[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 151 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 151
To amend the Securities Exchange Act of 1934 to address corrupt
practices of the Government of the People's Republic of China, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Securities Exchange Act of 1934 to address corrupt
practices of the Government of the People's Republic of China, 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 ``Countering Corporate Corruption in
China Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In section 1 of the National Security Study Memorandum
issued on June 3, 2021 (relating to establishing the fight
against corruption as a core United States national security
interest), President Joseph R. Biden, Jr., established
countering corruption as a core United States national security
interest.
(2) The practices of the Chinese Communist Party, the
Government of the People's Republic of China, and
instrumentalities of the Government of the People's Republic of
China pose a unique challenge to the enforcement of section 30A
of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) and
sections 104 and 104A of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-2, 78dd-3) (referred to collectively in
this section as the ``corporate anti-corruption laws'').
(3) The Chinese Communist Party, the Government of the
People's Republic of China, and instrumentalities of the
Government of the People's Republic of China routinely
frustrate the enforcement of the corporate anti-corruption laws
by leveraging access to the markets of the People's Republic of
China to cause companies that are subject to the corporate
anti-corruption laws to improperly provide valuable benefits to
those entities in the form of principally nonmonetary actions
(referred to collectively in this section as ``corporate
actions currying favor with the Chinese Communist Party''),
which include--
(A) the hiring, promotion, or retention of Chinese
Communist Party officials and children of those
officials, such as the unlawful practices admitted to
by certain entities subject to the corporate anti-
corruption laws in what are commonly known as the
``princelings'' settlements;
(B) political advocacy on behalf of the goals and
policies of the Chinese Communist Party in the People's
Republic of China, the United States, and the rest of
the world, including by--
(i) assisting in the denial, obfuscation,
or excusal of--
(I) genocide and other atrocities
committed by the Chinese Communist
Party, the Government of the People's
Republic of China, and
instrumentalities of the Government of
the People's Republic of China;
(II) the extrajudicial detainment,
subjection to forced labor, torture,
and political indoctrination of, and
other severe human rights abuses with
respect to, Uyghurs, Kazakhs, Kyrgyz,
and members of other predominantly
Muslim ethnic groups by the Government
of the People's Republic of China in
the Xinjiang Uyghur Autonomous Region
of China (or comparable treatment of
members of other ethnic, religious, and
political groups who reside elsewhere
in the People's Republic of China);
(III) censorship or other
activities with respect to Hong Kong
that--
(aa) prohibit, limit, or
penalize the exercise of
freedom of expression or
assembly by the citizens of
Hong Kong; or
(bb) limit access to free
and independent print, online,
or broadcast media; and
(IV) the extrajudicial rendition,
arbitrary detention, or torture of any
individual in Hong Kong or other gross
violations of internationally
recognized human rights in Hong Kong;
and
(ii) supporting, legitimizing, or
recognizing the unlawful territorial claims of
the Government of the People's Republic of
China in Taiwan, Tibet, Korea, the South China
Sea, the East China Sea, and other locations in
which such claims are contested; and
(C) investments without reasonable business
purposes in industries targeted for support by the
Chinese Communist Party, the Government of the People's
Republic of China, or instrumentalities of the
Government of the People's Republic of China, including
by entering into a joint venture with such an
instrumentality or an entity affiliated with such an
instrumentality.
(4) Corporate actions currying favor with the Chinese
Communist Party are valuable to officials of the Chinese
Communist Party, the Government of the People's Republic of
China, and instrumentalities of the Government of the People's
Republic of China, and constitute payments of value for the
purposes of subsection (a) of each of the corporate anti-
corruption laws, because those actions are--
(A) directly or indirectly financially valuable to
those officials due to--
(i) the extent of corruption in the
People's Republic of China;
(ii) the reliance of the economy of the
People's Republic of China on state-owned
enterprises; and
(iii) the integration of the party-state
with business enterprises in the People's
Republic of China; and
(B) valuable to the interests of the Chinese
Communist Party, and officials of that Party, in a
manner that is distinct from any independent economic
or public interest rationale for those actions.
