I 
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 de-
termined 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Counter-Kleptocracy 
Act’’. 
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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 re-
sponsible for, or complicit in, an act of corrup-
tion; and 
(B) any company, in which a person or en-
tity described in subparagraph (A) has a sig-
nificant 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, nepo-
tism, fraud, or embezzlement. 
(3) SIGNIFICANT CORRUPTION.—The term ‘‘sig-
nificant 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 determina-
tions, or other fundamental functions of govern-
ance. 
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(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
COUNTRIES.—A country shall be 
ranked as a tier 1 country in the ranking published 
under paragraph (1) if the government of such coun-
try is complying with the minimum standards set 
forth in subsection (d). 
(3) TIER
COUNTRIES.—A country shall be 
ranked as a tier 2 country in the ranking published 
under paragraph (1) if the government of such coun-
try 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
COUNTRIES.—A country shall be 
ranked as a tier 3 country in the ranking published 
under paragraph (1) if the government of such coun-
try is making de minimis or no efforts to comply 
with the minimum standards set forth in subsection 
(d). 
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(d) MINIMUM STANDARDS FOR THE ELIMINATION OF 
CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT 
CORRUPTION.— 
(1) IN GENERAL.—The government of a coun-
try 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 sig-
nificant corruption; 
(B) enforces the laws described in para-
graph (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 pun-
ishment prescribed for serious crimes; and 
(D) is making serious and sustained ef-
forts to address corruption, including through 
prevention. 
(2) FACTORS FOR ASSESSING GOVERNMENT EF-
FORTS
TO
COMBAT
CORRUPTION.—In determining 
whether a government is making serious and sus-
tained efforts to address corruption, the Secretary of 
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State shall consider, to the extent relevant or appro-
priate, 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 appro-
priate, 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 sig-
nificant 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 offi-
cials from participating in, facilitating, or 
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condoning corruption, including the investiga-
tion, prosecution, and conviction of such offi-
cials; 
(E) the extent to which the country pro-
vides access, or, as appropriate, makes adequate 
resources available, to civil society organizations 
and other institutions to combat corruption, in-
cluding reporting, investigating, and moni-
toring; 
(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 corrup-
tion, 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, 
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ensures their access to justice, and takes steps 
to prevent victims from being further victimized 
or persecuted by corrupt actors, government of-
ficials, or others; 
(I) whether the government of the country 
protects victims of corruption or whistleblowers 
from reprisal due to such persons having as-
sisted 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 appro-
priate, return the proceeds of corruption; 
(K) whether the government of the country 
is taking steps to implement financial trans-
parency measures in line with the Financial Ac-
tion Task Force recommendations, including 
due diligence and beneficial ownership trans-
parency 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 ini-
tiatives; and 
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(M) such other information relating to cor-
ruption as the Secretary of State considers ap-
propriate. 
(3) ASSESSING GOVERNMENT EFFORTS TO COM-
BAT
CORRUPTION
IN
RELATION
TO
RELEVANT 
INTERNATIONAL
COMMITMENTS.—In 
determining 
whether a government is making serious and sus-
tained 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 re-
ferred to as the ‘‘Anti-Bribery Convention’’). 
(C) 
The 
United 
Nations 
Convention 
against Transnational Organized Crime, done 
at New York November 15, 2000. 
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(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 (sub-
title 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 construc-
tion 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 
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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 sanc-
tions; and 
(D) a list of all foreign persons found to 
have been engaged in significant corruption in 
relation to the planning, construction, or oper-
ation 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 Sec-
retary of State, in coordination with the Secretary of 
the Treasury, may (except with respect to the list re-
quired by paragraph (2)(D)) provide a briefing to 
the committees specified in paragraph (6) instead of 
submitting a written report required under para-
graph (2), if doing so would better serve existing 
United States anti-corruption efforts or the national 
interests of the United States. 
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(5) TERMINATION OF REQUIREMENTS RELAT-
ING 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 Com-
mittee on Banking, Housing, and Urban Af-
fairs, 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 con-
tact at the United States diplomatic post to each 
country identified as tier 2 or tier 3 under sub-
section (c), or which the Secretary otherwise deter-
mines is in need of such a point of contact. The 
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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-govern-
ment approach among the relevant Federal depart-
ments 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 corrup-
tion 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 
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bribery, they impoverish their countries’ economic 
health and harm citizens. 
