,i #aagth ,,congress #ast ,session ,h4 ,r4 #djb ,,in ,,the ,,house ,,of ,,representatives ,january #ba1 #bjba,mr4 ,keating 7for himself and ,mr4 ,fitzpatrick7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to promote international efforts in combating corruption1 kleptocracy1 and illicit finance by foreign officials and other foreign persons1 including through a new anti-corruption action fund1 and for other purposes4 #a4 ,short titles2 table of contents 7a7 ,short titles ,this ,act may be cited as the ,countering ,russian and ,other ,overseas ,kleptocracy ,act or the ,,crook ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short titles2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,sec4 #d4 ,statement of policy4,sec4 #e4 ,anti-,corruption ,action ,fund4,sec4 #f4 ,interagency ,anti-,corruption ,task ,force4,sec4 #g4 ,designation of embassy anti-corruption points of contact4,sec4 #h4 ,reporting requirements4 #b4 ,findings ,congress finds the following3 7#a7 ,authoritarian leaders in foreign countries abuse their power to steal assets from state institutions1 enrich themselves at the expense of their countries' economic development1 and use corruption as a strategic tool both to solidify their grip on power and to undermine democratic institutions abroad4 7#b7 ,global corruption harms the competitiveness of ,united ,states businesses1 weakens democratic governance1 feeds terrorist recruitment and transnational organized crime1 enables drug smuggling and human trafficking1 and stymies economic growth4 7#c7 ,illicit financial flows often penetrate countries through what appear to be legitimate financial transactions1 as kleptocrats launder money1 use shell companies1 amass offshore wealth1 and participate in a global shadow economy4 7#d7 ,the ,government of the ,russian ,federation is a leading model of this type of kleptocratic system1 using state-sanctioned corruption to both erode democratic governance from within and discredit democracy abroad1 thereby strengthening the authoritarian rule of ,vladimir ,putin4 7#e7 ,corrupt individuals and entities in the ,russian ,federation1 often with the backing and encouragement of political leadership1 use stolen money-- 7,a7 to purchase key assets in other countries1 often with a goal of attaining monopolistic control of a sector2 7,b7 to gain access to and influence the policies of other countries2 and 7,c7 to advance ,russian interests in other countries1 particularly those that undermine confidence and trust in democratic systems4 7#f7 ,systemic corruption in the ,people's ,republic of ,china1 often tied to1 directed by1 or backed by the leadership of the ,chinese ,communist ,party and the ,chinese ,government is used-- 7,a7 to provide unfair advantage to certain ,people's ,republic of ,china economic entities2 7,b7 to increase other countries' economic dependence on the ,people's ,republic of ,china to secure greater deference to the ,people's ,republic of ,china's diplomatic and strategic goals2 and 7,c7 to exploit corruption in foreign governments and among other political elites to enable ,people's ,republic of ,china state-backed firms to pursue predatory and exploitative economic practices4 7#g7 ,thwarting these tactics by ,russian1 ,chinese1 and other kleptocratic actors requires the international community to strengthen democratic governance and the rule of law4 ,international cooperation in combating corruption and illicit finance is vital to such efforts1 especially by empowering reformers in foreign countries during historic political openings for the establishment of the rule of law in those countries4 7#h7 ,technical assistance programs that combat corruption and strengthen the rule of law1 including through assistance provided by the ,department of ,state's ,bureau of ,international ,narcotics and ,law ,enforcement ,affairs and the ,united ,states ,agency for ,international ,development1 and through programs like the ,department of ,justice's ,office of ,overseas ,prosecutorial ,development1 ,assistance and ,training and the ,international ,criminal ,investigative ,training ,assistance ,program1 can have lasting and significant impacts for both foreign and ,united ,states interests4 7#i7 ,there currently exist numerous international instruments to combat corruption1 kleptocracy1 and illicit finance1 including-- 7,a7 the ,inter-,american ,convention against ,corruption of the ,organization of ,american ,states1 done at ,caracas ,march #bi1 #aiif2 7,b7 the ,convention on ,combating ,bribery of ,foreign ,public ,officials in ,international ,business ,transactions of the ,organisation of ,economic ,co-operation and ,development1 done at ,paris ,december #ba1 #aiig 7commonly referred to as the ,anti-,bribery ,convention72 7,c7 the ,united ,nations ,convention against ,transnational ,organized ,crime1 done at ,new ,york ,november #ae1 #bjjj2 7,d7 the ,united ,nations ,convention against ,corruption1 done at ,new ,york ,october #ca1 #bjjc2 7,e7 ,recommendation of the ,council for ,further ,combating ,bribery of ,foreign ,public ,officials in ,international ,business ,transactions1 adopted ,november #bf1 #bjji2 and 7,f7 recommendations of the ,financial ,action ,task ,force comprising the ,international ,standards on ,combating ,money ,laundering and the ,financing of ,terrorism and ,proliferation4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,c7 the ,committee on ,finance of the ,senate2 7,d7 the ,committee on the ,judiciary of the ,senate2 7,e7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,f7 the ,committee on ,financial ,services of the ,house of ,representatives2 7,g7 the ,committee on ,ways and ,means of the ,house of ,representatives2 and 7,h7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,foreign assistance ,the term foreign assistance means foreign assistance authorized under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbea et seq474 7#c7 ,foreign state ,the term foreign state has the meaning given such term in section #afjc7;a7 of title #bh1 ,united ,states ,code4 7#d7 ,intelligence community ,the term intelligence community has the meaning given such term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 7#e7 ,public corruption ,the term public corruption includes the unlawful exercise of entrusted public power for private gain1 such as through bribery1 nepotism1 fraud1 extortion1 or embezzlement4 7#f7 ,rule of law ,the term rule of law means the principle of governance in which all persons1 institutions1 and entities1 whether public or private1 including the state1 are accountable to laws that are-- 7,a7 publicly promulgated2 7,b7 equally enforced2 7,c7 independently adjudicated2 and 7,d7 consistent with international human rights norms and standards4 #d4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to leverage ,united ,states diplomatic engagement and foreign assistance to promote the rule of law2 7#b7 7,a7 to promote international instruments to combat corruption1 kleptocracy1 and illicit finance1 including instruments referred to in section #b7i71 and other relevant international standards and best practices1 as such standards and practices develop2 and 7,b7 to promote the adoption and implementation of such laws1 standards1 and practices by foreign states2 7#c7 to support foreign states in promoting good governance and combating public corruption2 7#d7 to encourage and assist foreign partner countries to identify and close loopholes in their legal and financial architecture1 including the misuse of anonymous shell companies1 free trade zones1 and other legal structures1 that are enabling illicit finance to penetrate their financial systems2 7#e7 to help foreign partner countries to investigate1 prosecute1 adjudicate1 and more generally combat the use of corruption by malign actors1 including authoritarian governments1 particularly the ,government of the ,russian ,federation and the ,government of the ,people's ,republic of ,china1 as a tool of malign influence worldwide2 7#f7 to assist in the recovery of kleptocracy-related stolen assets for victims1 including through the use of appropriate bilateral arrangements and international agreements1 such as the ,united ,nations ,convention against ,corruption1 done at ,new ,york ,october #ca1 #bjjc1 and the ,united ,nations ,convention against ,transnational ,organized ,crime1 done at ,new ,york ,november #ae1 #bjjj2 7#g7 to use sanctions authorities1 such as the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note77 and section #gjca7;c7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjbj 7division ,g of ,public ,law #aaf-id71 to identify and take action against corrupt foreign actors2 7#h7 to ensure coordination between relevant ,federal departments and agencies with jurisdiction over the advancement of good governance in foreign states2 and 7#i7 to lead the creation of a formal grouping of like-minded states-- 7,a7 to coordinate efforts to counter corruption1 kleptocracy1 and illicit finance2 and 7,b7 to strengthen collective financial defense4 #e4 ,anti-,corruption ,action ,fund 7a7 ,establishment ,there is established in the ,united ,states ,treasury a fund1 to be known as the ,anti-,corruption ,action ,fund1 only for the purposes of-- 7#a7 strengthening the capacity of foreign states to prevent and fight public corruption2 7#b7 assisting foreign states to develop rule of law-based governance structures1 including accountable civilian police1 prosecutorial1 and judicial institutions2 7#c7 supporting foreign states to strengthen domestic legal and regulatory frameworks to combat public corruption1 including the adoption of best practices under international law2 and 7#d7 supplementing existing foreign assistance and diplomacy with respect to efforts described in paragraphs 7#a71 7#b71 and 7#c74 7b7 ,funding 7#a7 ,transfers ,beginning on or after the date of the enactment of this ,act1 if total criminal fines and penalties in excess of #ej1jjj1jjj are imposed against a person under the ,foreign ,corrupt ,practices ,act of #aigg 7,public ,law #ie-bac7 or section #ac1 #cj;,a1 or #cb of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm1 #gh;dd-#a1 and #gh;ff71 whether pursuant to a criminal prosecution1 enforcement proceeding1 deferred prosecution agreement1 nonprosecution agreement1 a declination to prosecute or enforce1 or any other resolution1 the court 7in the case of a conviction7 or the ,attorney ,general shall impose an additional prevention payment equal to #e1jjj1jjj against such person1 which shall be deposited in the ,anti-,corruption ,action ,fund established under subsection 7a74 7#b7 ,availability of funds ,amounts deposited into the ,anti-,corruption ,action ,fund pursuant to paragraph 7#a7 shall be available to the ,secretary of ,state only for the purposes described in subsection 7a71 without fiscal year limitation or need for subsequent appropriation4 7#c7 ,limitation ,none of the amounts made available to the ,secretary of ,state from the ,anti-,corruption ,action ,fund may be used inside the ,united ,states1 except for administrative costs related to overseas program implementation pursuant to subsection 7a74 7c7 ,support ,the ,anti-,corruption ,action ,fund-- 7#a7 may support governmental and nongovernmental parties in advancing the purposes described in subsection 7a72 and 7#b7 shall be allocated in a manner complementary to existing ,united ,states foreign assistance1 diplomacy1 and anti-corruption activities4 7d7 ,allocation and prioritization ,in programming foreign assistance made available through the ,anti-,corruption ,action ,fund1 the ,secretary of ,state1 in coordination with the ,attorney ,general1 shall prioritize projects that-- 7#a7 assist countries that are undergoing historic opportunities for democratic transition1 combating corruption1 and the establishment of the rule of law2 and 7#b7 are important to ,united ,states national interests4 7e7 ,technical assistance providers ,for any technical assistance to a foreign governmental party under this section1 the ,secretary of ,state1 in coordination with the ,attorney ,general1 shall prioritize ,united ,states ,government technical assistance providers as implementers1 in particular the ,office of ,overseas ,prosecutorial ,development1 ,assistance and ,training and the ,international ,criminal ,investigative ,training ,assistance ,program at the ,department of ,justice4 7f7 ,public diplomacy ,the ,secretary of ,state shall announce that funds deposited in the ,anti-,corruption ,action ,fund are derived from actions brought under the ,foreign ,corrupt ,practices ,act to demonstrate that the use of such funds are-- 7#a7 contributing to international anti-corruption work2 and 7#b7 reducing the pressure that ,united ,states businesses face to pay bribes overseas1 thereby contributing to greater competitiveness of ,united ,states companies4 7g7 ,reporting ,not later than #a year after the date of the enactment of this ,act and not less frequently than annually thereafter1 the ,secretary of ,state shall submit a report to the appropriate congressional committees that contains-- 7#a7 the balance of the funding remaining in the ,anti-,corruption ,action ,fund2 7#b7 the amount of funds that have been deposited into the ,anti-,corruption ,action ,fund2 and 7#c7 a summary of the obligation and expenditure of such funds4 7h7 ,notification requirements ,none of the amounts made available to the ,secretary of ,state from the ,anti-,corruption ,action ,fund pursuant to this section shall be available for obligation1 or for transfer to other departments1 agencies1 or entities1 unless the ,secretary of ,state notifies the ,committee on ,foreign ,relations of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives1 not later than #ae days in advance of such obligation or transfer4 #f4 ,interagency ,anti-,corruption ,task ,force 7a7 ,in general ,the ,secretary of ,state1 in cooperation with the ,interagency ,anti-,corruption ,task ,force established pursuant to subsection 7b71 shall manage a whole-of-government effort to improve coordination among ,federal departments and agencies and donor organizations with a role in-- 7#a7 promoting good governance in foreign states2 and 7#b7 enhancing the ability of foreign states to combat public corruption4 7b7 ,interagency ,anti-,corruption ,task ,force ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall establish and convene the ,interagency ,anti-,corruption ,task ,force 7referred to in this section as the ,task ,force71 which shall be composed of representatives appointed by the ,president from appropriate departments and agencies1 including the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,department of ,justice1 the ,department of the ,treasury1 the ,department of ,homeland ,security1 the ,department of ,defense1 the ,department of ,commerce1 the ,millennium ,challenge ,corporation1 and the intelligence community4 7c7 ,additional meetings ,the ,task ,force shall meet not less frequently than twice per year4 7d7 ,duties ,the ,task ,force shall-- 7#a7 evaluate1 on a general basis1 the effectiveness of existing foreign assistance programs1 including programs funded by the ,anti-,corruption ,action ,fund1 that have an impact on-- 7,a7 promoting good governance in foreign states2 and 7,b7 enhancing the ability of foreign states to combat public corruption2 7#b7 assist the ,secretary of ,state in managing the whole-of-government effort described in subsection 7a72 7#c7 identify general areas in which such whole-of-government effort could be enhanced2 and 7#d7 recommend specific programs for foreign states