S. 4548 

One Hundred Eighteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and twenty four 

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. 

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(Public Law 118–31) is repealed, and each provision of law amended 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: 

‘‘§ 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. 
S. 4548—2 

‘‘(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— 
S. 4548—3 

‘‘(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.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.