(5) Corporate actions currying favor with the Chinese
Communist Party are taken corruptly for the purposes of each of
the corporate anti-corruption laws because those actions--
(A) have no reasonable business purpose unrelated
to obtaining or retaining business within the People's
Republic of China and instead relate to--
(i) accessing markets within the
jurisdiction of the People's Republic of China;
or
(ii) avoiding injury threatened by the
Chinese Communist Party, the Government of the
People's Republic of China, or
instrumentalities of the Government of the
People's Republic of China; and
(B) are morally wrongful to the extent that those
actions contribute to denying, obfuscating, or
excusing--
(i) genocide and other atrocities; and
(ii) the extrajudicial detainment,
subjection to forced labor, torture, and
political indoctrination of, and other severe
human rights abuses with respect to,
individuals by the Chinese Communist Party, the
Government of the People's Republic of China,
or instrumentalities of the Government of the
People's Republic of China.
(6) Despite the public and prominent undertaking of
corporate actions currying favor with the Chinese Communist
Party by individuals and entities that are subject to the
corporate anti-corruption laws, the Federal Government has
undertaken little enforcement with respect to those corporate
actions due to an apparent difficulty in demonstrating that the
actions are corrupt, or of value to a foreign official, because
of the principally nonmonetary nature of those actions.
(7) In addition to undermining the public interest in the
enforcement of the corporate anti-corruption laws in the manner
described in paragraphs (2) through (6), corporate actions
currying favor with the Chinese Communist Party undermine the
public interest in the enforcement of the laws of the United
States, including--
(A) sections 4 and 5 of the Act entitled ``An Act
to ensure that goods made with forced labor in the
Xinjiang Autonomous Region of the People's Republic of
China do not enter the United States market, and for
other purposes'', approved December 23, 2021 (Public
Law 117-78; 135 Stat. 1525) (referred to in this
section as the ``Uyghur Forced Labor Prevention Act'')
(including the amendment made by section 5 of that
Act), by--
(i) reducing the awareness of entities
subject to, or potentially subject to, that Act
regarding the application of that Act to
activities in the Xinjiang Autonomous Region of
the People's Republic of China or elsewhere in
the People's Republic of China;
(ii) aiding and abetting violations of that
Act; and
(iii) reducing the information available to
law enforcement officials in the United States
regarding the activities described in clause
(i); and
(B) United States sanctions laws with respect to
persons and entities in the People's Republic of China
(collectively referred to in this section as the
``sanctions laws of the United States'')--
(i) including--
(I) section 1237 of the Strom
Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law
105-261; 50 U.S.C. 1701 note);
(II) sections 4 and 5 of the Uyghur
Forced Labor Prevention Act (including
the amendment made by section 5 of that
Act);
(III) the Global Magnitsky Human
Rights Accountability Act (subtitle F
of title XII of Public Law 114-328; 22
U.S.C. 2656 note);
(IV) Executive Order 13818 (50
U.S.C. 1701 note; relating to blocking
the property of persons involved in
serious human rights abuse or
corruption), as amended on or after the
date of enactment of this Act;
(V) Executive Order 13959 (50
U.S.C. 1701 note; relating to
addressing the threat from securities
investments that finance Communist
Chinese military companies), as amended
before, on, or after the date of
enactment of this Act and as superseded
in part before, on, or after the date
of enactment of this Act; and
(VI) Executive Order 14032 (50
U.S.C. 1701 note; relating to
addressing the threat from securities
investments that finance certain
companies of the People's Republic of
China), as amended before, on, or after
the date of enactment of this Act; and
(ii) by facilitating investment in, or
transactions with, entities in which investment
is, or with which transactions are, prohibited
under the sanctions laws of the United States
by--
(I) providing principally
nonmonetary benefits of value to those
entities, which, in turn, become
financially valuable to those entities
in a manner that is directly traceable
to those benefits, such as with respect
to raising capital from international
capital markets;
(II) investing in, or transacting
with, entities not subject to the
sanctions laws of the United States
under circumstances that suggest that
those entities will, in turn, invest in
or transact with other entities that
are subject to the sanctions laws of
the United States; and
(III) reducing the information
available to law enforcement officials
in the United States for the purpose of
enforcing the sanctions laws of the
United States.
(8) The requirements of this Act, and the amendments made
by this Act, are justified by--
(A) the public interest in mitigating the threats
to the enforcement of the corporate anti-corruption
laws, and the sanctions laws of the United States, that
are posed by the Chinese Communist Party, the
Government of the People's Republic of China, and
instrumentalities of the Government of the People's
Republic of China;
(B) the foreign policy interests achieved by this
Act and the amendments made by this Act; and
(C) the fact that those requirements--
(i) are confined to the specific conduct of
entities and persons subject to the corporate
anti-corruption laws based on observable
patterns of behavior demonstrated by those
entities and persons; and
(ii) do not subject any entity or person
described in clause (i) to any criminal
penalty.
