public corruption;
       (7) steps taken by the government of the country to 
     prohibit government officials from participating in, 
     facilitating, or condoning public corruption, including the 
     investigation, prosecution, and conviction of such officials;
       (8) the extent to which the country government provides 
     access, or, as appropriate, makes adequate resources 
     available, to civil society organizations and other 
     institutions to combat public corruption, including 
     reporting, investigating, and monitoring;
       (9) the extent to which an independent judiciary or 
     judicial body in the country is responsible for, and 
     effectively capable of, deciding public 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) from any source or for any reason;
       (10) the extent to which the government of the country is 
     assisting in international investigations of transnational 
     public corruption networks and in other cooperative efforts 
     to combat grand corruption, including cooperating with the 
     governments of other countries to extradite corrupt actors;
       (11) the extent to which the government of the country 
     recognizes the rights of victims of public 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;
       (12) the extent to which the government of the country 
     refrains from prosecuting legitimate victims of public 
     corruption or whistleblowers due to such persons having 
     assisted in exposing public corruption, and refrains from 
     other discriminatory treatment of such persons; and
       (13) such other information relating to public corruption 
     as the Secretary of State considers appropriate.

     SEC. 5. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF 
                   CONTACT.

       (a) Designated Countries.--The Secretary of State shall 
     annually designate an anti-corruption point of contact at the 
     United States Mission to each country that he or she 
     determines is in need of such a point of contact.
       (b) Points of Contact Duties.--Each designated anti-
     corruption point of contact shall be responsible for 
     coordinating a whole-of-government approach to combating 
     public corruption in his or her posted country among relevant 
     United States Government departments or agencies with a 
     presence in that country, including, as applicable, the 
     Department of State, the Department of Justice, the 
     Department of the Treasury, the Department of Homeland 
     Security, and the United States Agency for International 
     Development.
       (c) Training.--The Secretary of State shall develop and 
     implement appropriate training for designated anti-corruption 
     points of contact.
       (d) Internal Reporting.--Each anti-corruption point of 
     contact shall submit an annual report to the Secretary 
     regarding anti-corruption activities within his or her posted 
     country that--
       (1) evaluates the effectiveness of current programs that 
     promote good governance and have an effect of combating 
     public corruption; and
       (2) identifies areas in which the United States 
     Government's approach could be enhanced, including specific 
     programs that could be used to enhance the whole-of-
     government approach.

     SEC. 6. INTERAGENCY WORKING GROUP.

       (a) In General.--The Secretary of State shall have primary 
     responsibility for managing a whole-of-government effort to 
     improve coordination among United States Government 
     departments and agencies that have a role in promoting good 
     governance in foreign countries and enhancing foreign 
     countries' ability to combat public corruption.
       (b) Task Force.--
       (1) Initial meeting.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall establish and convene an initial meeting of an 
     interagency task force, which shall be composed of--
       (A) representatives appointed by the President from the 
     departments and agency listed in section 5(b); and
       (B) representatives from any other United States Government 
     departments or agencies, as determined by the Secretary.
       (2) Additional meetings.--The task force described in 
     paragraph (1) shall meet not less frequently than twice per 
     year.
       (c) Task Force Duties.--The task force established pursuant 
     to subsection (b) shall--
       (1) assist the Secretary of State in managing the whole-of-
     government effort described in subsection (a);
       (2) evaluate, on a general basis, the effectiveness of 
     current programs that have an effect of combating public 
     corruption;
       (3) identify general areas in which the United States 
     Government's approach could be enhanced; and
       (4) identify specific programs for specific countries that 
     could be used to enhance the whole-of-government approach.

     SEC. 7. TRANSPARENCY AND ACCOUNTABILITY.