(2) By empowering the United States Govern-
ment to hold to account foreign public officials and 
their associates who engage in extortion or bribery, 
the United States can deter malfeasance and ulti-
mately serve the citizens of fragile countries suffo-
cated by corrupt bureaucracies. 
(3) The Special Inspector General for Afghan 
Reconstruction’s 2016 report ‘‘Corruption in Con-
flict: Lessons from the U.S. Experience in Afghani-
stan’’ 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
SANC-
TIONS.— 
(1) IN GENERAL.—The President may impose 
the sanctions described in paragraph (2) with re-
spect 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; 
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(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 sig-
nificant financial, material, or technological 
support for any of the activities described in 
subparagraph (A). 
(2) SANCTIONS DESCRIBED.— 
(A) INELIGIBILITY FOR VISAS AND ADMIS-
SIONS 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 re-
ceive any other benefit under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(B) CURRENT VISAS REVOKED.— 
(i) IN
GENERAL.—The issuing con-
sular officer or the Secretary of State, (or 
a designee of the Secretary of State) shall, 
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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 rev-
ocation under clause (i) shall— 
(I) take effect immediately; and 
(II) automatically cancel any 
other valid visa or entry documenta-
tion 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
EN-
FORCEMENT OBJECTIVES AND AGREEMENT REGARD-
ING
THE
HEADQUARTERS
OF
THE
UNITED
NA-
TIONS.—Sanctions under paragraph (2) shall not 
apply to a foreign person if admitting the person 
into the United States— 
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(A) would further important law enforce-
ment 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 Presi-
dent may terminate the application of sanctions 
under this section with respect to a foreign person 
if the President determines and reports to the ap-
propriate 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 as-
surances that the person will not knowingly en-
gage in activity subject to sanctions under this 
part in the future; or 
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(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
COMMIT-
TEES DEFINED.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(A) the Committee on the Judiciary, the 
Committee on Financial Services, and the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives; and 
(B) the Committee on the Judiciary, the 
Committee on Banking, Housing, and Urban 
Affairs, and the Committee on Foreign Rela-
tions of the Senate. 
(d) REPORTS TO CONGRESS.— 
(1) IN GENERAL.—The President shall submit 
to the appropriate congressional committees, in ac-
cordance with paragraph (2), a report that in-
cludes— 
(A) a list of each foreign person with re-
spect to which the President imposed sanctions 
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pursuant to subsection (c) during the year pre-
ceding the submission of the report; 
(B) the number of foreign persons with re-
spect to which the President— 
(i) imposed sanctions under sub-
section (c)(1) during that year; and 
(ii) terminated sanctions under sub-
section (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 termi-
nating 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 Presi-
dent shall submit a subsequent report under 
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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 ini-
tial 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 unclassi-
fied 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 clas-
sified 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 con-
sistent with congressional intent and the 
purposes of this section. 
(4) PUBLIC AVAILABILITY.— 
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(A) IN
GENERAL.—The unclassified por-
tion of the report required by paragraph (1) 
shall be made available to the public, including 
through publication in the Federal Register. 
(B) NONAPPLICABILITY
OF
CONFIDEN-
TIALITY 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 Immi-
gration and Nationality Act (8 U.S.C. 1202(f)) 
with respect to confidentiality of records per-
taining to the issuance or refusal of visas or 
permits to enter the United States. 
(5) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this section, the term ‘‘appro-
priate 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 Com-
mittee on Banking, Housing, and Urban Af-
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fairs, 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 termi-
nate on the date that is 6 years after the date of en-
actment of this Act. 
(2) CONTINUATION
IN
EFFECT
OF
SANC-
TIONS.—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 part-
nership, association, trust, joint venture, corpora-
tion, group, subgroup, or other organization. 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ 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, enti-
ty organized under the laws of the United States or 
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any jurisdiction within the United States (including 
foreign branches), or any person in the United 
States. 
