368 
(E) the Committee on Foreign Affairs of 
the House of Representatives; 
(F) the Committee on Financial Services 
of the House of Representatives; 
(G) the Committee on Ways and Means of 
the House of Representatives; and 
(H) the Committee on the Judiciary of the 
House of Representatives. 
(2) FOREIGN ASSISTANCE.—The term ‘‘foreign 
assistance’’ means foreign assistance authorized 
under the Foreign Assistance Act of 1961 (22 
U.S.C. 2251 et seq.). 
(3) FOREIGN STATE.—The term ‘‘foreign state’’ 
has the meaning given such term in section 1603(a) 
of title 28, United States Code. 
(4) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
such term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)). 
(5) PUBLIC
CORRUPTION.—The term ‘‘public 
corruption’’ includes the unlawful exercise of en-
trusted public power for private gain, such as 
through bribery, nepotism, fraud, extortion, or em-
bezzlement. 
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(6) RULE OF LAW.—The term ‘‘rule of law’’ 
means the principle of governance in which all per-
sons, institutions, and entities, whether public or 
private, including the state, are accountable to laws 
that are— 
(A) publicly promulgated; 
(B) equally enforced; 
(C) independently adjudicated; and 
(D) consistent with international human 
rights norms and standards. 
(c) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to leverage United States diplomatic en-
gagement and foreign assistance to promote the rule 
of law; 
(2)(A) to promote international instruments to 
combat corruption, kleptocracy, and illicit finance, 
including instruments referred to in subsection 
(a)(9), and other relevant international standards 
and best practices, as such standards and practices 
develop; and 
(B) to promote the adoption and implementa-
tion of such laws, standards, and practices by for-
eign states; 
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(3) to support foreign states in promoting good 
governance and combating public corruption; 
(4) to encourage and assist foreign partner 
countries to identify and close loopholes in their 
legal and financial architecture, including the misuse 
of anonymous shell companies, free trade zones, and 
other legal structures, that are enabling illicit fi-
nance to penetrate their financial systems; 
(5) to help foreign partner countries to inves-
tigate, prosecute, adjudicate, and more generally 
combat the use of corruption by malign actors, in-
cluding authoritarian governments, particularly the 
Government of the Russian Federation and the Gov-
ernment of the People’s Republic of China, as a tool 
of malign influence worldwide; 
(6) to assist in the recovery of kleptocracy-re-
lated stolen assets for victims, including through the 
use of appropriate bilateral arrangements and inter-
national agreements, such as the United Nations 
Convention against Corruption, done at New York 
October 31, 2003, and the United Nations Conven-
tion against Transnational Organized Crime, done at 
New York November 15, 2000; 
(7) to use sanctions authorities, such as the 
Global Magnitsky Human Rights Accountability Act 
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(subtitle F of title XII of the National Defense Au-
thorization Act for Fiscal Year 2017 (Public Law 
114–328; 22 U.S.C. 2656 note)) and section 
7031(c) of the Department of State, Foreign Oper-
ations, and Related Programs Appropriations Act, 
2020 (division G of Public Law 116–94), to identify 
and take action against corrupt foreign actors; 
(8) to ensure coordination between relevant 
Federal departments and agencies with jurisdiction 
over the advancement of good governance in foreign 
states; and 
(9) to lead the creation of a formal grouping of 
like-minded states— 
(A) to coordinate efforts to counter corrup-
tion, kleptocracy, and illicit finance; and 
(B) to strengthen collective financial de-
fense. 
(d) ANTI-CORRUPTION ACTION FUND.— 
(1) ESTABLISHMENT.—There is established in 
the United States Treasury a fund, to be known as 
the ‘‘Anti-Corruption Action Fund’’, only for the 
purposes of— 
(A) strengthening the capacity of foreign 
states to prevent and fight public corruption; 
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(B) assisting foreign states to develop rule 
of law-based governance structures, including 
accountable civilian police, prosecutorial, and 
judicial institutions; 
(C) supporting foreign states to strengthen 
domestic legal and regulatory frameworks to 
combat public corruption, including the adop-
tion of best practices under international law; 
and 
(D) supplementing existing foreign assist-
ance and diplomacy with respect to efforts de-
scribed in subparagraphs (A), (B), and (C). 
