[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7853-S7854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4296. Mr. BLUMENTHAL (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title XII, add the following:

     SEC. 1283. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   PERSONS WHO ENGAGE IN PUBLIC CORRUPTION 
                   ACTIVITIES.

       (a) 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 the economic health of their country 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

[[Page S7854]]

     deter malfeasance and ultimately serve the citizens of 
     fragile countries suffocated by corrupt bureaucracies.
       (3) The 2016 report by the Special Inspector General for 
     Afghan Reconstruction entitled, ``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.''.
       (b) 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 that 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) Inadmissibility to united states.--A foreign person who 
     is subject to sanctions under this section 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 visa or other entry documentation of a 
     foreign person who is subject to sanctions under this section 
     shall be revoked regardless of when such 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 possession of the foreign 
     person.

       (3) Exception to comply with law enforcement objectives and 
     agreement regarding headquarters of united nations.--
     Sanctions described 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 subsection 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 subsection 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 subsection.
       (6) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on the Judiciary, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on the Judiciary, the Committee on 
     Financial Services, and the Committee on Foreign Affairs of 
     the House of Representatives.
       (c) 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 whom the 
     President imposed sanctions pursuant to subsection (b)(1) 
     during the year preceding the submission of the report;
       (B) the number of foreign persons with respect to whom the 
     President imposed sanctions under subsection (b)(1) during 
     that year;
       (C) the number of foreign persons with respect to whom the 
     President terminated sanctions under subsection (b)(4) during 
     that year;
       (D) the dates on which such sanctions were imposed or 
     terminated, as the case may be;
       (E) the reasons for imposing or terminating such sanctions;
       (F) the total number of foreign persons with respect to 
     whom such sanctions may have been imposed but were not 
     imposed pursuant to subsection (b)(3); and
       (G) 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 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) 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; and
       (B) 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.
       (d) Sunset.--
       (1) In general.--The authority to impose sanctions under 
     subsection (b) and the requirement to submit reports under 
     subsection (c) shall terminate on the date that is 6 years 
     after the date of the enactment of this Act.
       (2) Continuation in effect of sanctions.--Sanctions imposed 
     under subsection (b) 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 (b)(4).
       (e) 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. 1284. JUSTICE FOR VICTIMS OF KLEPTOCRACY.

       (a) 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 ______