(4) PERSON.—The term ‘‘person’’ means an in-
dividual 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 in-
strumentality thereof; 
‘‘(B) any official or employee of a public 
international organization; 
‘‘(C) any person acting in an official ca-
pacity for or on behalf of any such government 
or department, agency, or instrumentality, or 
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for or on behalf of any such public international 
organization; or 
‘‘(D) any person acting in an unofficial ca-
pacity for or on behalf of and with authoriza-
tion 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 organiza-
tion’ 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 Execu-
tive order for the purposes of this section, effec-
tive 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 re-
ceive or accept, directly or indirectly, anything of value 
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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 equiva-
lent 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 im-
posed against a person under paragraph (2) of this 
section, whether pursuant to a criminal prosecution, 
enforcement proceeding, deferred prosecution agree-
ment, non-prosecution agreement, a declination to 
prosecute or enforce, a civil penalty, or any other 
resolution, shall be deposited in the Victims of 
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Kleptocracy Fund established under subsection (l) of 
this section. 
‘‘(4) JURISDICTION.—An offense under para-
graph (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 Pre-
vention Act, and annually thereafter, the Attorney 
General shall submit to the Committee on the Judi-
ciary of the House of Representatives and the Com-
mittee 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 for-
eign officials for bribes from United States 
domiciled or incorporated entities, and the ef-
forts of foreign governments to prosecute such 
cases; 
‘‘(C) addressing United States diplomatic 
efforts to protect United States domiciled or in-
corporated entities from foreign bribery, and 
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the effectiveness of those efforts in protecting 
such entities; 
‘‘(D) summarizing major actions taken 
under this section in the previous year, includ-
ing, 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 en-
sure adequate enforcement of this section; and 
‘‘(G) studying the efficacy of mutual legal 
assistance treaties and how they can be im-
proved or built upon in multilateral fora, in-
cluding 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 Ex-
tortion 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 
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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 non-
compliance 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 as-
sistance that have been pending or not com-
pletely fulfilled within one year or longer of re-
ceipt; and 
‘‘(G) the number of outreach efforts by the 
Department of Justice to explain how foreign 
countries can receive mutual legal assistance. 
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‘‘(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 Gen-
eral, without fiscal year limitation or need for subse-
quent appropriation, only for the purposes of— 
‘‘(A) the International Criminal Investiga-
tive Training Assistance Program; 
‘‘(B) the Kleptocracy Asset Recovery Ini-
tiative; 
‘‘(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 assist-
ance. 
‘‘(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 pur-
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suant to a theory of direct liability, conspiracy, com-
plicity, 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 ‘‘for-
eign 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 deci-
sion 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 pro-
vides a visa or citizenship in exchange for an invest-
ment 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 
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section 203(b)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(5)) because of involve-
ment 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 in-
vestor visa denials database. Initially, this data-
base 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 crimi-
nals; 
(ii) to ensure that the proceeds of cor-
ruption are not used to purchase an inves-
tor 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 in-
vestor visa denials. Foreign states that provide 
records related to foreign investor visa denials 
for inclusion in the database shall gain access 
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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, Fin-
land, France, Germany, Greece, Hungary, 
Ireland, Italy, Latvia, Lithuania, Luxem-
bourg, Malta, Netherlands, Poland, Por-
tugal, 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 inclu-
sion 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 for-
eign investor visa denials; and 
(ii) the foreign investor visa program 
is at risk of abuse by foreign corrupt offi-
cials. 
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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: 
‘‘§ 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 sub-
section (a) shall be published on the website of the Depart-
ment of Justice in a format that includes the following: 
‘‘(1) A heading as follows: ‘Assets stolen from 
the people of llllll 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 tar-
get of corruption at the time when such recovered 
funds are deposited into the Department of Justice 
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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 for-
eign 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 sec-
tions 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 Con-
gress 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, ad-
ministration 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 Account-
ability and Legitimacy Act’’ or the ‘‘REVEAL Act’’. 
(b) LIMITING CONFIDENTIALITY OF RECORDS.— 
(1) IN GENERAL.—Section 222(f) of the Immi-
gration and Nationality Act (8 U.S.C. 1202(f)) is 
amended— 
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(A) in paragraph (1), by striking the pe-
riod 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 de-
termined 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 para-
graph (1), the Secretary of State shall consider— 
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(A) information provided by the chair-
person and ranking member of each of the ap-
propriate 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 appro-
priate congressional committees a report that in-
cludes, for the previous year— 
(A) a list of each individual that the Sec-
retary 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. 
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(2) FORM OF REPORT.— 
(A) IN
GENERAL.—Each report required 
by paragraph (1) shall be submitted in unclassi-
fied 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 con-
sistent with congressional intent and the 
purposes of this section; and 
(iii) not later than 15 days before sub-
mitting 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 por-
tion of the report required by paragraph (1) 
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