(2) FUNDING.— 
(A) TRANSFERS.—Beginning on or after 
the date of the enactment of this Act, if total 
criminal fines and penalties in excess of 
$50,000,000 are imposed against a person 
under the Foreign Corrupt Practices Act of 
1977 (Public Law 95–213) or section 13, 30A, 
or 32 of the Securities Exchange Act of 1934 
(15 U.S.C. 78m, 78dd–1, and 78ff), whether 
pursuant to a criminal prosecution, enforcement 
proceeding, deferred prosecution agreement, 
nonprosecution agreement, a declination to 
prosecute or enforce, or any other resolution, 
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the court (in the case of a conviction) or the At-
torney General shall impose an additional pre-
vention payment equal to $5,000,000 against 
such person, which shall be deposited in the 
Anti-Corruption Action Fund established under 
paragraph (1). 
(B) AVAILABILITY
OF
FUNDS.—Amounts 
deposited into the Anti-Corruption Action Fund 
pursuant to subparagraph (A) shall be available 
to the Secretary of State only for the purposes 
described in paragraph (1), without fiscal year 
limitation or need for subsequent appropriation. 
(C) LIMITATION.—None of the amounts 
made available to the Secretary of State from 
the Anti-Corruption Action Fund may be used 
inside the United States, except for administra-
tive costs related to overseas program imple-
mentation pursuant to paragraph (1). 
(3) SUPPORT.—The Anti-Corruption Action 
Fund— 
(A) may support governmental and non-
governmental parties in advancing the purposes 
described in paragraph (1); and 
(B) shall be allocated in a manner com-
plementary to existing United States foreign as-
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sistance, diplomacy, and anti-corruption activi-
ties. 
(4) ALLOCATION
AND
PRIORITIZATION.—In 
programming foreign assistance made available 
through the Anti-Corruption Action Fund, the Sec-
retary of State, in coordination with the Attorney 
General, shall prioritize projects that— 
(A) assist countries that are undergoing 
historic opportunities for democratic transition, 
combating corruption, and the establishment of 
the rule of law; and 
(B) are important to United States na-
tional interests. 
(5) TECHNICAL ASSISTANCE PROVIDERS.—For 
any technical assistance to a foreign governmental 
party under this section, the Secretary of State, in 
coordination with the Attorney General, shall 
prioritize United States Government technical assist-
ance providers as implementers, in particular the Of-
fice of Overseas Prosecutorial Development, Assist-
ance and Training and the International Criminal 
Investigative Training Assistance Program at the 
Department of Justice. 
(6) PUBLIC
DIPLOMACY.—The Secretary of 
State shall announce that funds deposited in the 
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Anti-Corruption Action Fund are derived from ac-
tions brought under the Foreign Corrupt Practices 
Act to demonstrate that the use of such funds are— 
(A) contributing to international anti-cor-
ruption work; and 
(B) reducing the pressure that United 
States businesses face to pay bribes overseas, 
thereby contributing to greater competitiveness 
of United States companies. 
(7) REPORTING.—Not later than 1 year after 
the date of the enactment of this Act and not less 
frequently than annually thereafter, the Secretary of 
State shall submit a report to the appropriate con-
gressional committees that contains— 
(A) the balance of the funding remaining 
in the Anti-Corruption Action Fund; 
(B) the amount of funds that have been 
deposited into the Anti-Corruption Action 
Fund; and 
(C) a summary of the obligation and ex-
penditure of such funds. 
(8) NOTIFICATION
REQUIREMENTS.—None of 
the amounts made available to the Secretary of 
State from the Anti-Corruption Action Fund pursu-
ant to this section shall be available for obligation, 
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376 
or for transfer to other departments, agencies, or en-
tities, unless the Secretary of State notifies the 
Committee on Foreign Relations of the Senate, the 
Committee on Appropriations of the Senate, the 
Committee on Foreign Affairs of the House of Rep-
resentatives, and the Committee on Appropriations 
of the House of Representatives, not later than 15 
days in advance of such obligation or transfer. 
(e) 
INTERAGENCY
ANTI-CORRUPTION
TASK 
FORCE.— 
(1) IN GENERAL.—The Secretary of State, in 
cooperation with the Interagency Anti-Corruption 
Task Force established pursuant to paragraph (2), 
shall manage a whole-of-government effort to im-
prove coordination among Federal departments and 
agencies and donor organizations with a role in— 
(A) promoting good governance in foreign 
states; and 
(B) enhancing the ability of foreign states 
to combat public corruption. 
