[Congressional Record Volume 165, Number 206 (Thursday, December 19, 2019)]
[Senate]
[Pages S7234-S7236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMBATING GLOBAL CORRUPTION ACT OF 2019
Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 144, S. 1309.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1309) to identify and combat corruption in
countries, to establish a tiered system of countries with
respect to levels of corruption by their governments and
their efforts to combat such corruption, and to assess United
States assistance to designated countries in order to advance
anti-corruption efforts in those countries and better serve
United States taxpayers.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations, with
an amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. DEFINITIONS.
In this Act:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a government
official or government entity responsible for, or complicit
in, an act of public corruption; and
(B) any company, in which a person or entity described in
subparagraph (A) has a significant stake, which is
responsible for, or complicit in, an act of public
corruption.
(2) Foreign assistance.--The term ``foreign assistance''
means assistance made available under--
(A) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.); or
(B) the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(3) Grand corruption.--The term ``grand corruption'' means
public corruption committed at a high level of government
that--
(A) distorts policies or the central functioning of the
country; and
(B) enables leaders to benefit at the expense of the public
good.
(4) Petty corruption.--The term ``petty corruption'' means
the unlawful exercise of entrusted public power for private
gain by low- or mid-level public officials in their
interactions with ordinary citizens, including by bribery,
nepotism, fraud, or embezzlement.
(5) Public corruption.--The term ``public corruption''
means the unlawful exercise of entrusted public power for
private gain, including by bribery, nepotism, fraud, or
embezzlement.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help other countries promote good governance and
combat public corruption, particularly grand corruption;
(2) multiple departments and agencies across the United
States Government operate programs that promote good
governance in foreign countries and enhance foreign
countries' ability to combat public corruption;
(3) the Department of State should promote coordination
among programs described in paragraph (2) to improve their
effectiveness and efficiency; and
(4) the Department of State should identify areas in which
United States efforts to help other countries promote good
governance and combat public corruption could be enhanced.
SEC. 3. ANNUAL REPORT.
The Secretary shall annually submit to the appropriate
congressional committees and publish, on a publicly
accessible website, a report that--
(1) groups foreign countries, by quintile, based on--
(A) the World Bank Worldwide Governance Indicator on
Control of Corruption; and
(B) the World Bank Worldwide Governance Indicator on Voice
and Accountability;
(2) adds context and commentary, as appropriate, to the
World Bank Worldwide Governance Indicator on Control of
Corruption and the World Bank Worldwide Governance Indicator
on Voice and Accountability groupings under paragraph (1), as
appropriate, based on the factors outlined in section 4;
(3) describes, based on the World Bank Worldwide Governance
Indicators and the factors outlined in section 4, the status
of foreign governments' efforts to combat public corruption;
and
(4) describes the status of each foreign country's active
membership in voluntary multi-sectoral global governance
initiatives as evidence of the country's government-led
efforts to combat public corruption.
[[Page S7235]]
SEC. 4. ADDITIONAL FACTORS FOR ASSESSING GOVERNMENT EFFORTS
TO COMBAT PUBLIC CORRUPTION.
