[118th Congress Public Law 78]
[From the U.S. Government Publishing Office]



[[Page 1511]]

         FOREIGN EXTORTION PREVENTION TECHNICAL CORRECTIONS ACT

[[Page 138 STAT. 1512]]

Public Law 118-78
118th Congress

                                 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 <<NOTE: July 30, 
                          2024 -  [S. 4548]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Foreign 
Extortion Prevention Technical Corrections Act.>> 
SECTION <<NOTE: 18 USC 1 note.>>  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) <<NOTE: 18 USC 201.>>  is repealed, and each provision of law 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 <<NOTE: 18 
                  USC 1352.>> 

    ``(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) <<NOTE: Effective date.>>  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.

[[Page 138 STAT. 1513]]

    ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Time period. Public information. Web 
        posting.>>  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--

[[Page 138 STAT. 1514]]

                    ``(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) <<NOTE: Summary. Time period.>>  summarizing 
                major actions taken under this section in the previous 
                year, including enforcement actions taken and penalties 
                imposed;
                    ``(D) <<NOTE: Evaluation.>>  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, <<NOTE: 18 USC prec. 
        1341.>> United States Code, is amended by adding at the end the 
        following:

``1352. Demands by foreign officials for bribes.''.

    Approved July 30, 2024.

LEGISLATIVE HISTORY--S. 4548:
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CONGRESSIONAL RECORD, Vol. 170 (2024):
            June 13, considered and passed Senate.
            July 22, considered and passed House.

                                  <all>