(2) 
INTERAGENCY
ANTI-CORRUPTION
TASK 
FORCE.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State 
shall establish and convene the Interagency Anti- 
Corruption Task Force (referred to in this section as 
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the ‘‘Task Force’’), which shall be composed of rep-
resentatives appointed by the President from appro-
priate departments and agencies, including the De-
partment of State, the United States Agency for 
International Development, the Department of Jus-
tice, the Department of the Treasury, the Depart-
ment of Homeland Security, the Department of De-
fense, the Department of Commerce, the Millennium 
Challenge Corporation, and the intelligence commu-
nity. 
(3) ADDITIONAL MEETINGS.—The Task Force 
shall meet not less frequently than twice per year. 
(4) DUTIES.—The Task Force shall— 
(A) evaluate, on a general basis, the effec-
tiveness of existing foreign assistance programs, 
including programs funded by the Anti-Corrup-
tion Action Fund, that have an impact on— 
(i) promoting good governance in for-
eign states; and 
(ii) enhancing the ability of foreign 
states to combat public corruption; 
(B) assist the Secretary of State in man-
aging the whole-of-government effort described 
in paragraph (1); 
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(C) identify general areas in which such 
whole-of-government effort could be enhanced; 
and 
(D) recommend specific programs for for-
eign states that may be used to enhance such 
whole-of-government effort. 
(5) BRIEFING REQUIREMENT.—Not later than 
1 year after the date of the enactment of this Act 
and not less frequently than annually thereafter 
through the end of fiscal year 2026, the Secretary 
of State shall provide a briefing to the appropriate 
congressional committees regarding the ongoing 
work of the Task Force. Each briefing shall include 
the participation of a representative of each of the 
departments and agencies described in paragraph 
(2), to the extent feasible. 
(f) DESIGNATION OF EMBASSY ANTI-CORRUPTION 
POINTS OF CONTACT.— 
(1) EMBASSY ANTI-CORRUPTION POINT OF CON-
TACT.—The chief of mission of each United States 
embassy shall designate an anti-corruption point of 
contact for each such embassy. 
(2) DUTIES.—The designated anti-corruption 
points of contact designated pursuant to paragraph 
(1) shall— 
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(A) coordinate, in accordance with guid-
ance from the Interagency Anti-Corruption 
Task Force established pursuant to subsection 
(e)(2), an interagency approach within United 
States embassies to combat public corruption in 
the foreign states in which such embassies are 
located that is tailored to the needs of such for-
eign states, including all relevant Federal de-
partments and agencies with a presence in such 
foreign states, such as the Department of State, 
the United States Agency for International De-
velopment, the Department of Justice, the De-
partment of the Treasury, the Department of 
Homeland Security, the Department of De-
fense, the Millennium Challenge Corporation, 
and the intelligence community; 
(B) make recommendations regarding the 
use of the Anti-Corruption Action Fund and 
other foreign assistance funding related to anti- 
corruption efforts in their respective countries 
of responsibility that aligns with United States 
diplomatic engagement; and 
(C) ensure that anti-corruption activities 
carried out within their respective countries of 
responsibility are included in regular reporting 
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to the Secretary of State and the Interagency 
Anti-Corruption Task Force, including United 
States embassy strategic planning documents 
and foreign assistance-related reporting, as ap-
propriate. 
(3) TRAINING.—The Secretary of State shall 
develop and implement appropriate training for the 
designated anti-corruption points of contact. 
