[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3069-S3072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 891. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. COUNTERING CORPORATE CORRUPTION IN THE PEOPLE'S
REPUBLIC OF CHINA.
(a) 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 subsection 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
subsection 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 subsection 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
[[Page S3070]]
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 subsection 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 section, and the amendments
made by this section, 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 section
and the amendments made by this section; 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.
(b) Amendments Regarding Prohibited Foreign Trade
Practices.--
(1) Issuers.--
(A) In general.--Section 30A of the Securities Exchange Act
of 1934 (15 U.S.C. 78dd-1) is amended--
(i) 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
(ii) 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.''.
(B) 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 subparagraph (A) of this paragraph, 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.
(2) Domestic concerns.--
(A) In general.--Section 104 of the Foreign Corrupt
Practices Act of 1977 (15 U.S.C. 78dd-2) is amended--
(i) in subsection (h), by adding at the end the following:
``(6) The term `covered investment'--
[[Page S3071]]
``(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
(ii) 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.''.
(B) 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 subparagraph (A) of this
paragraph, 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.
(3) Persons other than issuers or domestic concerns.--
(A) In general.--Section 104A of the Foreign Corrupt
Practices Act of 1977 (15 U.S.C. 78dd-3) is amended--
(i) 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
(ii) 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;
[[Page S3072]]
``(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).''.
(B) 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 subparagraph (A) of this
paragraph, 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.
______