(a) Factors for Assessing Government Efforts To Combat
Public Corruption.--In assessing a government's efforts to
combat public corruption, the Secretary of State should
consider, to the extent reliable information is available--
(1) whether the country--
(A) has enacted laws and established government structures,
policies, and practices that prohibit public corruption,
including grand corruption and petty corruption; and
(B) enforces such laws through a fair judicial process;
(2) whether the country prescribes appropriate punishment
for grand corruption that is commensurate with the punishment
prescribed for serious crimes;
(3) whether the country prescribes appropriate punishment
for petty corruption that provides a sufficiently stringent
deterrent and adequately reflects the nature of the offense;
(4) the extent to which the government of the country--
(A) vigorously investigates and prosecutes acts of public
corruption; and
(B) convicts and sentences persons responsible for such
acts that take place wholly or partly within such country,
including, as appropriate, requiring the incarceration of
individuals convicted of such acts;
(5) the extent to which the government of the country
vigorously investigates, prosecutes, convicts, and sentences
public officials who participate in or facilitate public
corruption, including nationals of the country who are
deployed in foreign military assignments, trade delegations
abroad, or other similar missions who engage in or facilitate
severe forms of public corruption;
(6) the extent to which the government of the country has
adopted measures to prevent public corruption, such as
measures to inform and educate the public, including
potential victims, about the causes and consequences of
public corruption;
(7) steps taken by the government of the country to
prohibit government officials from participating in,
facilitating, or condoning public corruption, including the
investigation, prosecution, and conviction of such officials;
(8) the extent to which the country government provides
access, or, as appropriate, makes adequate resources
available, to civil society organizations and other
institutions to combat public corruption, including
reporting, investigating, and monitoring;
(9) the extent to which an independent judiciary or
judicial body in the country is responsible for, and
effectively capable of, deciding public corruption cases
impartially, on the basis of facts and in accordance with the
law, without any improper restrictions, influences,
inducements, pressures, threats, or interferences (direct or
indirect) from any source or for any reason;
(10) the extent to which the government of the country is
assisting in international investigations of transnational
public corruption networks and in other cooperative efforts
to combat grand corruption, including cooperating with the
governments of other countries to extradite corrupt actors;
(11) the extent to which the government of the country
recognizes the rights of victims of public corruption,
ensures their access to justice, and takes steps to prevent
victims from being further victimized or persecuted by
corrupt actors, government officials, or others;
(12) the extent to which the government of the country
refrains from prosecuting legitimate victims of public
corruption or whistleblowers due to such persons having
assisted in exposing public corruption, and refrains from
other discriminatory treatment of such persons; and
(13) such other information relating to public corruption
as the Secretary of State considers appropriate.
SEC. 5. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF
CONTACT.
(a) Designated Countries.--The Secretary of State shall
annually designate an anti-corruption point of contact at the
United States Mission to each country that he or she
determines is in need of such a point of contact.
(b) Points of Contact Duties.--Each designated anti-
corruption point of contact shall be responsible for
coordinating a whole-of-government approach to combating
public corruption in his or her posted country among relevant
United States Government departments or agencies with a
presence in that country, including, as applicable, the
Department of State, the Department of Justice, the
Department of the Treasury, the Department of Homeland
Security, and the United States Agency for International
Development.
(c) Training.--The Secretary of State shall develop and
implement appropriate training for designated anti-corruption
points of contact.
(d) Internal Reporting.--Each anti-corruption point of
contact shall submit an annual report to the Secretary
regarding anti-corruption activities within his or her posted
country that--
(1) evaluates the effectiveness of current programs that
promote good governance and have an effect of combating
public corruption; and
(2) identifies areas in which the United States
Government's approach could be enhanced, including specific
programs that could be used to enhance the whole-of-
government approach.
SEC. 6. INTERAGENCY WORKING GROUP.
(a) In General.--The Secretary of State shall have primary
responsibility for managing a whole-of-government effort to
improve coordination among United States Government
departments and agencies that have a role in promoting good
governance in foreign countries and enhancing foreign
countries' ability to combat public corruption.
(b) Task Force.--
(1) Initial meeting.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State
shall establish and convene an initial meeting of an
interagency task force, which shall be composed of--
(A) representatives appointed by the President from the
departments and agency listed in section 5(b); and
(B) representatives from any other United States Government
departments or agencies, as determined by the Secretary.
(2) Additional meetings.--The task force described in
paragraph (1) shall meet not less frequently than twice per
year.
(c) Task Force Duties.--The task force established pursuant
to subsection (b) shall--
(1) assist the Secretary of State in managing the whole-of-
government effort described in subsection (a);
(2) evaluate, on a general basis, the effectiveness of
current programs that have an effect of combating public
corruption;
(3) identify general areas in which the United States
Government's approach could be enhanced; and
(4) identify specific programs for specific countries that
could be used to enhance the whole-of-government approach.
SEC. 7. TRANSPARENCY AND ACCOUNTABILITY.