(g) REPORTING REQUIREMENTS.— 
(1) REPORT OR BRIEFING ON PROGRESS TO-
WARD IMPLEMENTATION.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter for the following 3 years, the Sec-
retary of State, in consultation with the Adminis-
trator of the United States Agency for International 
Development, the Attorney General, and the Sec-
retary of the Treasury, shall submit a report or pro-
vide a briefing to the appropriate congressional com-
mittees that summarizes progress made in com-
bating public corruption and in implementing this 
Act, including— 
(A) identifying opportunities and priorities 
for outreach with respect to promoting the 
adoption and implementation of relevant inter-
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381 
national law and standards in combating public 
corruption, kleptocracy, and illicit finance; 
(B) describing— 
(i) the bureaucratic structure of the 
offices within the Department of State and 
the United States Agency for International 
Development that are engaged in activities 
to combat public corruption, kleptocracy, 
and illicit finance; and 
(ii) how such offices coordinate their 
efforts with each other and with other rel-
evant Federal departments and agencies; 
(C) providing a description of how the pro-
visions under paragraphs (4) and (5) of sub-
section (d) have been applied to each project 
funded by the Anti-Corruption Action Fund; 
(D) providing an explanation as to why a 
United States Government technical assistance 
provider was not used if technical assistance to 
a foreign governmental entity is not imple-
mented by a United States Government tech-
nical assistance provider; 
(E) describing the activities of the Inter-
agency Anti-Corruption Task Force established 
pursuant to subsection (e)(2); 
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(F) identifying— 
(i) 
the 
designated 
anti-corruption 
points of contact for foreign states; and 
(ii) any training provided to such 
points of contact; and 
(G) recommending additional measures 
that would enhance the ability of the United 
States Government to combat public corruption, 
kleptocracy, and illicit finance overseas. 
(2) ONLINE
PLATFORM.—The Secretary of 
State, in conjunction with the Administrator of the 
United States Agency for International Develop-
ment, should consolidate existing reports with anti- 
corruption components into a single online, public 
platform that includes— 
(A) the Annual Country Reports on 
Human Rights Practices required under section 
116 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n); 
(B) the Fiscal Transparency Report re-
quired under section 7031(b) of the Depart-
ment of State, Foreign Operations and Related 
Programs Appropriations Act, 2019 (division F 
of Public Law 116–6); 
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(C) the Investment Climate Statement re-
ports; 
(D) the International Narcotics Control 
Strategy Report; 
(E) any other relevant public reports; and 
(F) links to third-party indicators and 
compliance mechanisms used by the United 
States Government to inform policy and pro-
gramming, as appropriate, such as— 
(i) the International Finance Corpora-
tion’s Doing Business surveys; 
(ii) the International Budget Partner-
ship’s Open Budget Index; and 
(iii) multilateral peer review anti-cor-
ruption compliance mechanisms, such as— 
(I) the Organisation for Eco-
nomic 
Co-operation 
and 
Develop-
ment’s Working Group on Bribery in 
International Business Transactions; 
(II) the Follow-Up Mechanism 
for the Inter-American Convention 
Against Corruption; and 
(III) the United Nations Conven-
tion Against Corruption, done at New 
York October 31, 2003. 
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TITLE V—ENSURING STRATEGIC 
SECURITY 
SEC. 501. COOPERATION ON A STRATEGIC NUCLEAR DIA-
LOGUE. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to pursue, in coordination with United 
States allies, arms control negotiations and sus-
tained and regular engagement with the PRC— 
(A) to enhance understanding of each oth-
er’s respective nuclear policies, doctrine, and ca-
pabilities; 
(B) to improve transparency; and 
(C) to help manage the risks of miscalcula-
tion and misperception; 
(2) to formulate a strategy to engage the Gov-
ernment of the People’s Republic of China on rel-
evant issues that lays the groundwork for a con-
structive arms control framework, including— 
(A) fostering dialogue on arms control 
leading to the convening of strategic security 
talks; 
(B) negotiating norms for outer space; 
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(C) developing pre-launch notification re-
gimes aimed at reducing nuclear miscalculation; 
and 
(D) expanding lines of communication be-
tween both governments for the purposes of re-
ducing the risks of conventional war and in-
creasing transparency; 
(3) to pursue relevant negotiations in coordina-
tion with our allies and partners to ensure the secu-
rity of United States and allied interests to slow the 
PRC’s military modernization and expansion, includ-
ing on— 
(A) ground-launched cruise and ballistic 
missiles; 
(B) integrated air and missile defense; 
(C) hypersonic missiles; 
(D) intelligence, surveillance, and recon-
naissance; 
(E) space-based capabilities; 
(F) cyber capabilities; and 
(G) command, control, and communica-
tions; and 
(4) to ensure that the United States policy con-
tinues to reassure allies. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) it is in the interest of both nations to co-
operate in reducing risks of conventional and nuclear 
escalation; 
(2) a physical, cyber, electronic, or any other 
PLA attack on United States early warning sat-
ellites, other portions of the nuclear command and 
control enterprise, or critical infrastructure poses a 
high risk to inadvertent but rapid escalation; 
(3) the United States and its allies should pro-
mote international norms on military operations in 
space, the employment of cyber capabilities, and the 
military use of artificial intelligence, as an element 
of risk reduction regarding nuclear command and 
control; and 
(4) United States allies and partners should 
share the burden of promoting and protecting norms 
regarding the weaponization of space, highlighting 
unsafe behavior that violates international norms, 
such as in rendezvous and proximity operations, and 
promoting responsible behavior in space and all 
other domains. 
