[Congressional Record Volume 170, Number 100 (Thursday, June 13, 2024)]
[Senate]
[Pages S4096-S4097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         FOREIGN EXTORTION PREVENTION TECHNICAL CORRECTIONS ACT

  Ms. CORTEZ MASTO. Madam President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. 4548 introduced 
earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 4548) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Ms. CORTEZ MASTO. I ask unanimous consent that the bill be considered 
read a third time and passed, and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 4548) was ordered to be engrossed for a third reading, 
was read the third time, and passed as follows:

                                S. 4548

       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

[[Page S4097]]

     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     repealed, and each provision of law amended by that section 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.''.

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