S.Amdt. 4296

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 ______