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SEC. 502. REPORT ON UNITED STATES EFFORTS TO EN-
GAGE THE PEOPLE’S REPUBLIC OF CHINA ON 
NUCLEAR ISSUES AND BALLISTIC MISSILE 
ISSUES. 
(a) REPORT ON THE FUTURE OF UNITED STATES- 
CHINA ARMS CONTROL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
State, in coordination with the Secretary of Defense and 
the Secretary of Energy, shall submit to the appropriate 
committees of Congress a report, and if necessary a sepa-
rate classified annex, that outlines the approaches and 
strategies they will pursue to engage the Government of 
the People’s Republic of China on arms control and risk 
reduction, including— 
(1) areas of potential dialogue between the Gov-
ernments of the United States and the People’s Re-
public of China, including on ballistic, hypersonic 
glide, and cruise missiles, conventional forces, nu-
clear, space, and cyberspace issues, as well as other 
new strategic domains, which could reduce the likeli-
hood of war, limit escalation if a conflict were to 
occur, and constrain a destabilizing arms race in the 
Indo-Pacific; 
(2) how the United States Government can en-
gage the Government of the People’s Republic of 
China in a constructive arms control dialogue; 
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(3) identifying strategic military capabilities of 
the People’s Republic of China that the United 
States Government is most concerned about and how 
limiting these capabilities may benefit United States 
and allied security interests; 
(4) mechanisms to avoid, manage, or control 
nuclear, conventional, and unconventional military 
escalation between the United States and the Peo-
ple’s Republic of China; 
(5) the personnel and expertise required to ef-
fectively engage the People’s Republic of China in 
strategic stability and arms control dialogues; and 
(6) opportunities and methods to encourage 
transparency from the People’s Republic of China. 
(b) REPORT ON ARMS CONTROL TALKS WITH THE 
PEOPLE’S REPUBLIC
OF CHINA.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of State, in consultation with the Secretary of De-
fense and the Secretary of Energy, shall submit to the 
appropriate committees of Congress a report that de-
scribes— 
(1) a concrete plan for arms control talks with 
the People’s Republic of China; 
(2) if a bilateral arms control dialogue does not 
arise, what alternative plans the Department of 
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State envisages for ensuring the security of the 
United States and its allies through international 
arms control negotiations; 
(3) effects on the credibility of United States 
extended deterrence assurances to allies and part-
ners if arms control negotiations do not materialize 
and the implications for regional security architec-
tures; 
(4) efforts at engaging the People’s Republic of 
China to join arms control talks, whether on a bilat-
eral or international basis; and 
(5) the interest level of the Government of 
China in joining arms control talks, whether on a bi-
lateral or international basis, including through— 
(A) a formal invitation to appropriate offi-
cials from the People’s Republic of China, and 
to each of the permanent members of the 
United Nations Security Council, to observe a 
United States-Russian Federation New START 
Treaty on-site inspection to demonstrate the se-
curity benefits of transparency into strategic 
nuclear forces; 
(B) discussions on how to advance inter-
national negotiations on the fissile material cut- 
off; 
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(C) an agreement with the People’s Repub-
lic of China that allows for advance notifica-
tions of ballistic missile launches, through the 
Hague Code of Conduct or other data ex-
changes or doctrine discussions related to stra-
tegic nuclear forces; 
(D) an agreement not to target or interfere 
in nuclear command, control, and communica-
tions (commonly referred to as ‘‘NC3’’) infra-
structure; or 
(E) any other cooperative measure that 
benefits United States-People’s Republic of 
China strategic stability. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the Committee on Foreign Relations, the 
Committee on Armed Services, and the Committee 
on Energy and Natural Resources of the Senate; 
and 
(2) the Committee on Foreign Affairs, the 
Committee on Armed Services, and the Committee 
on Energy and Commerce of the House of Rep-
resentatives. 
VerDate Sep 11 2014 
22:42 Jun 24, 2021
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