[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 is repealed, and each provision of law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>
Public Law 118 - 78 - Foreign Extortion Prevention Technical Corrections Act
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Publish Date: Aug 14, 2024
Scanned and Processed on: Sep 23, 2024
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