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 PREVIOUSVERSION 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(Public Law 118–31) is repealed, and each provision of law amended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) P
ROHIBITION OFDEMAND FORBRIBE.—
(1) I
N GENERAL.—Chapter 63 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 1352. Demands by foreign officials for bribes
‘‘(a) D
EFINITIONS.—In this section:
‘‘(1) F
OREIGN 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) P
UBLIC INTERNATIONAL ORGANIZATION .—The term
‘public international organization’ means—
‘‘(A) an organization that is designated by Executive
order pursuant to section 1 of the International Organiza-
tions Immunities Act (22 U.S.C. 288); or
‘‘(B) any other international organization that is des-
ignated by the President by Executive order for the pur-
poses of this section, effective as of the date of publication
of the order in the Federal Register. S. 4548—2
‘‘(b) P
ROHIBITION OFDEMAND FOR ABRIBE.—
‘‘(1) O
FFENSE.—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) P
ENALTIES.—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) J
URISDICTION.—An offense under paragraph (1) shall
be subject to extraterritorial Federal jurisdiction.
‘‘(4) R
EPORT.—Not later than 1 year after the date of enact-
ment 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 Com-
mittee 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— S. 4548—3
‘‘(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 pro-
tect 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 sec-
tion 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 enforce-
ment of this section.
‘‘(5) R
ULE OF CONSTRUCTION .—This subsection shall not
be construed as encompassing conduct that would violate sec-
tion 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) T
ECHNICAL 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.