SEC. 3. AMENDMENTS REGARDING PROHIBITED FOREIGN TRADE PRACTICES.
(a) Issuers.--
(1) In general.--Section 30A of the Securities Exchange Act
of 1934 (15 U.S.C. 78dd-1) is amended--
(A) in subsection (f), by adding at the end the
following:
``(4) The term `covered investment'--
``(A) means any direct or indirect contribution or
commitment of assets, including any--
``(i) acquisition of an equity interest or
convertible equity interest; or
``(ii) loan or other debt interest; and
``(B) does not include a transaction in goods or
services, or any related party transaction, with a
wholly owned subsidiary of an entity--
``(i) that is incorporated in a
jurisdiction of the United States; or
``(ii) the principal place of business of
which is in the United States.''; and
(B) by adding at the end the following:
``(h) Application.--For the purposes of this section--
``(1) an action that is taken corruptly includes an action
that serves to--
``(A) deny, obfuscate, or excuse that a third party
has committed, or assist a third party in committing--
``(i) the extrajudicial detainment,
subjection to forced labor, torture, and
political indoctrination of, and other severe
human rights abuses with respect to, Uyghurs,
Kazakhs, Kyrgyz, and members of other
predominantly Muslim ethnic groups by the
Government of the People's Republic of China in
the Xinjiang Uyghur Autonomous Region of China
(or comparable treatment of members of other
ethnic, religious, and political groups who
reside elsewhere in the People's Republic of
China);
``(ii) censorship, or another activity, by
the Chinese Communist Party, the Government of
the People's Republic of China, or
instrumentalities of the Government of the
People's Republic of China with respect to Hong
Kong that--
``(I) prohibits, limits, or
penalizes the exercise of freedom of
expression or assembly by citizens of
Hong Kong; or
``(II) limits access to free and
independent print, online, or broadcast
media; or
``(iii) the extrajudicial rendition,
arbitrary detention, or torture of any
individual in Hong Kong or other gross
violations of internationally recognized human
rights in Hong Kong;
``(B) support, legitimize, or recognize the
territorial claims of the Government of the People's
Republic of China in Taiwan, Tibet, Korea, the South
China Sea, the East China Sea, or another location in
which such a claim is contested;
``(C) express political advocacy in favor of the
Chinese Communist Party, the system of governance of
that Party, or any official of that Party; or
``(D) make a covered investment--
``(i) in partnership with the Belt and Road
Initiative of the Government of the People's
Republic of China; or
``(ii) in any entity (including a parent,
subsidiary, or affiliate of, or another entity
controlled by an entity) that is--
``(I)(aa) affiliated with the
Chinese Communist Party, the Government
of the People's Republic of China, or
instrumentalities of the Government of
the People's Republic of China; and
``(bb) involved in the development,
production, or sale of emerging or
foundational technology identified
pursuant to section 1758 of the Export
Controls Act of 2018 (50 U.S.C. 4817);
or
``(II) on the Entity List
maintained by the Bureau of Industry
and Security of the Department of
Commerce and set forth in Supplement
No. 4 to part 744 of title 15, Code of
Federal Regulations; and
``(2) an action described in paragraph (1) is made with
respect to a foreign official, or any foreign political party
or official thereof, if, among other reasons, the action is
taken in response to--
``(A) a request of any foreign official, or any
foreign political party or official thereof, as
applicable;
``(B) an injury or threat of injury, by means of
economic coercion, to the applicable issuer, or to an
officer, director, employee, or agent of the applicable
issuer, made by any foreign official or any foreign
political party or official thereof; or
``(C) a material action or announcement, including
with respect to policy, by the Chinese Communist Party,
the Government of the People's Republic of China, or
instrumentalities of the Government of the People's
Republic of China from which the action would
rationally follow.
