110 HR 6188 IH: Foreign Business Bribery Prohibition U.S. House of Representatives 2008-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6188 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.

1.

Short title

This Act may be cited as the Foreign Business Bribery Prohibition Act of 2008.

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. .