(a) In General.--Not later than 60 days after publishing
the report required under section 3, and prior to obligation
by any United States agency of foreign assistance to the
government of a country ranked in the lowest 2 quintiles in
the World Bank Worldwide Governance Indicator on Control of
Corruption grouping described in section 3(1), the Secretary,
in coordination with the Administrator of USAID, as
appropriate, shall--
(1) conduct a corruption risk assessment and create a
corruption mitigation strategy for all United States foreign
assistance programs in that country;
(2) require the inclusion of anti-corruption clauses for
all foreign assistance contracts, grants, and cooperative
agreements, which allow for the termination of the contract,
grant, or cooperative agreement without penalty if credible
indicators of public corruption are discovered;
(3) require the inclusion of appropriate clawback clauses
for all foreign assistance that has been misappropriated
through corruption;
(4) require the appropriate disclosure to the United States
Government, in confidential form, if necessary, of the
beneficial ownership of contractors, subcontractors,
grantees, cooperative agreement participants, and other
organizations receiving funding from the United States
Government for foreign assistance programs; and
(5) establish a mechanism for investigating allegations of
misappropriated foreign assistance funds or equipment.
(b) Exceptions and Waiver.--
(1) Exceptions.--Subsection (a) shall not apply to
humanitarian assistance, disaster assistance, or assistance
to combat corruption.
(2) Waiver.--The Secretary of State may waive the
requirement to delay foreign assistance under subsection (a)
if the Secretary certifies to the appropriate congressional
committees that such waiver is important to the national
security interests of the United States.
SEC. 8. RESOURCES AND REPORTING REQUIREMENTS.
(a) Annual Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit a report to the appropriate
congressional committees that outlines the resources needed
to meet the objectives of this Act, including--
(A) personnel needs; and
(B) a description of the bureaucratic structure of the
offices within the Department of State and USAID that are
engaged in anti-corruption activities.
(b) Annual Briefing.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall brief the appropriate congressional
committees on the implementation of this Act, including--
(A) the designation of anti-corruption points of contact
for countries under section 5(a);
(B) the training implemented under section 5(c);
(C) the reports received from anti-corruption points of
contact under section 5(d);
(D) the management of the whole-of-government effort to
improve coordination under section 6(a);
(E) the establishment of the task force under section 6(b);
and
(F) the activities of the task force under section 6(c).
(2) Form of briefing.--The briefings under subsection (b)
shall be conducted on an in-person basis to members or staff
of the appropriate congressional committees. Portions of the
briefings may be conducted in a classified setting, as
needed.
(c) Online Platform.--The Secretary of State and the USAID
Administrator shall consolidate existing reports with anti-
corruption components into one online, public platform, which
shall--
(1) include--
(A) the Human Rights Report;
(B) the Fiscal Transparency Report;
(C) the Investment Climate Statement reports;
(D) the International Narcotics Control Strategy Report;
and
(E) any other relevant public reports;
(2) link to third-party indicators and compliance
mechanisms used by the United States Government to inform
policy and programming, such as--
(A) the International Finance Corporation's Doing Business
surveys;
(B) the International Budget Partnership's Open Budget
Index; and
[[Page S7236]]
(C) multilateral peer review anti-corruption compliance
mechanisms, such as the Organisation for Economic Co-
operation and Development's Working Group on Bribery in
International Business Transactions and the United Nations
Convention Against Corruption, done at New York October 31,
2003, to further highlight expert international views on
country challenges and country efforts.
(d) Training.--The Secretary of State and the USAID
Administrator shall incorporate anti-corruption components
into existing Foreign Service and Civil Service training
courses--
(1) to increase the ability of Department of State and
USAID personnel to support anti-corruption as a foreign
policy and development priority; and
(2) to strengthen their ability to design, implement, and
evaluate more effective anti-corruption programming around
the world, including enhancing skills to better evaluate and
mitigate public corruption risks in assistance programs.
Mr. CARDIN. Mr. President, we need to pass the Combating Global
Corruption Act. Today, I join with my colleague Senator Young to
reaffirm bipartisan support for this important legislation.
