I 
110TH CONGRESS 
2D SESSION 
H. R. 6188 
To authorize certain private rights of action under the Foreign Corrupt 
Practices Act of 1977 for violations by foreign concerns that damage 
domestic businesses. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2008 
Mr. PERLMUTTER (for himself and Mr. UDALL of Colorado) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To authorize certain private rights of action under the For-
eign Corrupt Practices Act of 1977 for violations by 
foreign concerns that damage domestic businesses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Business Brib-
ery Prohibition Act of 2008’’. 
VerDate Aug 31 2005 
04:53 Jun 05, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6188.IH
H6188
jbell on PROD1PC69 with BILLS
SEC. 2. ACTIONS AUTHORIZED. 
Section 104A of the Foreign Corrupt Practices Act 
of 1977 (15 U.S.C. 78dd–3) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) PRIVATE RIGHTS OF ACTION AUTHORIZED.— 
‘‘(1) AUTHORIZED
PLAINTIFFS.—Any foreign 
concern that violates subsection (a) shall be liable in 
an action brought in accordance with this subsection 
in any court of competent jurisdiction to any issuer 
which is subject to section 30A of the Securities Ex-
change Act of 1934, domestic concern which is sub-
ject to section 104 of this Act, or other United 
States person that is damaged by the violation of 
subsection (a) of this section for damages caused to 
such issuer, domestic concern, or other person by 
the violation. 
‘‘(2) PROOF
OF
DAMAGES.—For purposes of 
this subsection, a plaintiff in an action under this 
subsection must allege and prove that— 
‘‘(A) the defendant foreign concern vio-
lated subsection (a); and 
‘‘(B) the defendant foreign concern’s viola-
tion of subsection (a)— 
VerDate Aug 31 2005 
04:53 Jun 05, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6188.IH
H6188
jbell on PROD1PC69 with BILLS
‘‘(i) prevented the plaintiff from ob-
taining or retaining business for or with 
any person; and 
‘‘(ii) assisted the foreign concern in 
obtaining or retaining such business. 
‘‘(3) MEASURE OF DAMAGES.— 
‘‘(A) IN GENERAL.—The damages which a 
plaintiff may obtain in an action under this 
subsection may be equal to the higher of the 
two following amounts that are established by 
the plaintiff’s allegations and proof: 
‘‘(i) The total amount of the contract 
or agreement that the defendant gained in 
obtaining or retaining business by means 
of the violation of subsection (a). 
‘‘(ii) The total amount of the contract 
or agreement that the plaintiff failed to 
gain because of the defendant’s obtaining 
or retaining business by means of the vio-
lation of subsection (a). 
‘‘(B) TREBLE
DAMAGES.—In assessing 
damages under subparagraph (A), the court 
shall enter judgment for three times the 
amount determined under clause (i) or (ii) of 
such subparagraph (whichever is greater), to-
VerDate Aug 31 2005 
04:53 Jun 05, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6188.IH
H6188
jbell on PROD1PC69 with BILLS
gether with a reasonable attorney’s fee and 
costs, for any violation of subsection (a). 
‘‘(4) EXCEPTION FOR ROUTINE GOVERNMENTAL 
ACTION.—The exception in subsection (b) shall apply 
to an action under this subsection. 
‘‘(5) AFFIRMATIVE
DEFENSES.—The affirma-
tive defenses in subsection (c) shall apply to an ac-
tion under this subsection. 
‘‘(6) CONTRIBUTION.—Every person who be-
comes liable to make payment under this subsection 
may recover contribution as in cases of contract 
from any person who, if joined in the original suit, 
would have been liable to make the same payment. 
‘‘(7) STATUTE
OF
LIMITATIONS.—No action 
shall be maintained to enforce any liability created 
under this subsection unless brought within three 
years after the discovery of the facts constituting the 
cause of action and within six years after such cause 
of action accrued. 
‘‘(8) DEFINITIONS.— 
‘‘(A) FOREIGN
CONCERN.—For purposes 
of this subsection, the term ‘foreign concern’ 
means any person other than an issuer which is 
subject to section 30A of the Securities Ex-
change Act of 1934, a domestic concern which 
VerDate Aug 31 2005 
04:53 Jun 05, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6188.IH
H6188
jbell on PROD1PC69 with BILLS
is subject to section 104 of this Act, or another 
United States person. 
‘‘(B) UNITED STATES PERSON.—The term 
‘United States person’ has the meaning given 
such term in section 104(i)(2) of this Act.’’. 
Æ 
VerDate Aug 31 2005 
04:53 Jun 05, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H6188.IH
H6188
jbell on PROD1PC69 with BILLS