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118-s-4548118th Congress

Foreign Extortion Prevention Technical Corrections Act

Sponsored By: Senator Whitehouse, Sheldon [D-RI]

Became Law

Summary

This law restores the earlier Foreign Extortion Prevention Act and makes it a federal crime when a foreign official corruptly demands bribes. It also adds Section 1352 to Title 18 to define who counts as a foreign official, what conduct is prohibited, the penalties, jurisdiction, and annual reporting rules.

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  • U.S. businesses and investors: The statute bars corrupt demands for anything of value directed at U.S. persons, issuers, or domestic concerns in connection with obtaining or keeping business. Violators face fines up to $250,000 or three times the value involved and up to 15 years in prison.
  • Foreign officials and agents: "Foreign official" is defined broadly to include foreign government employees, senior political figures, officials of public international organizations, and people acting in an official capacity, exposing them to U.S. criminal liability for corrupt demands abroad.
  • Justice Department and diplomacy: The Attorney General, consulting the Secretary of State, must report within one year and then annually on bribery demands, prosecutions, U.S. diplomatic protection efforts, enforcement actions, effectiveness, and any resource or legislative needs, and post the report on the DOJ website.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Protects U.S. people and businesses from foreign bribe demands

The law makes it a federal crime for a foreign official, or someone picked to be one, to demand or accept a bribe from U.S. people or businesses. It covers demands sent by mail or other interstate means and includes officials of foreign governments and international organizations. Penalties can be up to $250,000 or three times the bribe’s value, up to 15 years in prison, or both. The rule has extraterritorial reach and is now in effect. The Attorney General must post a public report within 1 year of enactment and every year after. The act also repeals a prior NDAA section and restores earlier FEPA text to its prior form.

Sponsors & CoSponsors

Sponsor

Whitehouse, Sheldon [D-RI]

RI • D

Cosponsors

  • Sen. Tillis, Thomas [R-NC]

    NC • R

    Sponsored 6/13/2024

Roll Call Votes

No roll call votes available for this bill.

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