,,ic #aafth ,,congress #ast ,session ,s4 #acji ,,in ,,the ,,house ,,of ,,representatives ,december #bc1 #bjai,referred to the ,committee on ,foreign ,affairs ,,an ,,act ,to identify and combat corruption in countries1 to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption1 and to assess ,united ,states assistance to designated countries in order to advance anti-corruption efforts in those countries and better serve ,united ,states taxpayers4 #a4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 it is in the foreign policy interest of the ,united ,states to help foreign countries promote good governance and combat public corruption2 7#b7 multiple ,federal departments and agencies operate programs that promote good governance in foreign countries and enhance such countries' ability to combat public corruption2 and 7#c7 the ,department of ,state should-- 7,a7 promote coordination among the ,federal departments and agencies implementing programs to promote good governance and combat public corruption in foreign countries in order to improve effectiveness and efficiency2 and 7,b7 identify areas in which ,united ,states efforts to help other countries promote good governance and combat public corruption could be enhanced4 #b4 ,annual assessment 7a7 ,in general ,for each of the fiscal years #bjbj through #bjbf1 the ,secretary of ,state shall assess the capacity and commitment of foreign governments to which the ,united ,states provides foreign assistance under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 or the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 to combat public corruption4 ,each such assessment shall-- 7#a7 utilize independent1 third party indicators that measure transparency1 accountability1 and corruption in the public sector in such countries1 including the extent to which public power is exercised for private gain1 to identify those countries that are most vulnerable to public corruption2 7#b7 consider1 to the extent reliable information is available1 whether the government of a country identified under paragraph 7#a7-- 7,a7 has adopted measures to prevent public corruption1 such as measures to inform and educate the public1 including potential victims1 about the causes and consequences of public corruption2 7,b7 has enacted laws and established government structures1 policies1 and practices that prohibit public corruption2 7,c7 enforces such laws through a fair judicial process2 7,d7 vigorously investigates1 prosecutes1 convicts1 and sentences public officials who participate in or facilitate public corruption1 including nationals of such country who are deployed in foreign military assignments1 trade delegations abroad1 or other similar missions who engage in or facilitate public corruption2 7,e7 prescribes appropriate punishment for serious1 significant corruption that is commensurate with the punishment prescribed for serious crimes2 7,f7 prescribes appropriate punishment for significant corruption that provides a sufficiently stringent deterrent and adequately reflects the nature of the offense2 7,g7 convicts and sentences persons responsible for such acts that take place wholly or partly within the country of such government1 including1 as appropriate1 requiring the incarceration of individuals convicted of such acts2 7,h7 holds private sector representatives accountable for their role in public corruption2 and 7,i7 addresses threats for civil society to monitor anti-corruption efforts2 and 7#c7 further consider-- 7,a7 verifiable measures taken by the government of a country identified under paragraph 7#a7 to prohibit government officials from participating in1 facilitating1 or condoning public corruption1 including the investigation1 prosecution1 and conviction of such officials2 7,b7 the extent to which such government provides access1 or1 as appropriate1 makes adequate resources available1 to civil society organizations and other institutions to combat public corruption1 including reporting1 investigating1 and monitoring2 7,c7 the extent to which an independent judiciary or judicial body in such country is responsible for1 and effectively capable of1 deciding public corruption cases impartially1 on the basis of facts and in accordance with law1 without any improper restrictions1 influences1 inducements1 pressures1 threats1 or interferences1 whether direct or indirect1 from any source or for any reason2 7,d7 the extent to which such government cooperates meaningfully with the ,united ,states to strengthen government and judicial institutions and the rule of law to prevent1 prohibit1 and punish public corruption2 7,e7 the extent to which such government-- 7i7 is assisting in international investigations of transnational public corruption networks and in other cooperative efforts to combat serious1 significant corruption1 including cooperating with the governments of other countries to extradite corrupt actors2 7ii7 recognizes the rights of victims of public corruption1 ensures their access to justice1 and takes steps to prevent such victims from being further victimized or persecuted by corrupt actors1 government officials1 or others2 and 7iii7 refrains from prosecuting legitimate victims of public corruption or whistleblowers due to such persons having assisted in exposing public corruption1 and refrains from other discriminatory treatment of such persons2 and 7,f7 contain such other information relating to public corruption as the ,secretary of ,state considers appropriate4 7b7 ,identification ,after conducting each assessment under subsection 7a71 the ,secretary of ,state shall identify1 of the countries described in subsection 7a77#a7-- 7#a7 which countries are meeting minimum standards to combat public corruption2 7#b7 which countries are not meeting such minimum standards1 but are making significant