[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[Senate]
[Pages S3540-S3541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1036. Mr. WHITEHOUSE (for himself, Mr. Tillis, Mr. Blumenthal, and
Mr. Kennedy) 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 end of subtitle G of title X, add the following:
SEC. 1083. PROHIBITION OF DEMAND FOR BRIBE.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) 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; or
``(D) any person acting in an unofficial capacity for or on
behalf of--
``(i) a government, department, agency, or instrumentality
described in subparagraph (A)(i); or
``(ii) a public international organization; and
``(5) 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 such order in the Federal Register.''; and
(2) by adding at the end the following:
``(f) 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, from 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 in the
territory of the United States, from an issuer (as defined in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))), or from a domestic concern (as defined in
section 104 of the Foreign Corrupt Practices Act of 1977 (15
U.S.C. 78dd-2)), in return for--
``(A) being influenced in the performance of any official
act;
``(B) being induced to do or omit to do any act in
violation of the official duty of such foreign official or
person; or
``(C) conferring any improper advantage,
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 the Foreign Extortion Prevention Act, and
annually thereafter, the Attorney General, in consultation
with the Secretary of State as relevant, shall submit to the
Committee on the Judiciary
[[Page S3541]]
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.''.
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