[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4548 Enrolled Bill (ENR)]
S.4548
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act
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.
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 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118-31) is repealed, and each provision of law amended by that section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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.