       (a) In General.--Not later than 60 days after publishing 
     the report required under section 3, and prior to obligation 
     by any United States agency of foreign assistance to the 
     government of a country ranked in the lowest 2 quintiles in 
     the World Bank Worldwide Governance Indicator on Control of 
     Corruption grouping described in section 3(1), the Secretary, 
     in coordination with the Administrator of USAID, as 
     appropriate, shall--
       (1) conduct a corruption risk assessment and create a 
     corruption mitigation strategy for all United States foreign 
     assistance programs in that country;
       (2) require the inclusion of anti-corruption clauses for 
     all foreign assistance contracts, grants, and cooperative 
     agreements, which allow for the termination of the contract, 
     grant, or cooperative agreement without penalty if credible 
     indicators of public corruption are discovered;
       (3) require the inclusion of appropriate clawback clauses 
     for all foreign assistance that has been misappropriated 
     through corruption;
       (4) require the appropriate disclosure to the United States 
     Government, in confidential form, if necessary, of the 
     beneficial ownership of contractors, subcontractors, 
     grantees, cooperative agreement participants, and other 
     organizations receiving funding from the United States 
     Government for foreign assistance programs; and
       (5) establish a mechanism for investigating allegations of 
     misappropriated foreign assistance funds or equipment.
       (b) Exceptions and Waiver.--
       (1) Exceptions.--Subsection (a) shall not apply to 
     humanitarian assistance, disaster assistance, or assistance 
     to combat corruption.
       (2) Waiver.--The Secretary of State may waive the 
     requirement to delay foreign assistance under subsection (a) 
     if the Secretary certifies to the appropriate congressional 
     committees that such waiver is important to the national 
     security interests of the United States.

     SEC. 8. RESOURCES AND REPORTING REQUIREMENTS.

       (a) Annual Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees that outlines the resources needed 
     to meet the objectives of this Act, including--
       (A) personnel needs; and
       (B) a description of the bureaucratic structure of the 
     offices within the Department of State and USAID that are 
     engaged in anti-corruption activities.
       (b) Annual Briefing.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall brief the appropriate congressional 
     committees on the implementation of this Act, including--
       (A) the designation of anti-corruption points of contact 
     for countries under section 5(a);
       (B) the training implemented under section 5(c);
       (C) the reports received from anti-corruption points of 
     contact under section 5(d);
       (D) the management of the whole-of-government effort to 
     improve coordination under section 6(a);
       (E) the establishment of the task force under section 6(b); 
     and
       (F) the activities of the task force under section 6(c).
       (2) Form of briefing.--The briefings under subsection (b) 
     shall be conducted on an in-person basis to members or staff 
     of the appropriate congressional committees. Portions of the 
     briefings may be conducted in a classified setting, as 
     needed.
       (c) Online Platform.--The Secretary of State and the USAID 
     Administrator shall consolidate existing reports with anti-
     corruption components into one online, public platform, which 
     shall--
       (1) include--
       (A) the Human Rights Report;
       (B) the Fiscal Transparency Report;
       (C) the Investment Climate Statement reports;
       (D) the International Narcotics Control Strategy Report; 
     and
       (E) any other relevant public reports;
       (2) link to third-party indicators and compliance 
     mechanisms used by the United States Government to inform 
     policy and programming, such as--
       (A) the International Finance Corporation's Doing Business 
     surveys;
       (B) the International Budget Partnership's Open Budget 
     Index; and

[[Page S7236]]