``(i) Special Rules.--Notwithstanding any other provision of this
section, with respect to a violation of subsection (a) or (g) that is
based on an action taken corruptly as described in any of subparagraphs
(A) through (D) of subsection (h)(1)--
``(1) the affirmative defenses under subsection (c) shall
not be available;
``(2) it shall be an affirmative defense to actions under
subsection (a) or (g) that the payment, gift, offer, or promise
of anything of value that was made, as of the date on which it
was made, had a reasonable business purpose, which does not
include a purpose relating to--
``(A) advertising, marketing, or public relations;
or
``(B) entering into or obtaining any agreement,
license, permit, or other arrangement with respect to
market access to a jurisdiction of a government;
``(3) notwithstanding section 32--
``(A) only a penalty described in subsection
(c)(1)(B) or (c)(2)(B) of that section may apply with
respect to the violation; and
``(B) the minimum amount of the civil penalty
assessed for the violation shall be 3 times the amount
of the penalty described in subsection (c)(1)(B) or
(c)(2)(B) of that section, as applicable; and
``(4) in an action brought with respect to the violation,
evidence that the action taken by the applicable issuer (or the
officer, director, employee, or agent of the issuer, or
stockholder acting on behalf of such issuer) was directly or
indirectly inconsistent with the policies of the issuer,
including any representation to the Federal Government by the
issuer, shall be admissible to prove that the action taken by
the issuer (or officer, director, employee, agent, or
stockholder) was taken corruptly for the purposes of subsection
(a) or (g), as applicable.''.
(2) Rule of construction.--Nothing in subsection (h) of
section 30A of the Securities Exchange Act of 1934 (15 U.S.C.
78dd-1), as added by paragraph (1) of this subsection, may be
construed to expand the meaning of the term ``corruptly'', ``to
any foreign official'', or ``to any foreign political party or
official thereof'' for the purposes of such section 30A, except
for the clarification that the term includes an action that is
taken as described in paragraph (1) or (2) of such subsection
(h), as applicable.
(b) Domestic Concerns.--
(1) In general.--Section 104 of the Foreign Corrupt
Practices Act of 1977 (15 U.S.C. 78dd-2) is amended--
(A) in subsection (h), by adding at the end the
following:
``(6) The term `covered investment'--
``(A) means any direct or indirect contribution or
commitment of assets, including any--
``(i) acquisition of an equity interest or
convertible equity interest; or
``(ii) loan or other debt interest; and
``(B) does not include a transaction in goods or
services, or any related party transaction, with a
wholly owned subsidiary of an entity--
``(i) that is incorporated in a
jurisdiction of the United States; or
``(ii) the principal place of business of
which is in the United States.''; and
(B) by adding at the end the following:
``(j) Application.--For the purposes of this section--
``(1) an action that is taken corruptly includes an action
that serves to--
``(A) deny, obfuscate, or excuse that a third party
has committed, or assist a third party in committing--
``(i) the extrajudicial detainment,
subjection to forced labor, torture, and
political indoctrination of, and other severe
human rights abuses with respect to, Uyghurs,
Kazakhs, Kyrgyz, and members of other
predominantly Muslim ethnic groups by the
Government of the People's Republic of China in
the Xinjiang Uyghur Autonomous Region of China
(or comparable treatment of members of other
ethnic, religious, and political groups who
reside elsewhere in the People's Republic of
China);
``(ii) censorship, or another activity, by
the Chinese Communist Party, the Government of
the People's Republic of China, or
instrumentalities of the Government of the
People's Republic of China with respect to Hong
Kong that--
``(I) prohibits, limits, or
penalizes the exercise of freedom of
expression or assembly by citizens of
Hong Kong; or
``(II) limits access to free and
independent print, online, or broadcast
media; or
``(iii) the extrajudicial rendition,
arbitrary detention, or torture of any
individual in Hong Kong or other gross
violations of internationally recognized human
rights in Hong Kong;
``(B) support, legitimize, or recognize the
territorial claims of the Government of the People's
Republic of China in Taiwan, Tibet, Korea, the South
China Sea, the East China Sea, or another location in
which such a claim is contested;
``(C) express political advocacy in favor of the
Chinese Communist Party, the system of governance of
that Party, or any official of that Party; or
``(D) make a covered investment--
``(i) in partnership with the Belt and Road
Initiative of the Government of the People's
Republic of China; or
``(ii) in any entity (including a parent,
subsidiary, or affiliate of, or another entity
controlled by an entity) that is--
``(I)(aa) affiliated with the
Chinese Communist Party, the Government
of the People's Republic of China, or
instrumentalities of the Government of
the People's Republic of China; and
``(bb) involved in the development,
production, or sale of emerging or
foundational technology identified
pursuant to section 1758 of the Export
Controls Act of 2018 (50 U.S.C. 4817);
or
``(II) on the Entity List
maintained by the Bureau of Industry
and Security of the Department of
Commerce and set forth in Supplement
No. 4 to part 744 of title 15, Code of
Federal Regulations; and
``(2) an action described in paragraph (1) is made with
respect to a foreign official, or any foreign political party
or official thereof, if, among other reasons, the action is
taken in response to--
``(A) a request of any foreign official, or any
foreign political party or official thereof, as
applicable;
``(B) an injury or threat of injury, by means of
economic coercion, to the applicable domestic concern,
or to an officer, director, employee, or agent of the
applicable domestic concern, made by any foreign
official or any foreign political party or official
thereof; or
``(C) a material action or announcement, including
with respect to policy, by the Chinese Communist Party,
the Government of the People's Republic of China, or
instrumentalities of the Government of the People's
Republic of China from which the action would
rationally follow.
