118TH CONGRESS 

2D SESSION S. 4548 

AN ACT 

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, 
2 

†S 4548 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Foreign Extortion Pre3 vention Technical Corrections Act’’. 

4 SEC. 2. TECHNICAL CORRECTION TO 2024 NDAA. 

5 (a) REPEAL OF PREVIOUS VERSION OF FEPA.—Sec6 tion 5101 of the National Defense Authorization Act for 

7 Fiscal Year 2024 (Public Law 118–31) is repealed, and 

8 each provision of law amended by that section is amended 

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

10 of that Act. 

11 (b) PROHIBITION OF DEMAND FOR BRIBE.— 

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

13 United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘§ 1352. Demands by foreign officials for bribes 

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

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

18 official’ means— 

19 ‘‘(A)(i) any official or employee of a for20 eign government or any department, agency, or 

21 instrumentality thereof; or 

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

23 defined in section 1010.605 of title 31, Code of 

24 Federal Regulations, or any successor regula25 tion; 
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1 ‘‘(B) any official or employee of a public 

2 international organization; 

3 ‘‘(C) any person acting in an official ca4 pacity for or on behalf of— 

5 ‘‘(i) a government, department, agen6 cy, or instrumentality described in sub7 paragraph (A)(i); or 

8 ‘‘(ii) a public international organiza9 tion. 

10 ‘‘(2) PUBLIC INTERNATIONAL ORGANIZATION.— 

11 The term ‘public international organization’ 

12 means— 

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

14 Executive order pursuant to section 1 of the 

15 International Organizations Immunities Act (22 

16 U.S.C. 288); or 

17 ‘‘(B) any other international organization 

18 that is designated by the President by Execu19 tive order for the purposes of this section, effec20 tive as of the date of publication of the order 

21 in the Federal Register. 

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

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

24 foreign official or person selected to be a foreign of25 ficial to corruptly demand, seek, receive, accept, or 
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1 agree to receive or accept, directly or indirectly, any2 thing of value personally or for any other person or 

3 nongovernmental entity, by making use of the mails 

4 or any means or instrumentality of interstate com5 merce— 

6 ‘‘(A) from— 

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

8 104A of the Foreign Corrupt Practices Act 

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

10 that definition shall be applied without re11 gard to whether the person is an offender) 

12 while the foreign official or person selected 

13 to be a foreign official, or a person acting 

14 on behalf of the foreign official or person 

15 selected to be a foreign official, is in the 

16 territory of the United States; 

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

18 3(a) of the Securities Exchange Act of 

19 1934 (15 U.S.C. 78c(a))), or any officer, 

20 director, employee, or agent of an issuer or 

21 any stockholder thereof acting on behalf of 

22 the issuer; or 

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

24 in section 104 of the Foreign Corrupt 

25 Practices Act of 1977 (15 U.S.C. 78dd– 
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1 2)), or any officer, director, employee, or 

2 agent of a domestic concern or any stock3 holder thereof acting on behalf of the do4 mestic concern; and 

5 ‘‘(B) in return for— 

6 ‘‘(i) being influenced in the perform7 ance of any act or decision of the foreign 

8 official or person selected to be a foreign 

9 official in the official capacity of the for10 eign official or person selected to be a for11 eign official; 

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

13 any act in violation of the lawful duty of 

14 the foreign official or person selected to be 

15 a foreign official; 

16 ‘‘(iii) conferring any improper advan17 tage; or 

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

19 official or person selected to be a foreign 

20 official with a foreign government or in21 strumentality thereof to affect or influence 

22 any act or decision of that government or 

23 instrumentality, 
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1 in connection with obtaining or retaining busi2 ness for or with, or directing business to, any 

3 person. 

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

5 paragraph (1) shall be fined not more than 

6 $250,000 or 3 times the monetary equivalent of the 

7 thing of value, imprisoned for not more than 15 

8 years, or both. 

9 ‘‘(3) JURISDICTION.—An offense under para10 graph (1) shall be subject to extraterritorial Federal 

11 jurisdiction. 

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

13 date of enactment of this section, and annually 

14 thereafter, the Attorney General, in consultation 

15 with the Secretary of State as relevant, shall submit 

16 to the Committee on the Judiciary and the Com17 mittee on Foreign Relations of the Senate and the 

18 Committee on the Judiciary and the Committee on 

19 Foreign Affairs of the House of Representatives, 

20 and post on the publicly available website of the De21 partment of Justice, a report— 

22 ‘‘(A) focusing, in part, on demands by for23 eign officials for bribes from entities domiciled 

24 or incorporated in the United States, and the 
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1 efforts of foreign governments to prosecute such 

2 cases; 

3 ‘‘(B) addressing United States diplomatic 

4 efforts to protect entities domiciled or incor5 porated in the United States from foreign brib6 ery, and the effectiveness of those efforts in 

7 protecting such entities; 

8 ‘‘(C) summarizing major actions taken 

9 under this section in the previous year, includ10 ing enforcement actions taken and penalties im11 posed; 

12 ‘‘(D) evaluating the effectiveness of the 

13 Department of Justice in enforcing this section; 

14 and 

15 ‘‘(E) detailing what resources or legislative 

16 action the Department of Justice needs to en17 sure adequate enforcement of this section. 

18 ‘‘(5) RULE OF CONSTRUCTION.—This sub19 section shall not be construed as encompassing con20 duct that would violate section 30A of the Securities 

21 Exchange Act of 1934 (15 U.S.C. 78dd–1) or sec22 tion 104 or 104A of the Foreign Corrupt Practices 

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

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

25 conspiracy, complicity, or otherwise.’’. 
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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—The table of sections for chapter 63 of title 

3 18, United States Code, is amended by adding at 

4 the end the following: 

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

Passed the Senate June 13, 2024. 

Attest: 

Secretary. 

118TH CONGRESS 

2D SESSION S. 4548 

AN ACT 

To make a technical correction to the National Deversion of the Foreign Extortion Prevention Act. repealing section 5101 and enacting an updated fense Authorization Act for Fiscal Year 2024 by