[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2167 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 2167

  To authorize the President to impose sanctions with respect to any 
 foreign person the President determines, based on credible evidence, 
    engages in public or private sector corruption activities that 
   adversely affect a United States foreign investor, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2019

Mr. Curtis (for himself and Mr. McCaul) 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 authorize the President to impose sanctions with respect to any 
 foreign person the President determines, based on credible evidence, 
    engages in public or private sector corruption activities that 
   adversely affect a United States foreign investor, 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 ``Protecting United States Businesses 
Abroad Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) United states foreign investor.--The term ``United 
        States foreign investor'' means a United States person who has 
        made a financial investment in a foreign country.
            (2) Credible evidence.--The term ``credible evidence'' 
        means evidence of any kind that appears worthy of belief, 
        including evidence consisting of the results of United States 
        or foreign law enforcement investigations or judicial 
        proceedings, law enforcement or intelligence information 
        available to any agency of the United States Government, 
        information obtained through diplomatic channels, open source 
        information that is publicly available in the United States or 
        foreign news media, and information provided by any United 
        States person or foreign person.
            (3) Entity.--The term ``entity'' means a partnership, 
        association, trust, joint venture, corporation, group, 
        subgroup, or other organization.
            (4) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (5) Person.--The term ``person'' means an individual or 
        entity.
            (6) 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 and entities outside the United 
        States that are substantially owned by a United States person 
        or persons), or any person in the United States.

SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

    (a) In General.--The President may impose the sanctions described 
in subsection (b) with respect to any foreign person who is an 
individual the President determines, based on credible evidence--
            (1) engages in public sector corruption activities against 
        a United States foreign investor, including--
                    (A) soliciting or accepting bribes;
                    (B) using the authority of the state to extort 
                payments, unjustly coerce or intimidate the United 
                States foreign investor, or otherwise unjustly thwart 
                investment by the United States foreign investor; or
                    (C) obstructing or otherwise improperly 
                manipulating or interfering with the impartial 
                operation of judicial or law enforcement processes;
            (2) expropriates the assets of a United States foreign 
        investor without providing just compensation;
            (3) engages in extortion, use of force, or the threat of 
        use of force against a United States foreign investor or the 
        family, employees, or associates of the United States foreign 
        investor; or
            (4) conspires to engage in, or knowingly and materially 
        assists, sponsors, or provides financial, material, or 
        technological support for any of the activities described in 
        paragraph (1), (2), or (3).
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) The person shall be ineligible to receive a visa to 
        enter the United States or to be admitted to the United States.
            (2) If the person has been issued a visa or other 
        documentation, revocation, in accordance with section 221(i) of 
        the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the 
        visa or other documentation.
    (c) Consideration of Certain Information in Imposing Sanctions.--In 
determining whether to impose sanctions under subsection (a), the 
President shall consider--
            (1) information provided by United States foreign investors 
        to an official of the United States Government designated by 
        the President to receive and evaluate such information;
            (2) information provided by the chairperson or ranking 
        member of each of the appropriate congressional committees; and
            (3) credible information obtained from other countries and 
        nongovernmental organizations, other agencies of the United 
        States Government, or publicly available open sources.
    (d) Exception To Comply With Law Enforcement Objectives and 
Agreement Regarding the Headquarters of the United Nations.--Sanctions 
under subsection (b) shall not apply to a person if admitting the 
person into the United States--
            (1) would further important law enforcement objectives; or
            (2) 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.
    (e) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section with respect to a person if 
the President determines and reports to the appropriate congressional 
committees not later than 15 days before the termination of the 
sanctions that--
            (1) credible information exists that the person did not 
        engage in the activity for which sanctions were imposed;
            (2) the person has been prosecuted appropriately for the 
        activity for which sanctions were imposed;
            (3) the person has credibly demonstrated a significant 
        change in behavior, has paid an appropriate consequence for the 
        activity for which sanctions were imposed, and has credibly 
        committed to not engage in an activity described in subsection 
        (a) in the future; or
            (4) the termination of the sanctions is in the national 
        security interests of the United States.
    (f) Regulatory Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to carry out this 
section.
    (g) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on the Judiciary and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on the Judiciary and the Committee on 
        Foreign Relations of the Senate.