``(k) Special Rules.--Notwithstanding any other provision of this
section, with respect to a violation of subsection (a) or (i) that is
based on an action taken corruptly as described in any of subparagraphs
(A) through (D) of subsection (j)(1)--
``(1) the affirmative defenses under subsection (c) shall
not be available;
``(2) it shall be an affirmative defense to actions under
subsection (a) or (i) that the payment, gift, offer, or promise
of anything of value that was made, as of the date on which it
was made, had a reasonable business purpose, which does not
include a purpose relating to--
``(A) advertising, marketing, or public relations;
or
``(B) entering into or obtaining any agreement,
license, permit, or other arrangement with respect to
market access to a jurisdiction of a government;
``(3) notwithstanding any provision of subsection (g)--
``(A) only a penalty described in paragraph (1)(B)
or (2)(B) of that subsection may apply with respect to
the violation; and
``(B) the minimum amount of the civil penalty
assessed for the violation shall be 3 times the amount
of the penalty described in paragraph (1)(B) or (2)(B)
of that subsection, as applicable; and
``(4) in an action brought with respect to the violation,
evidence that the action taken by the applicable domestic
concern (or the officer, director, employee, or agent of the
domestic concern, or stockholder acting on behalf of such
domestic concern) was directly or indirectly inconsistent with
the policies of the domestic concern, including any
representation to the Federal Government by the domestic
concern, shall be admissible to prove that the action taken by
the domestic concern (or officer, director, employee, agent, or
stockholder) was taken corruptly for the purposes of subsection
(a) or (i), as applicable.''.
(2) Rule of construction.--Nothing in subsection (j) of
section 104 of the Foreign Corrupt Practices Act of 1977 (15
U.S.C. 78dd-2), as added by paragraph (1) of this subsection,
may be construed to expand the meaning of the term
``corruptly'', ``to any foreign official'', or ``to any foreign
political party or official thereof'' for the purposes of such
section 104, except for the clarification that the term
includes an action that is taken as described in paragraph (1)
or (2) of such subsection (j), as applicable.