efforts to do so2 and 7#c7 which countries are not meeting such minimum standards and are not making significant efforts to do so4 7c7 ,report ,except as provided in subsection 7d71 not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter through fiscal year #bjbf1 the ,secretary of ,state shall submit a report to the appropriate congressional committees1 and make such report publicly available4 ,such report shall-- 7#a7 identify the countries described in subsection 7a77#a7 and paragraphs 7#b7 and 7#c7 of subsection 7b72 7#b7 describe the methodology and data utilized in the assessments under subsection 7a72 and 7#c7 identify the reasons for the identifications referred to in paragraph 7#a74 7d7 ,briefing in lieu of report ,the ,secretary of ,state may waive the requirement to submit and make publicly available a written report under subsection 7c7 if the ,secretary-- 7#a7 determines that publication of such report would-- 7,a7 undermine existing ,united ,states anti-corruption efforts in #a or more countries2 or 7,b7 threaten the national interests of the ,united ,states2 and 7#b7 provides a briefing to the appropriate congressional committees that-- 7,a7 identifies the countries described in subsection 7a77#a7 and paragraphs 7#b7 and 7#c7 of subsection 7b72 7,b7 describes the methodology and data utilized in the assessment under subsection 7a72 and 7,c7 identifies the reasons for such identifications4 7e7 ,appropriate congressional committee defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,appropriations of the ,senate2 7#c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#d7 the ,committee on ,appropriations of the ,house of ,representatives4 #c4 ,transparency and accountability ,for each country identified under paragraphs 7#b7 and 7#c7 of section #b7;b71 the ,secretary of ,state1 in coordination with the ,administrator of the ,united ,states ,agency for ,international ,development1 as appropriate1 shall-- 7#a7 ensure that a corruption risk assessment and mitigation strategy is included in the integrated country strategy for such country2 and 7#b7 utilize appropriate mechanisms to combat corruption in such countries1 including by ensuring-- 7,a7 the inclusion of anti-corruption clauses in contracts1 grants1 and cooperative agreements entered into by the ,department of ,state or the ,united ,states ,agency for ,international ,development for or in such countries1 which allow for the termination of such contracts1 grants1 or cooperative agreements1 as the case may be1 without penalty if credible indicators of public corruption are discovered2 7,b7 the inclusion of appropriate clawback or flowdown clauses within the procurement instruments of the ,department of ,state and the ,united ,states ,agency for ,international ,development that provide for the recovery of funds misappropriated through corruption2 7,c7 the appropriate disclosure to the ,united ,states ,government1 in confidential form1 if necessary1 of the beneficial ownership of contractors1 subcontractors1 grantees1 cooperative agreement participants1 and other organizations implementing programs on behalf of the ,department of ,state or the ,united ,states ,agency for ,international ,development2 and 7,d7 the establishment of mechanisms for investigating allegations of misappropriated resources and equipment4 #d4 ,designation of embassy anti-corruption points of contact 7a7 ,in general ,the ,secretary of ,state shall annually designate an anti-corruption point of contact at the ,united ,states diplomatic post to each country identified under paragraphs 7#b7 and 7#c7 of section #b7;b71 or which the ,secretary otherwise determines is in need of such a point of contact4 ,the point of contact shall be the chief of mission or the chief of mission's designee4 7b7 ,responsibilities ,each anti-corruption point of contact designated under subsection 7a7 shall be responsible for coordinating and overseeing the implementation of a whole-of-government approach among the relevant ,federal departments and agencies operating programs that-- 7#a7 promote good governance in foreign countries2 and 7#b7 enhance the ability of such countries-- 7,a7 to combat public corruption2 and 7,b7 to develop and implement corruption risk assessment tools and mitigation strategies4 7c7 ,training ,the ,secretary of ,state shall implement appropriate training for anti-corruption points of contact designated under subsection 7a74 #e4 ,definitions ,in this ,act3 7#a7 ,corrupt actor ,the term corrupt actor means-- 7,a7 any foreign person or entity that is a government official or government entity responsible for1 or complicit in1 an act of public corruption2 and 7,b7 any company1 in which a person or entity described in subparagraph 7,a7 has a significant stake1 which is responsible for1 or complicit in1 an act of public corruption4 7#b7 ,foreign assistance ,the term foreign assistance means assistance made available under-- 7,a7 the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq472 or 7,b7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq474 7#c7 ,grand corruption ,the term grand corruption means public corruption committed at a high level of government that-- 7,a7 distorts policies or the central functioning of the country2 and 7,b7 enables leaders to benefit at the expense of the public good4 7#d7 ,petty corruption ,the term petty corruption means the unlawful exercise of entrusted public power for private gain by low- or mid-level public officials in their interactions with ordinary citizens1 including by bribery1 nepotism1 fraud1 or embezzlement4 7#e7 ,public corruption ,the term public corruption means the unlawful exercise of entrusted public power for private gain1 including by bribery1 nepotism1 fraud1 or embezzlement4 ,passed the ,senate ,december #ai1 #bjai4;,julie ,e4 ,adams1,secretary