[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repealed, and each provision of law amended by that section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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