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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4548 Considered and Passed Senate (CPS)]

<DOC>

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118-31) is repealed, and each provision of law amended by that section 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.''.
                                 <all>
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