S-4548 : Became Public Law

Public Law 118-78, also known as the Foreign Extortion Prevention Technical Corrections Act, was enacted on July 30, 2024. The primary purpose of this law is to amend the National Defense Authorization Act for Fiscal Year 2024 by repealing section 5101 and enacting an updated version of the Foreign Extortion Prevention Act.

Key provisions of the law include:

• Repeal and Re-enactment: Repeals the previous version of the Foreign Extortion Prevention Act (FEPA) as it was included in the National Defense Authorization Act for Fiscal Year 2024, and re-enacts an updated version.
• Prohibition of Demand for Bribes: Adds a new section (§ 1352) to Chapter 63 of Title 18 of the United States Code, which addresses demands by foreign officials for bribes.
  • Defines "foreign official" and "public international organization."
  • Makes it unlawful for any foreign official to corruptly demand, seek, receive, or accept anything of value in return for being influenced in their official capacity to obtain or retain business.
  • Specifies penalties for violations, including fines up to $250,000 or three times the monetary equivalent of the thing of value, imprisonment for up to 15 years, or both.
  • Establishes extraterritorial Federal jurisdiction for offenses under this section.
• Reporting Requirement: Mandates the Attorney General, in consultation with the Secretary of State, to submit an annual report to the relevant committees of the Senate and the House of Representatives.
  • The report should focus on demands by foreign officials for bribes from entities domiciled or incorporated in the United States.
  • It will address diplomatic efforts to protect these entities from foreign bribery.
  • It summarizes major actions taken under this section, evaluates the effectiveness of the Department of Justice in enforcing this section, and details what resources or legislative action the Department of Justice needs to ensure adequate enforcement of this section.
• Rule of Construction: Clarifies that this subsection shall not be construed as encompassing conduct that would violate section 30A of the Securities Exchange Act of 1934 or section 104 or 104A of the Foreign Corrupt Practices Act of 1977.

In summary, Public Law 118-78 aims to combat foreign corruption by penalizing foreign officials who demand bribes from U.S. entities and individuals, while also ensuring transparency through regular reporting on enforcement efforts.