Title: Foreign Extortion Prevention Act
Policy area: Crime and Law Enforcement

Summary:
Foreign Extortion Prevention Act
This bill establishes a federal criminal offense involving bribery by foreign officials.
Specifically, the bill makes it a crime for foreign officials to demand or accept anything of value personally or for another person or a nongovernmental entity to influence the performance of an official act or otherwise confer an improper advantage.
The bill explicitly grants extraterritorial jurisdiction over the offense.
A violation is subject to criminal penalties—a fine, a prison term of up to 15 years, or both.
Finally, the bill establishes a Victims of Kleptocracy Fund in the Treasury and directs fines and penalties for violations to be deposited into the fund for anti-corruption initiatives.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4737 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4737

 To amend title 18, United States Code, to prohibit a foreign official 
            from demanding a bribe, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2021

     Ms. Jackson Lee (for herself, Mr. Curtis, Mr. Malinowski, Mr. 
   Fitzpatrick, Mr. Cohen, Ms. Salazar, Mr. Keating, Ms. Kaptur, Ms. 
  Porter, Mr. Phillips, and Ms. Spanberger) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to prohibit a foreign official 
            from demanding a bribe, and for other purposes.

    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 Act''.

SEC. 2. PROHIBITION OF DEMAND FOR BRIBE.

    Section 201 of title 18, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(4) The term `foreign official' means--
                    ``(A) any official or employee of a foreign 
                government or any department, agency, or 
                instrumentality thereof;
                    ``(B) any official or employee of a public 
                international organization;
                    ``(C) any person acting in an official capacity for 
                or on behalf of any such government or department, 
                agency, or instrumentality, or for or on behalf of any 
                such public international organization; or
                    ``(D) any person acting in an unofficial capacity 
                for or on behalf of and with authorization from any 
                such government or department, agency, or 
                instrumentality, or for or on behalf of and with 
                authorization from any such public international 
                organization.
            ``(5) 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 such order in the Federal Register.''; 
                and
            (2) by adding at the end the following:
    ``(f)(1) In General.--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 non-
governmental entity, in or affecting interstate commerce, in return 
for--
            ``(A) being influenced in the performance of any official 
        act;
            ``(B) being induced to do or omit to do any act in 
        violation of the official duty of such official or person; or
            ``(C) conferring any improper advantage,
in connection with obtaining or retaining business for or with, or 
directing business to, any person.
            ``(2) Penalties.--Any person who violates paragraph (1) of 
        this section shall be fined not more than $250,000 or three 
        times the monetary equivalent of the thing of value, or 
        imprisoned for not more than fifteen years, or both.
            ``(3) Transfer.--Except for costs related to the 
        administration and enforcement of the Foreign Extortion 
        Prevention Act, all fines and penalties imposed against a 
        person under paragraph (2) of this section, whether pursuant to 
        a criminal prosecution, enforcement proceeding, deferred 
        prosecution agreement, non-prosecution agreement, a declination 
        to prosecute or enforce, a civil penalty, or any other 
        resolution, shall be deposited in the Victims of Kleptocracy 
        Fund established under subsection (l) of this section.
            ``(4) Jurisdiction.--An offense under paragraph (1) of this 
        section shall be subject to extraterritorial Federal 
        jurisdiction.
            ``(5) Report.--Not later than one year after the date of 
        enactment of the Foreign Extortion Prevention Act, and annually 
        thereafter, the Attorney General shall submit to the Committee 
        on the Judiciary of the House of Representatives and the 
        Committee on the Judiciary of the Senate, and post on the 
        publicly available website of the Department of Justice, a 
        report--
                    ``(A) providing an overview of the scale and nature 
                of bribery involving foreign officials, including an 
                analysis of where these crimes are most likely to be 
                committed;
                    ``(B) focusing, in part, on demands by foreign 
                officials for bribes from United States domiciled or 
                incorporated entities, and the efforts of foreign 
                governments to prosecute such cases;
                    ``(C) addressing United States diplomatic efforts 
                to protect United States domiciled or incorporated 
                entities from foreign bribery, and the effectiveness of 
                those efforts in protecting such entities;
                    ``(D) summarizing major actions taken under this 
                section in the previous year, including, but not 
                limited to, enforcement actions taken and penalties 
                imposed;
                    ``(E) evaluating the effectiveness of the 
                Department of Justice in enforcing this section;
                    ``(F) detailing what resources or legislative 
                action the Department of Justice need to ensure 
                adequate enforcement of this section; and
                    ``(G) studying the efficacy of mutual legal 
                assistance treaties and how they can be improved or 
                built upon in multilateral fora, including the 
                identification of legal and policy issues that are 
                delaying prompt responses.
            ``(6) Annual publication of mutual legal assistance treaty 
        data.--Not later than one year after the date of enactment of 
        the Foreign Extortion Prevention Act, and annually thereafter, 
        the Attorney General shall publish on the website of the 
        Department of Justice--
                    ``(A) the number of requests for mutual legal 
                assistance made to the Department of Justice from 
                foreign governments during the preceding year;
                    ``(B) the number of requests for mutual legal 
                assistance returned for noncompliance during the 
                preceding year;
                    ``(C) the reason or reasons each request for mutual 
                legal assistance returned for noncompliance was so 
                returned;
                    ``(D) the number of requests for mutual legal 
                assistance processed by the Department of Justice 
                during the preceding year;
                    ``(E) the median length of time taken to process a 
                request for mutual legal assistance by the Department 
                of Justice;
                    ``(F) the number of requests for mutual legal 
                assistance that have been pending or not completely 
                fulfilled within six months of receipt and the number 
                of requests for mutual legal assistance that have been 
                pending or not completely fulfilled within one year or 
                longer of receipt; and
                    ``(G) the number of outreach efforts by the 
                Department of Justice to explain how foreign countries 
                can receive mutual legal assistance.
            ``(7) Victims of kleptocracy fund.--There is established in 
        the United States Treasury a fund to be known as the `Victims 
        of Kleptocracy Fund'. Amounts deposited into the Victims of 
        Kleptocracy Fund pursuant to paragraph (3) of this subsection 
        or other law shall be available to the Attorney General, 
        without fiscal year limitation or need for subsequent 
        appropriation, only for the purposes of--
                    ``(A) the International Criminal Investigative 
                Training Assistance Program;
                    ``(B) the Kleptocracy Asset Recovery Initiative;
                    ``(C) the Office of Overseas Prosecutorial 
                Development, Assistance, and Training; and
                    ``(D) the Office of International Affairs, 
                including for the hiring of personnel to speed 
                processing of requests for mutual legal assistance.
            ``(8) 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.''.
                                 <all>