(c) Persons Other Than Issuers or Domestic Concerns.--
(1) In general.--Section 104A of the Foreign Corrupt
Practices Act of 1977 (15 U.S.C. 78dd-3) is amended--
(A) in subsection (f), by adding at the end the
following:
``(6) The term `covered investment'--
``(A) means any direct or indirect contribution or
commitment of assets, including any--
``(i) acquisition of an equity interest or
convertible equity interest; or
``(ii) loan or other debt interest; and
``(B) does not include a transaction in goods or
services, or any related party transaction, with a
wholly owned subsidiary of an entity--
``(i) that is incorporated in a
jurisdiction of the United States; or
``(ii) the principal place of business of
which is in the United States.''; and
(B) by adding at the end the following:
``(g) Application.--For the purposes of this section--
``(1) an action that is taken corruptly includes an action
that serves to--
``(A) deny, obfuscate, or excuse that a third party
has committed, or assist a third party in committing--
``(i) the extrajudicial detainment,
subjection to forced labor, torture, and
political indoctrination of, and other severe
human rights abuses with respect to, Uyghurs,
Kazakhs, Kyrgyz, and members of other
predominantly Muslim ethnic groups by the
Government of the People's Republic of China in
the Xinjiang Uyghur Autonomous Region of China
(or comparable treatment of members of other
ethnic, religious, and political groups who
reside elsewhere in the People's Republic of
China);
``(ii) censorship, or another activity, by
the Chinese Communist Party, the Government of
the People's Republic of China, or
instrumentalities of the Government of the
People's Republic of China with respect to Hong
Kong that--
``(I) prohibits, limits, or
penalizes the exercise of freedom of
expression or assembly by citizens of
Hong Kong; or
``(II) limits access to free and
independent print, online, or broadcast
media; or
``(iii) the extrajudicial rendition,
arbitrary detention, or torture of any
individual in Hong Kong or other gross
violations of internationally recognized human
rights in Hong Kong;
``(B) support, legitimize, or recognize the
territorial claims of the Government of the People's
Republic of China in Taiwan, Tibet, Korea, the South
China Sea, the East China Sea, or another location in
which such a claim is contested;
``(C) express political advocacy in favor of the
Chinese Communist Party, the system of governance of
that Party, or any official of that Party; or
``(D) make a covered investment--
``(i) in partnership with the Belt and Road
Initiative of the Government of the People's
Republic of China; or
``(ii) in any entity (including a parent,
subsidiary, or affiliate of, or another entity
controlled by an entity) that is--
``(I)(aa) affiliated with the
Chinese Communist Party, the Government
of the People's Republic of China, or
instrumentalities of the Government of
the People's Republic of China; and
``(bb) involved in the development,
production, or sale of emerging or
foundational technology identified
pursuant to section 1758 of the Export
Controls Act of 2018 (50 U.S.C. 4817);
or
``(II) on the Entity List
maintained by the Bureau of Industry
and Security of the Department of
Commerce and set forth in Supplement
No. 4 to part 744 of title 15, Code of
Federal Regulations; and
``(2) an action described in paragraph (1) is made with
respect to a foreign official, or any foreign political party
or official thereof, if, among other reasons, the action is
taken in response to--
``(A) a request of any foreign official, or any
foreign political party or official thereof, as
applicable;
``(B) an injury or threat of injury, by means of
economic coercion, to the applicable person, or to an
officer, director, employee, or agent of the applicable
person, made by any foreign official or any foreign
political party or official thereof; or
``(C) a material action or announcement, including
with respect to policy, by the Chinese Communist Party,
the Government of the People's Republic of China, or
instrumentalities of the Government of the People's
Republic of China from which the action would
rationally follow.
``(h) Special Rules.--Notwithstanding any other provision of this
section, with respect to a violation of subsection (a) that is based on
an action taken corruptly as described in any of subparagraphs (A)
through (D) of subsection (g)(1)--
``(1) the affirmative defenses under subsection (c) shall
not be available;
``(2) it shall be an affirmative defense to actions under
subsection (a) that the payment, gift, offer, or promise of
anything of value that was made, as of the date on which it was
made, had a reasonable business purpose, which does not include
a purpose relating to--
``(A) advertising, marketing, or public relations;
or
``(B) entering into or obtaining any agreement,
license, permit, or other arrangement with respect to
market access to a jurisdiction of a government;
``(3) notwithstanding any provision of subsection (e)--
``(A) only a penalty described in paragraph (1)(B)
or (2)(B) of that subsection may apply with respect to
the violation; and
``(B) the minimum amount of the civil penalty
assessed for the violation shall be 3 times the amount
of the penalty described in paragraph (1)(B) or (2)(B)
of that subsection, as applicable; and
``(4) in an action brought with respect to the violation,
evidence that the action taken by the applicable person was
directly or indirectly inconsistent with the policies of the
person, including any representation to the Federal Government
by the person, shall be admissible to prove that the action
taken by the person was taken corruptly for the purposes of
subsection (a).''.
(2) Rule of construction.--Nothing in subsection (g) of
section 104A of the Foreign Corrupt Practices Act of 1977 (15
U.S.C. 78dd-3), as added by paragraph (1) of this subsection,
may be construed to expand the meaning of the term
``corruptly'', ``to any foreign official'', or ``to any foreign
political party or official thereof'' for the purposes of such
section 104A, except for the clarification that the term
includes an action that is taken as described in paragraph (1)
or (2) of such subsection (g), as applicable.
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