Foreign Corruption Accountability Act
Bill: H.R.3887 | Sponsor: Rep. Curtis, John R. (R-UT)
Policy area: International Affairs

Summary:
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.

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.
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