[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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