II
118THCONGRESS
2
DSESSION 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.
IN THE SENATE OF THE UNITED STATES
JUNE13, 2024
Mr. W
HITEHOUSE(for himself and Mr. TILLIS) introduced the following bill;
which was read twice, considered, read the third time, and passed
A BILL
To make a technical correction to the National Defense Au-
thorization 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Foreign Extortion Pre-4
vention Technical Corrections Act’’. 5
SEC. 2. TECHNICAL CORRECTION TO 2024 NDAA. 6
(a) R
EPEAL OFPREVIOUSVERSION OFFEPA.—Sec-7
tion 5101 of the National Defense Authorization Act for 8
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Fiscal Year 2024 (Public Law 118–31) is repealed, and 1
each provision of law amended by that section is amended 2
to read as it read on the day before the date of enactment 3
of that Act. 4
(b) P
ROHIBITION OFDEMAND FORBRIBE.— 5
(1) I
N GENERAL.—Chapter 63 of title 18, 6
United States Code, is amended by adding at the 7
end the following: 8
‘‘§ 1352. Demands by foreign officials for bribes 9
‘‘(a) D
EFINITIONS.—In this section: 10
‘‘(1) F
OREIGN OFFICIAL.—The term ‘foreign 11
official’ means— 12
‘‘(A)(i) any official or employee of a for-13
eign government or any department, agency, or 14
instrumentality thereof; or 15
‘‘(ii) any senior foreign political figure, as 16
defined in section 1010.605 of title 31, Code of 17
Federal Regulations, or any successor regula-18
tion; 19
‘‘(B) any official or employee of a public 20
international organization; 21
‘‘(C) any person acting in an official ca-22
pacity for or on behalf of— 23
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‘‘(i) a government, department, agen-1
cy, or instrumentality described in sub-2
paragraph (A)(i); or 3
‘‘(ii) a public international organiza-4
tion. 5
‘‘(2) P
UBLIC INTERNATIONAL ORGANIZATION .— 6
The term ‘public international organization’ 7
means— 8
‘‘(A) an organization that is designated by 9
Executive order pursuant to section 1 of the 10
International Organizations Immunities Act (22 11
U.S.C. 288); or 12
‘‘(B) any other international organization 13
that is designated by the President by Execu-14
tive order for the purposes of this section, effec-15
tive as of the date of publication of the order 16
in the Federal Register. 17
‘‘(b) P
ROHIBITION OFDEMAND FOR ABRIBE.— 18
‘‘(1) O
FFENSE.—It shall be unlawful for any 19
foreign official or person selected to be a foreign of-20
ficial to corruptly demand, seek, receive, accept, or 21
agree to receive or accept, directly or indirectly, any-22
thing of value personally or for any other person or 23
nongovernmental entity, by making use of the mails 24
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or any means or instrumentality of interstate com-1
merce— 2
‘‘(A) from— 3
‘‘(i) any person (as defined in section 4
104A of the Foreign Corrupt Practices Act 5
of 1977 (15 U.S.C. 78dd–3), except that 6
that definition shall be applied without re-7
gard to whether the person is an offender) 8
while the foreign official or person selected 9
to be a foreign official, or a person acting 10
on behalf of the foreign official or person 11
selected to be a foreign official, is in the 12
territory of the United States; 13
‘‘(ii) an issuer (as defined in section 14
3(a) of the Securities Exchange Act of 15
1934 (15 U.S.C. 78c(a))), or any officer, 16
director, employee, or agent of an issuer or 17
any stockholder thereof acting on behalf of 18
the issuer; or 19
‘‘(iii) a domestic concern (as defined 20
in section 104 of the Foreign Corrupt 21
Practices Act of 1977 (15 U.S.C. 78dd– 22
2)), or any officer, director, employee, or 23
agent of a domestic concern or any stock-24
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holder thereof acting on behalf of the do-1
mestic concern; and 2
‘‘(B) in return for— 3
‘‘(i) being influenced in the perform-4
ance of any act or decision of the foreign 5
official or person selected to be a foreign 6
official in the official capacity of the for-7
eign official or person selected to be a for-8
eign official; 9
‘‘(ii) being induced to do or omit to do 10
any act in violation of the lawful duty of 11
the foreign official or person selected to be 12
a foreign official; 13
‘‘(iii) conferring any improper advan-14
tage; or 15
‘‘(iv) using the influence of the foreign 16
official or person selected to be a foreign 17
official with a foreign government or in-18
strumentality thereof to affect or influence 19
any act or decision of that government or 20
instrumentality, 21
in connection with obtaining or retaining busi-22
ness for or with, or directing business to, any 23
person. 24
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‘‘(2) PENALTIES.—Any person who violates 1
paragraph (1) shall be fined not more than 2
$250,000 or 3 times the monetary equivalent of the 3
thing of value, imprisoned for not more than 15 4
years, or both. 5
‘‘(3) J
URISDICTION.—An offense under para-6
graph (1) shall be subject to extraterritorial Federal 7
jurisdiction. 8
‘‘(4) R
EPORT.—Not later than 1 year after the 9
date of enactment of this section, and annually 10
thereafter, the Attorney General, in consultation 11
with the Secretary of State as relevant, shall submit 12
to the Committee on the Judiciary and the Com-13
mittee on Foreign Relations of the Senate and the 14
Committee on the Judiciary and the Committee on 15
Foreign Affairs of the House of Representatives, 16
and post on the publicly available website of the De-17
partment of Justice, a report— 18
‘‘(A) focusing, in part, on demands by for-19
eign officials for bribes from entities domiciled 20
or incorporated in the United States, and the 21
efforts of foreign governments to prosecute such 22
cases; 23
‘‘(B) addressing United States diplomatic 24
efforts to protect entities domiciled or incor-25
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porated in the United States from foreign brib-1
ery, and the effectiveness of those efforts in 2
protecting such entities; 3
‘‘(C) summarizing major actions taken 4
under this section in the previous year, includ-5
ing enforcement actions taken and penalties im-6
posed; 7
‘‘(D) evaluating the effectiveness of the 8
Department of Justice in enforcing this section; 9
and 10
‘‘(E) detailing what resources or legislative 11
action the Department of Justice needs to en-12
sure adequate enforcement of this section. 13
‘‘(5) R
ULE OF CONSTRUCTION .—This sub-14
section shall not be construed as encompassing con-15
duct that would violate section 30A of the Securities 16
Exchange Act of 1934 (15 U.S.C. 78dd–1) or sec-17
tion 104 or 104A of the Foreign Corrupt Practices 18
Act of 1977 (15 U.S.C. 78dd–2; 15 U.S.C. 78dd– 19
3) whether pursuant to a theory of direct liability, 20
conspiracy, complicity, or otherwise.’’. 21
(2) T
ECHNICAL AND CONFORMING AMEND -22
MENT.—The table of sections for chapter 63 of title 23
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18, United States Code, is amended by adding at 1
the end the following: 2
‘‘1352. Demands by foreign officials for bribes.’’.
Æ
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