[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6188 Introduced in House (IH)]







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 
  Commerce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To authorize certain private rights of action under the Foreign Corrupt 
 Practices Act of 1977 for violations by foreign concerns that damage 
                          domestic businesses.

    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 Business Bribery Prohibition 
Act of 2008''.

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 subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(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 Exchange Act of 1934, domestic concern which is 
        subject 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 violated 
                subsection (a); and
                    ``(B) the defendant foreign concern's violation of 
                subsection (a)--
                            ``(i) prevented the plaintiff from 
                        obtaining 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 violation 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), 
                together 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 affirmative defenses in 
        subsection (c) shall apply to an action under this subsection.
            ``(6) Contribution.--Every person who becomes 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 Exchange Act of 1934, a domestic concern 
                which 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.''.
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