II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Extortion Pre5 vention Technical Corrections Act’’. 

6 SEC. 2. TECHNICAL CORRECTION TO 2024 NDAA. 

7 (a) REPEAL OF PREVIOUS VERSION OF FEPA.—Sec8 tion 5101 of the National Defense Authorization Act for 


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1 Fiscal Year 2024 (Public Law 118–31) is repealed, and 

2 each provision of law amended by that section is amended 

3 to read as it read on the day before the date of enactment 

4 of that Act. 

5 (b) PROHIBITION OF DEMAND FOR BRIBE.— 

6 (1) IN GENERAL.—Chapter 63 of title 18, 

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘§ 1352. Demands by foreign officials for bribes 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) FOREIGN OFFICIAL.—The term ‘foreign 

12 official’ means— 

13 ‘‘(A)(i) any official or employee of a for14 eign government or any department, agency, or 

15 instrumentality thereof; or 

16 ‘‘(ii) any senior foreign political figure, as 

17 defined in section 1010.605 of title 31, Code of 

18 Federal Regulations, or any successor regula19 tion; 

20 ‘‘(B) any official or employee of a public 

21 international organization; 

22 ‘‘(C) any person acting in an official ca23 pacity for or on behalf of— 


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1 ‘‘(i) a government, department, agen2 cy, or instrumentality described in sub3 paragraph (A)(i); or 

4 ‘‘(ii) a public international organiza5 tion. 

6 ‘‘(2) PUBLIC INTERNATIONAL ORGANIZATION.— 

7 The term ‘public international organization’ 

8 means— 

9 ‘‘(A) an organization that is designated by 

10 Executive order pursuant to section 1 of the 

11 International Organizations Immunities Act (22 

12 U.S.C. 288); or 

13 ‘‘(B) any other international organization 

14 that is designated by the President by Execu15 tive order for the purposes of this section, effec16 tive as of the date of publication of the order 

17 in the Federal Register. 

18 ‘‘(b) PROHIBITION OF DEMAND FOR A BRIBE.— 

19 ‘‘(1) OFFENSE.—It shall be unlawful for any 

20 foreign official or person selected to be a foreign of21 ficial to corruptly demand, seek, receive, accept, or 

22 agree to receive or accept, directly or indirectly, any23 thing of value personally or for any other person or 

24 nongovernmental entity, by making use of the mails 


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1 or any means or instrumentality of interstate com2 merce— 

3 ‘‘(A) from— 

4 ‘‘(i) any person (as defined in section 

5 104A of the Foreign Corrupt Practices Act 

6 of 1977 (15 U.S.C. 78dd–3), except that 

7 that definition shall be applied without re8 gard to whether the person is an offender) 

9 while the foreign official or person selected 

10 to be a foreign official, or a person acting 

11 on behalf of the foreign official or person 

12 selected to be a foreign official, is in the 

13 territory of the United States; 

14 ‘‘(ii) an issuer (as defined in section 

15 3(a) of the Securities Exchange Act of 

16 1934 (15 U.S.C. 78c(a))), or any officer, 

17 director, employee, or agent of an issuer or 

18 any stockholder thereof acting on behalf of 

19 the issuer; or 

20 ‘‘(iii) a domestic concern (as defined 

21 in section 104 of the Foreign Corrupt 

22 Practices Act of 1977 (15 U.S.C. 78dd– 

23 2)), or any officer, director, employee, or 

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1 holder thereof acting on behalf of the do2 mestic concern; and 

3 ‘‘(B) in return for— 

4 ‘‘(i) being influenced in the perform5 ance of any act or decision of the foreign 

6 official or person selected to be a foreign 

7 official in the official capacity of the for8 eign official or person selected to be a for9 eign official; 

10 ‘‘(ii) being induced to do or omit to do 

11 any act in violation of the lawful duty of 

12 the foreign official or person selected to be 

13 a foreign official; 

14 ‘‘(iii) conferring any improper advan15 tage; or 

16 ‘‘(iv) using the influence of the foreign 

17 official or person selected to be a foreign 

18 official with a foreign government or in19 strumentality thereof to affect or influence 

20 any act or decision of that government or 

21 instrumentality, 

22 in connection with obtaining or retaining busi23 ness for or with, or directing business to, any 

24 person. 


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1 ‘‘(2) PENALTIES.—Any person who violates 

2 paragraph (1) shall be fined not more than 

3 $250,000 or 3 times the monetary equivalent of the 

4 thing of value, imprisoned for not more than 15 

5 years, or both. 

6 ‘‘(3) JURISDICTION.—An offense under para7 graph (1) shall be subject to extraterritorial Federal 

8 jurisdiction. 

9 ‘‘(4) REPORT.—Not later than 1 year after the 

10 date of enactment of this section, and annually 

11 thereafter, the Attorney General, in consultation 

12 with the Secretary of State as relevant, shall submit 

13 to the Committee on the Judiciary and the Com14 mittee on Foreign Relations of the Senate and the 

15 Committee on the Judiciary and the Committee on 

16 Foreign Affairs of the House of Representatives, 

17 and post on the publicly available website of the De18 partment of Justice, a report— 

19 ‘‘(A) focusing, in part, on demands by for20 eign officials for bribes from entities domiciled 

21 or incorporated in the United States, and the 

22 efforts of foreign governments to prosecute such 

23 cases; 

24 ‘‘(B) addressing United States diplomatic 

25 efforts to protect entities domiciled or incorVerDate Sep 11 2014 23:18 Jun 13, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4548.CPS S4548

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1 porated in the United States from foreign brib2 ery, and the effectiveness of those efforts in 

3 protecting such entities; 

4 ‘‘(C) summarizing major actions taken 

5 under this section in the previous year, includ6 ing enforcement actions taken and penalties im7 posed; 

8 ‘‘(D) evaluating the effectiveness of the 

9 Department of Justice in enforcing this section; 

10 and 

11 ‘‘(E) detailing what resources or legislative 

12 action the Department of Justice needs to en13 sure adequate enforcement of this section. 

14 ‘‘(5) RULE OF CONSTRUCTION.—This sub15 section shall not be construed as encompassing con16 duct that would violate section 30A of the Securities 

17 Exchange Act of 1934 (15 U.S.C. 78dd–1) or sec18 tion 104 or 104A of the Foreign Corrupt Practices 

19 Act of 1977 (15 U.S.C. 78dd–2; 15 U.S.C. 78dd– 

20 3) whether pursuant to a theory of direct liability, 

21 conspiracy, complicity, or otherwise.’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENT.—The table of sections for chapter 63 of title 


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1 18, United States Code, is amended by adding at 

2 the end the following: 

‘‘1352. Demands by foreign officials for bribes.’’. 

Æ 


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