Corruption threatens international stability and security and poses a
serious threat to democracy and democratic values. Ten days ago,
December 9, was International AntiCorruption Day. This day provides an
annual reminder of the dire need to prioritize combatting corruption
here in the United States and around the world.
Corruption undermines democratic institutions, it compromises the
rule of law, and it erodes human rights protections. It damages
America's global competitiveness and hampers economic growth in global
markets. It fosters the conditions for violent extremism and weakens
institutions associated with governance and accountability. These are
direct threats to our national and international security.
Earlier this year, Transparency International published its
Corruption Perceptions Index for 2018. It underscored that the failure
to curb corruption is contributing to a worldwide crisis of democracy.
Not surprisingly then, Freedom House similarly reported that 2018 was
marked by global declines in political rights and civil liberties for
the 13th consecutive year. Sixty-eight countries suffered net declines
in political rights and civil liberties during 2018, with only 50
nations registering gains.
We have all seen the headlines in recent years--from scandals in
Liberia, Hungary, and Guatemala, to the doping by Russian athletes and
their subsequent ban from the 2016 Summer Olympics and using aid to
influence other nations' behavior.
It is clear that where there are high levels of corruption, we find
fragile states, authoritarian states, or states suffering from internal
or external conflict--in places such as Lebanon, Afghanistan and
Pakistan, Iraq, Syria, Somalia, Nigeria, and Sudan.
Different domestic issues may have sparked the wave of massive
protests we are observing today--whether they be increases in gas
prices or metro fares--but many of these uprisings have been sustained
by public desire to weed out leaders' corruption. Corruption is no
longer being tolerated or excused.
Corruption operates via extensive and entrenched networks in both the
public and private sectors. It is ubiquitous and pervasive, but we must
address it. The costs of not addressing it or rooting it out are just
too great.
Mr. President, we must be clear-eyed--any fight against corruption
will be long-term and difficult. It is a fight against powerful people,
powerful companies, and powerful interests. It is about changing a
mindset and a culture as much as it is about establishing and enforcing
laws.
While previous anti-corruption legislation has been crucial, the
Combatting Global Corruption Act takes our commitment to this value
further by bringing a whole-of-government approach to the issue and
bringing more transparency to the instances of corruption going on
unnoticed in every country around the world.
The Combatting Global Corruption Act requires the State Department to
produce an annual assessment, either by a briefing or by a report,
similar to the Trafficking in Persons Report, which takes a close look
at each country's efforts to combat corruption. The assessment will
measure indicators such as transparency, accountability, enforcement of
anti-corruption laws, and the extent to which public power is used for
private gain.
That model, which has effectively advanced the effort to combat
modern-day slavery, will similarly embed the issue of corruption in our
collective work and make other nations more conscious of their
corruption levels.
The bill includes clear definitions of corruption and corrupt
activities and underscores the importance of prioritizing corruption
into strategic planning--across our agencies, bureaus, and our missions
overseas.
It specifically increases coordination on anti-corruption efforts
between the Department of State and USAID and formally engages our
embassies in the fight against corruption by establishing anti-
corruption points of contact at our Embassies in critical countries.
We work across multiple agencies and in multiple offices to combat
corruption. The roles of these points of contact, comprised of either
the chief of mission or personnel designated for the role by the chief
of mission, will foster greater coordination on anticorruption efforts
within the U.S. government.
It is time for the U.S. Congress to send a strong message to our
Nation and to the world that corruption cannot be accepted as the
status quo.
It is time that we back up our words--our commitment to supporting
democratization, human rights, and fairness globally--with action to
protect those critically important values. Let's pass the Combating
Global Corruption Act.
Mr. McCONNELL. I ask unanimous consent that the committee-reported
substitute amendment be withdrawn; that the Cardin substitute amendment
at the desk be considered and agreed to; that the bill, as amended, be
considered read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported substitute amendment was withdrawn.
The amendment (No. 1275), in the nature of a substitute, was agreed
to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 1309), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
____________________