       (C) multilateral peer review anti-corruption compliance 
     mechanisms, such as the Organisation for Economic Co-
     operation and Development's Working Group on Bribery in 
     International Business Transactions and the United Nations 
     Convention Against Corruption, done at New York October 31, 
     2003, to further highlight expert international views on 
     country challenges and country efforts.
       (d) Training.--The Secretary of State and the USAID 
     Administrator shall incorporate anti-corruption components 
     into existing Foreign Service and Civil Service training 
     courses--
       (1) to increase the ability of Department of State and 
     USAID personnel to support anti-corruption as a foreign 
     policy and development priority; and
       (2) to strengthen their ability to design, implement, and 
     evaluate more effective anti-corruption programming around 
     the world, including enhancing skills to better evaluate and 
     mitigate public corruption risks in assistance programs.
  Mr. CARDIN. Mr. President, we need to pass the Combating Global 
Corruption Act. Today, I join with my colleague Senator Young to 
reaffirm bipartisan support for this important legislation.
  Corruption threatens international stability and security and poses a 
serious threat to democracy and democratic values. Ten days ago, 
December 9, was International AntiCorruption Day. This day provides an 
annual reminder of the dire need to prioritize combatting corruption 
here in the United States and around the world.
  Corruption undermines democratic institutions, it compromises the 
rule of law, and it erodes human rights protections. It damages 
America's global competitiveness and hampers economic growth in global 
markets. It fosters the conditions for violent extremism and weakens 
institutions associated with governance and accountability. These are 
direct threats to our national and international security.
  Earlier this year, Transparency International published its 
Corruption Perceptions Index for 2018. It underscored that the failure 
to curb corruption is contributing to a worldwide crisis of democracy. 
Not surprisingly then, Freedom House similarly reported that 2018 was 
marked by global declines in political rights and civil liberties for 
the 13th consecutive year. Sixty-eight countries suffered net declines 
in political rights and civil liberties during 2018, with only 50 
nations registering gains.
  We have all seen the headlines in recent years--from scandals in 
Liberia, Hungary, and Guatemala, to the doping by Russian athletes and 
their subsequent ban from the 2016 Summer Olympics and using aid to 
influence other nations' behavior.
  It is clear that where there are high levels of corruption, we find 
fragile states, authoritarian states, or states suffering from internal 
or external conflict--in places such as Lebanon, Afghanistan and 
Pakistan, Iraq, Syria, Somalia, Nigeria, and Sudan.
  Different domestic issues may have sparked the wave of massive 
protests we are observing today--whether they be increases in gas 
prices or metro fares--but many of these uprisings have been sustained 
by public desire to weed out leaders' corruption. Corruption is no 
longer being tolerated or excused.
  Corruption operates via extensive and entrenched networks in both the 
public and private sectors. It is ubiquitous and pervasive, but we must 
address it. The costs of not addressing it or rooting it out are just 
too great.
  Mr. President, we must be clear-eyed--any fight against corruption 
will be long-term and difficult. It is a fight against powerful people, 
powerful companies, and powerful interests. It is about changing a 
mindset and a culture as much as it is about establishing and enforcing 
laws.
  While previous anti-corruption legislation has been crucial, the 
Combatting Global Corruption Act takes our commitment to this value 
further by bringing a whole-of-government approach to the issue and 
bringing more transparency to the instances of corruption going on 
unnoticed in every country around the world.
  The Combatting Global Corruption Act requires the State Department to 
produce an annual assessment, either by a briefing or by a report, 
similar to the Trafficking in Persons Report, which takes a close look 
at each country's efforts to combat corruption. The assessment will 
measure indicators such as transparency, accountability, enforcement of 
anti-corruption laws, and the extent to which public power is used for 
private gain.
  That model, which has effectively advanced the effort to combat 
modern-day slavery, will similarly embed the issue of corruption in our 
collective work and make other nations more conscious of their 
corruption levels.
  The bill includes clear definitions of corruption and corrupt 
activities and underscores the importance of prioritizing corruption 
into strategic planning--across our agencies, bureaus, and our missions 
overseas.
  It specifically increases coordination on anti-corruption efforts 
between the Department of State and USAID and formally engages our 
embassies in the fight against corruption by establishing anti-
corruption points of contact at our Embassies in critical countries.
  We work across multiple agencies and in multiple offices to combat 
corruption. The roles of these points of contact, comprised of either 
the chief of mission or personnel designated for the role by the chief 
of mission, will foster greater coordination on anticorruption efforts 
within the U.S. government.
  It is time for the U.S. Congress to send a strong message to our 
Nation and to the world that corruption cannot be accepted as the 
status quo.
  It is time that we back up our words--our commitment to supporting 
democratization, human rights, and fairness globally--with action to 
protect those critically important values. Let's pass the Combating 
Global Corruption Act.
  Mr. McCONNELL. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; that the Cardin substitute amendment 
at the desk be considered and agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported substitute amendment was withdrawn.
  The amendment (No. 1275), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 1309), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________