Foreign Corruption Accountability Act
This bill temporarily authorizes the President to impose visa-blocking sanctions against any foreign person that engages in public corruption activities (e.g., soliciting or accepting bribes or engaging in extortion) against the United States.
The President may terminate the sanctions by making a determination that the person (1) is no longer engaged in (or has taken significant verifiable steps to cease) the sanctionable conduct, or (2) will not knowingly engage in sanctionable conduct in the future. In addition, the President may also terminate the sanctions if it is in U.S. national security interests. The President must notify Congress at least 15 days before terminating the sanctions.
The President must annually report to Congress on the imposition and termination of sanctions on foreign persons for engaging in public corruption.
The authority to impose the sanctions terminates six years after this bill's enactment.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3887 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3887
To authorize the President to impose sanctions with respect to any
foreign person the President determines engages in public or private
corruption activities that adversely affect a United States person, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2021
Mr. Curtis (for himself, Mr. Malinowski, Mr. Fitzpatrick, Mr. Phillips,
Mr. Cohen, Ms. Jackson Lee, Ms. Porter, Ms. Salazar, Ms. Spanberger,
and Ms. Kaptur) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the President to impose sanctions with respect to any
foreign person the President determines engages in public or private
corruption activities that adversely affect a United States person, 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 ``Foreign Corruption Accountability
Act''.
SEC. 2. 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.''.
SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to any foreign person who is an
individual the President determines--
(1) engages in public corruption activities against a
United States person, including--
(A) soliciting or accepting bribes;
(B) using the authority of the state to extort
payments; or
(C) engaging in extortion; or
(2) 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
paragraph (1).
(b) Sanctions Described.--
(1) Ineligibility for visas and admissions to the united
states.--The foreign person shall be--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) 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.).
(2) Current visas revoked.--
(A) 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.
(B) Effect of revocation.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid
visa or entry documentation that is in the
foreign person's possession.
(C) 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.
(c) Exception To Comply With Law Enforcement Objectives and
Agreement Regarding the Headquarters of the United Nations.--Sanctions
under subsection (b) shall not apply to a foreign person if admitting
the person into the United States--
(1) would further important law enforcement objectives; or
(2) is necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations of the
United States.
(d) 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--
(1) 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;
(2) 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
(3) the termination of the sanctions is in the national
security interests of the United States.
(e) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on the Judiciary, the Committee on
Financial Services, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on the Judiciary, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate.
SEC. 4. REPORTS TO CONGRESS.
(a) In General.--The President shall submit to the appropriate
congressional committees, in accordance with subsection (b), a report
that includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions pursuant to section 3 during the
year preceding the submission of the report;
(2) the number of foreign persons with respect to which the
President--
(A) imposed sanctions under section 3(a) during
that year; and
(B) terminated sanctions under section 3(f) during
that year;
(3) the dates on which such sanctions were imposed or
terminated, as the case may be;
(4) the reasons for imposing or terminating such sanctions;
(5) the total number of foreign persons considered under
section 3(c) for whom sanctions were not imposed; and
(6) recommendations as to whether the imposition of
additional sanctions would be an added deterrent in preventing
public corruption.
(b) Dates for Submission.--
(1) Initial report.--The President shall submit the initial
report under subsection (a) not later than 120 days after the
date of the enactment of this Act.
(2) Subsequent reports.--The President shall submit a
subsequent report under subsection (a) on December 10, or the
first day thereafter on which both Houses of Congress are in
session, of--
(A) the calendar year in which the initial report
is submitted if the initial report is submitted before
December 10 of that calendar year; and
(B) each calendar year thereafter.
(c) Form of Report.--
(1) In general.--Each report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Exception.--The name of a foreign person to be included
in the list required by subsection (a)(1) may be submitted in
the classified annex authorized by paragraph (1) only if the
President--
(A) determines that it is vital for the national
security interests of the United States to do so; and
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this Act.
(d) Public Availability.--
(1) In general.--The unclassified portion of the report
required by subsection (a) shall be made available to the
public, including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the list
required by subsection (a)(1) without regard to the
requirements of section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or
refusal of visas or permits to enter the United States.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on
Foreign Affairs, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives; and
(2) 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.
SEC. 5. SUNSET.
(a) In General.--The authority to impose sanctions under section 3
and the requirements to submit reports under section 4 shall terminate
on the date that is 6 years after the date of enactment of this Act.
(b) Continuation in Effect of Sanctions.--Sanctions imposed under
section 3 on or before the date specified in subsection (a), and in
effect as of such date, shall remain in effect until terminated in
accordance with the requirements of section 3(d).
SEC. 6. DEFINITIONS.
In this Act:
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line