[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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