[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4548 Considered and Passed Senate (CPS)]
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118th CONGRESS
2d Session
S. 4548
To make a technical correction to the National Defense Authorization
Act for Fiscal Year 2024 by repealing section 5101 and enacting an
updated version of the Foreign Extortion Prevention Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2024
Mr. Whitehouse (for himself and Mr. Tillis) introduced the following
bill; which was read twice, considered, read the third time, and passed
_______________________________________________________________________
A BILL
To make a technical correction to the National Defense Authorization
Act for Fiscal Year 2024 by repealing section 5101 and enacting an
updated version of the Foreign Extortion Prevention Act.
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 Extortion Prevention
Technical Corrections Act''.
SEC. 2. TECHNICAL CORRECTION TO 2024 NDAA.
(a) Repeal of Previous Version of FEPA.--Section 5101 of the
National Defense Authorization Act for Fiscal Year 2024 (Public Law
118-31) is repealed, and each provision of law amended by that section
is amended to read as it read on the day before the date of enactment
of that Act.
(b) Prohibition of Demand for Bribe.--
(1) In general.--Chapter 63 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1352. Demands by foreign officials for bribes
``(a) Definitions.--In this section:
``(1) Foreign official.--The term `foreign official'
means--
``(A)(i) any official or employee of a foreign
government or any department, agency, or
instrumentality thereof; or
``(ii) any senior foreign political figure, as
defined in section 1010.605 of title 31, Code of
Federal Regulations, or any successor regulation;
``(B) any official or employee of a public
international organization;
``(C) any person acting in an official capacity for
or on behalf of--
``(i) a government, department, agency, or
instrumentality described in subparagraph
(A)(i); or
``(ii) a public international organization.
``(2) Public international organization.--The term `public
international organization' 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 Executive order for the
purposes of this section, effective as of the date of
publication of the order in the Federal Register.
``(b) Prohibition of Demand for a Bribe.--
``(1) Offense.--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 receive or
accept, directly or indirectly, anything of value personally or
for any other person or nongovernmental entity, by making use
of the mails or any means or instrumentality of interstate
commerce--
``(A) from--
``(i) any person (as defined in section
104A of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-3), except that that
definition shall be applied without regard to
whether the person is an offender) while the
foreign official or person selected to be a
foreign official, or a person acting on behalf
of the foreign official or person selected to
be a foreign official, is in the territory of
the United States;
``(ii) an issuer (as defined in section
3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))), or any officer, director,
employee, or agent of an issuer or any
stockholder thereof acting on behalf of the
issuer; or
``(iii) a domestic concern (as defined in
section 104 of the Foreign Corrupt Practices
Act of 1977 (15 U.S.C. 78dd-2)), or any
officer, director, employee, or agent of a
domestic concern or any stockholder thereof
acting on behalf of the domestic concern; and
``(B) in return for--
``(i) being influenced in the performance
of any act or decision of the foreign official
or person selected to be a foreign official in
the official capacity of the foreign official
or person selected to be a foreign official;
``(ii) being induced to do or omit to do
any act in violation of the lawful duty of the
foreign official or person selected to be a
foreign official;
``(iii) conferring any improper advantage;
or
``(iv) using the influence of the foreign
official or person selected to be a foreign
official with a foreign government or
instrumentality thereof to affect or influence
any act or decision of that government or
instrumentality,
in connection with obtaining or retaining business for
or with, or directing business to, any person.
``(2) Penalties.--Any person who violates paragraph (1)
shall be fined not more than $250,000 or 3 times the monetary
equivalent of the thing of value, imprisoned for not more than
15 years, or both.
``(3) Jurisdiction.--An offense under paragraph (1) shall
be subject to extraterritorial Federal jurisdiction.
``(4) Report.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the
Attorney General, in consultation with the Secretary of State
as relevant, shall submit to the Committee on the Judiciary and
the Committee on Foreign Relations of the Senate and the
Committee on the Judiciary and the Committee on Foreign Affairs
of the House of Representatives, and post on the publicly
available website of the Department of Justice, a report--
``(A) focusing, in part, on demands by foreign
officials for bribes from entities domiciled or
incorporated in the United States, and the efforts of
foreign governments to prosecute such cases;
``(B) addressing United States diplomatic efforts
to protect entities domiciled or incorporated in the
United States from foreign bribery, and the
effectiveness of those efforts in protecting such
entities;
``(C) summarizing major actions taken under this
section in the previous year, including enforcement
actions taken and penalties imposed;
``(D) evaluating the effectiveness of the
Department of Justice in enforcing this section; and
``(E) detailing what resources or legislative
action the Department of Justice needs to ensure
adequate enforcement of this section.
``(5) Rule of 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 pursuant to a
theory of direct liability, conspiracy, complicity, or
otherwise.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``1352. Demands by foreign officials for bribes.''.
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