SEC. 4. REPORTS TO CONGRESS.

    (a) In General.--The President shall submit to the appropriate 
congressional committees, in accordance with subsection (b), a report 
that includes--
            (1) a list of each foreign person with respect to which the 
        President imposed sanctions pursuant to section 3 during the 
        year preceding the submission of the report;
            (2) the number of foreign persons with respect to which the 
        President--
                    (A) imposed sanctions under section 3(a) during 
                that year; and
                    (B) terminated sanctions under section 3(f) during 
                that year;
            (3) the dates on which such sanctions were imposed or 
        terminated, as the case may be;
            (4) the reasons for imposing or terminating such sanctions; 
        and
            (5) the total number of foreign persons considered under 
        section 3(c) for whom sanctions were not imposed.
    (b) Dates for Submission.--
            (1) Initial report.--The President shall submit the initial 
        report under subsection (a) not later than 120 days after the 
        date of the enactment of this Act.
            (2) Subsequent reports.--The President shall submit a 
        subsequent report under subsection (a) on December 10, or the 
        first day thereafter on which both Houses of Congress are in 
        session, of--
                    (A) the calendar year in which the initial report 
                is submitted if the initial report is submitted before 
                December 10 of that calendar year; and
                    (B) each calendar year thereafter.
    (c) Form of Report.--
            (1) In general.--Each report required by subsection (a) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
            (2) Exception.--The name of a foreign person to be included 
        in the list required by subsection (a)(1) may be submitted in 
        the classified annex authorized by paragraph (1) only if the 
        President--
                    (A) determines that it is vital for the national 
                security interests of the United States to do so; and
                    (B) uses the annex in a manner consistent with 
                congressional intent and the purposes of this Act.
    (d) Public Availability.--
            (1) In general.--The unclassified portion of the report 
        required by subsection (a) shall be made available to the 
        public, including through publication in the Federal Register.
            (2) Nonapplicability of confidentiality requirement with 
        respect to visa records.--The President shall publish the list 
        required by subsection (a)(1) 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.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Appropriations, the Committee on 
        Foreign Affairs, and the Committee on the Judiciary of the 
        House of Representatives; and
            (2) the Committee on Appropriations, the Committee on 
        Foreign Relations, and the Committee on the Judiciary of the 
        Senate.

SEC. 5. STRATEGY TO PROTECT UNITED STATES FOREIGN INVESTORS.

    (a) In General.--The Secretary of State, in coordination with the 
Secretary of Commerce, the Secretary of the Treasury, and the heads of 
other relevant Federal departments and agencies, shall develop a 
strategy to coordinate United States Government efforts to protect 
United States foreign investors against corruption. The strategy shall 
call for the diplomatic and consular programs of the United States to 
protect United States foreign investors that are targeted by foreign 
persons engaged in public or private sector corruption.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report--
            (1) detailing the strategy required by subsection (a);
            (2) summarizing specific actions taken to protect United 
        States foreign investors since the last report; and
            (3) a detailed description of the tools currently available 
        to protect United States foreign investors investing abroad 
        from public and private sector corruption, as well as 
        recommendations for expanding such tools to better protect 
        United States foreign investors against corruption.
    (c) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Banking, Housing, and Urban Affairs, 
        the Committee on Finance, and the Committee on Foreign 
        Relations of the Senate; and
            (2) the Committee on Financial Services, the Committee on 
        Ways and Means, and the Committee on Foreign Affairs of the 
        House of Representatives.

SEC. 6. SUNSET.

    (a) In General.--The authority to impose sanctions under this Act 
shall terminate on the date that is 6 years after the date of enactment 
of this Act.
    (b) Continuation in Effect of Sanctions.--Sanctions imposed under 
this Act on or before the date specified in subsection (a), and in 
effect as of such date, shall remain in effect until terminated in 
accordance with the requirements of section 3(e).
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