that may be used to enhance such whole-of-government effort4 7e7 ,briefing requirement ,not later than #a year after the date of the enactment of this ,act and not less frequently than annually thereafter through the end of fiscal year #bjbf1 the ,secretary of ,state shall provide a briefing to the appropriate congressional committees regarding the ongoing work of the ,task ,force4 ,each briefing shall include the participation of a representative of each of the departments and agencies described in subsection 7b71 to the extent feasible4 #g4 ,designation of embassy anti-corruption points of contact 7a7 ,embassy anti-,corruption point of contact ,the chief of mission of each ,united ,states embassy shall designate an anti-corruption point of contact for each such embassy4 7b7 ,duties ,the designated anti-corruption points of contact designated pursuant to subsection 7a7 shall-- 7#a7 coordinate1 in accordance with guidance from the ,interagency ,anti-,corruption ,task ,force established pursuant to section #f7;b71 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 foreign states1 including all relevant ,federal departments and agencies with a presence in such foreign states1 such as the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,department of ,justice1 the ,department of the ,treasury1 the ,department of ,homeland ,security1 the ,department of ,defense1 the ,millennium ,challenge ,corporation1 and the intelligence community2 7#b7 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 engagement2 and 7#c7 ensure that anti-corruption activities carried out within their respective countries of responsibility are included in regular reporting to the ,secretary of ,state and the ,interagency ,anti-,corruption ,task ,force1 including ,united ,states embassy strategic planning documents and foreign assistance-related reporting1 as appropriate4 7c7 ,training ,the ,secretary of ,state shall develop and implement appropriate training for the designated anti-corruption points of contact4 #h4 ,reporting requirements 7a7 ,report or briefing on progress toward implementation ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for the following #c years1 the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 the ,attorney ,general1 and the ,secretary of the ,treasury1 shall submit a report or provide a briefing to the appropriate congressional committees that summarizes progress made in combating public corruption and in implementing this ,act1 including-- 7#a7 identifying opportunities and priorities for outreach with respect to promoting the adoption and implementation of relevant international law and standards in combating public corruption1 kleptocracy1 and illicit finance2 7#b7 describing-- 7,a7 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 corruption1 kleptocracy1 and illicit finance2 and 7,b7 how such offices coordinate their efforts with each other and with other relevant ,federal departments and agencies2 7#c7 providing a description of how the provisions under subsections 7d7 and 7e7 of section #e have been applied to each project funded by the ,anti-,corruption ,action ,fund2 7#d7 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 implemented by a ,united ,states ,government technical assistance provider2 7#e7 describing the activities of the ,interagency ,anti-,corruption ,task ,force established pursuant to section #f7;b72 7#f7 identifying-- 7,a7 the designated anti-corruption points of contact for foreign states2 and 7,b7 any training provided to such points of contact2 and 7#g7 recommending additional measures that would enhance the ability of the ,united ,states ,government to combat public corruption1 kleptocracy1 and illicit finance overseas4 7b7 ,online platform ,the ,secretary of ,state1 in conjunction with the ,administrator of the ,united ,states ,agency for ,international ,development1 should consolidate existing reports with anti-corruption components into a single online1 public platform that includes-- 7#a7 the ,annual ,country ,reports on ,human ,rights ,practices required under section #aaf of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean72 7#b7 the ,fiscal ,transparency ,report required under section #gjca7;b7 of the ,department of ,state1 ,foreign ,operations and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f72 7#c7 the ,investment ,climate ,statement reports2 7#d7 the ,international ,narcotics ,control ,strategy ,report2 7#e7 any other relevant public reports2 and 7#f7 links to third-party indicators and compliance mechanisms used by the ,united ,states ,government to inform policy and programming1 as appropriate1 such as-- 7,a7 the ,international ,finance ,corporation's ,doing ,business surveys2 7,b7 the ,international ,budget ,partnership's ,open ,budget ,index2 and 7,c7 multilateral peer review anti-corruption compliance mechanisms1 such as-- 7i7 the ,organisation for ,economic ,co-operation and ,development's ,working ,group on ,bribery in ,international ,business ,transactions2 7ii7 the ,follow-,up ,mechanism for the ,inter-,american ,convention ,against ,corruption2 and 7iii7 the ,united ,nations ,convention ,against ,corruption1 done at ,new ,york ,october #ca1 #bjjc4