[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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