[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4548 Enrolled Bill (ENR)]

        S.4548

                     One Hundred Eighteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
         the third day of January, two thousand and twenty four


                                 An Act


 
To make a technical correction to the National Defense Authorization Act 
 for Fiscal Year 2024 by repealing section 5101 and enacting an updated 
            version of the Foreign Extortion Prevention Act.

    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 
Technical Corrections Act''.
SEC. 2. TECHNICAL CORRECTION TO 2024 NDAA.
    (a) Repeal of Previous Version of FEPA.--Section 5101 of the 
National Defense Authorization Act for Fiscal Year 2024 (Public Law 
118-31) is repealed, and each provision of law amended by that section 
is amended to read as it read on the day before the date of enactment 
of that Act.
    (b) Prohibition of Demand for Bribe.--
        (1) In general.--Chapter 63 of title 18, United States Code, is 
    amended by adding at the end the following:
``Sec. 1352. Demands by foreign officials for bribes
    ``(a) Definitions.--In this section:
        ``(1) Foreign official.--The term `foreign official' means--
            ``(A)(i) any official or employee of a foreign government 
        or any department, agency, or instrumentality thereof; or
            ``(ii) any senior foreign political figure, as defined in 
        section 1010.605 of title 31, Code of Federal Regulations, or 
        any successor regulation;
            ``(B) any official or employee of a public international 
        organization;
            ``(C) any person acting in an official capacity for or on 
        behalf of--
                ``(i) a government, department, agency, or 
            instrumentality described in subparagraph (A)(i); or
                ``(ii) a public international organization.
        ``(2) Public international organization.--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 the 
        order in the Federal Register.
    ``(b) Prohibition of Demand for a Bribe.--
        ``(1) Offense.--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 
    nongovernmental entity, by making use of the mails or any means or 
    instrumentality of interstate commerce--
            ``(A) from--
                ``(i) any person (as defined in section 104A of the 
            Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-3), 
            except that that definition shall be applied without regard 
            to whether the person is an offender) while the foreign 
            official or person selected to be a foreign official, or a 
            person acting on behalf of the foreign official or person 
            selected to be a foreign official, is in the territory of 
            the United States;
                ``(ii) an issuer (as defined in section 3(a) of the 
            Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), or any 
            officer, director, employee, or agent of an issuer or any 
            stockholder thereof acting on behalf of the issuer; or
                ``(iii) a domestic concern (as defined in section 104 
            of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 
            78dd-2)), or any officer, director, employee, or agent of a 
            domestic concern or any stockholder thereof acting on 
            behalf of the domestic concern; and
            ``(B) in return for--
                ``(i) being influenced in the performance of any act or 
            decision of the foreign official or person selected to be a 
            foreign official in the official capacity of the foreign 
            official or person selected to be a foreign official;
                ``(ii) being induced to do or omit to do any act in 
            violation of the lawful duty of the foreign official or 
            person selected to be a foreign official;
                ``(iii) conferring any improper advantage; or
                ``(iv) using the influence of the foreign official or 
            person selected to be a foreign official with a foreign 
            government or instrumentality thereof to affect or 
            influence any act or decision of that government or 
            instrumentality,
        in connection with obtaining or retaining business for or with, 
        or directing business to, any person.
        ``(2) Penalties.--Any person who violates paragraph (1) shall 
    be fined not more than $250,000 or 3 times the monetary equivalent 
    of the thing of value, imprisoned for not more than 15 years, or 
    both.
        ``(3) Jurisdiction.--An offense under paragraph (1) shall be 
    subject to extraterritorial Federal jurisdiction.
        ``(4) Report.--Not later than 1 year after the date of 
    enactment of this section, and annually thereafter, the Attorney 
    General, in consultation with the Secretary of State as relevant, 
    shall submit to the Committee on the Judiciary and the Committee on 
    Foreign Relations of the Senate and the Committee on the Judiciary 
    and the Committee on Foreign Affairs of the House of 
    Representatives, and post on the publicly available website of the 
    Department of Justice, a report--
            ``(A) focusing, in part, on demands by foreign officials 
        for bribes from entities domiciled or incorporated in the 
        United States, and the efforts of foreign governments to 
        prosecute such cases;
            ``(B) addressing United States diplomatic efforts to 
        protect entities domiciled or incorporated in the United States 
        from foreign bribery, and the effectiveness of those efforts in 
        protecting such entities;
            ``(C) summarizing major actions taken under this section in 
        the previous year, including enforcement actions taken and 
        penalties imposed;
            ``(D) evaluating the effectiveness of the Department of 
        Justice in enforcing this section; and
            ``(E) detailing what resources or legislative action the 
        Department of Justice needs to ensure adequate enforcement of 
        this section.
        ``(5) Rule of 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.''.
        (2) Technical and conforming amendment.--The table of sections 
    for chapter 63 of title 18, United States Code, is amended by 
    adding at the end the following:
``1352. Demands by foreign officials for bribes.''.


                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.