,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #aedi  ,,in ,,the ,,house ,,of  
,,representatives  ,march #ae1 #bjag,mr4
 ,perlmutter introduced the following   
bill2 which was referred to the         
,committee on ,energy and ,commerce1 and
 in addition to the ,committees on the  
,judiciary1 and ,financial ,services1   
for a period to be subsequently         
determined by the ,speaker1 in each case
 for consideration of such provisions as
 fall within the jurisdiction of the    
committee concerned  ,a ,,bill  ,to     
authorize certain private rights of     
action under the ,foreign ,corrupt      
,practices ,act of #aigg for violations 
that damage certain businesses1 and for 
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,foreign       
,business ,bribery ,prohibition ,act of 
#bjag4  #b4 ,actions authorized  7a7    
,prohibited foreign practices by        
domestic concerns ,section #ajd of the  
,foreign ,corrupt ,practices ,act of    
#aigg 7#ae ,u4,s4,c4 #gh;dd-#b7 is      

amended by adding at the end the        
following3  7j7 ,private right of action
 authorized  7#a7 ,authorized plaintiffs
 ,any person that violates subsection   
7a7 shall be liable in an action brought
 in accordance with this subsection in  
any court of competent jurisdiction to  
any issuer that is subject to section   
#cj;,a of the ,securities ,exchange ,act
 of #aicd1 domestic concern that is     
subject to this section1 or other person
 that is a ,united ,states person1 that 
is damaged by the violation of          
subsection 7a7 of this section1 for     
damages caused to such issuer1 domestic 
concern1 or other person by the         
violation4  7#b7 ,proof of damages ,for 
purposes of this subsection1 the court  
may not find for the plaintiff in an    
action under this subsection unless the 
plaintiff alleges and proves that--     
7,a7 the defendant violated subsection  
7a72 and  7,b7 the defendant's violation
 of subsection 7a7--  7i7 prevented the 
plaintiff from obtaining or retaining   

business for or with any person2 and    
7ii7 assisted the defendant in obtaining
 or retaining such business4  7#c7      
,measure of damages  7,a7 ,in general   
,the damages that a plaintiff may obtain
 in an action under this subsection may 
be equal to the higher of the two       
following amounts that are established  
by the plaintiff's allegations and      
proof3  7i7 ,the total amount of the    
contract or agreement that the defendant
 gained in obtaining or retaining       
business by means of the violation of   
subsection 7a74  7ii7 ,the total amount 
of the contract or agreement that the   
plaintiff failed to gain because of the 
defendant's obtaining or retaining      
business by means of the violation of   
subsection 7a74  7,b7 ,treble damages   
,in assessing damages under subparagraph
 7,a71 the court shall enter judgment   
for three times the amount determined   
under clause 7i7 or 7ii7 of such        
subparagraph 7whichever is greater71    
together with a reasonable attorney's   

fee and costs1 for the violation of     
subsection 7a74  7#d7 ,exception for    
,routine ,governmental ,action ,the     
exception in subsection 7b7 shall apply 
to an action under this subsection4     
7#e7 ,affirmative ,defenses ,the        
affirmative defenses in subsection 7c7  
shall apply to an action under this     
subsection4  7#f7 ,contribution ,each   
person who becomes liable to make       
payment under this subsection may       
recover contribution as in cases of     
contract from any person who1 if joined 
in the original suit1 would have been   
liable to make the same payment4  7#g7  
,statute of limitations ,no action may  
be maintained to enforce any liability  
created under this subsection unless    
brought within #c years after the       
discovery of the facts constituting the 
cause of action and within #f years     
after the cause of action accrued4  7#h7
 ,united ,states person defined ,in this
 subsection1 the term ,united ,states   
person has the meaning given that term  

in subsection 7i77#b74  4  7b7          
,prohibited foreign practices by other  
persons ,section #ajd;,a of the ,foreign
 ,corrupt ,practices ,act of #aigg 7#ae 
,u4,s4,c4 #gh;dd-#c7 is amended--  7#a7 
by redesignating subsection 7f7 as      
subsection 7g72 and  7#b7 by inserting  
after subsection 7e7 the following3  7f7
 ,private right of action authorized    
7#a7 ,authorized plaintiffs ,any person 
that violates subsection 7a7 shall be   
liable in an action brought in          
accordance with this subsection in any  
court of competent jurisdiction to any  
issuer that is subject to section #cj;,a
 of the ,securities ,exchange ,act of   
#aicd1 domestic concern that is subject 
to section #ajd of this ,act1 or other  
person that is a ,united ,states person1
 that is damaged by the violation of    
subsection 7a7 of this section1 for     
damages caused to such issuer1 domestic 
concern1 or other person by the         
violation4  7#b7 ,proof of damages ,for 
purposes of this subsection1 the court  

may not find for the plaintiff in an    
action under this subsection unless the 
plaintiff alleges and proves that--     
7,a7 the defendant violated subsection  
7a72 and  7,b7 the defendant's violation
 of subsection 7a7--  7i7 prevented the 
plaintiff from obtaining or retaining   
business for or with any person2 and    
7ii7 assisted the defendant in obtaining
 or retaining such business4  7#c7      
,measure of damages  7,a7 ,in general   
,the damages that a plaintiff may obtain
 in an action under this subsection may 
be equal to the higher of the two       
following amounts that are established  
by the plaintiff's allegations and      
proof3  7i7 ,the total amount of the    
contract or agreement that the defendant
 gained in obtaining or retaining       
business by means of the violation of   
subsection 7a74  7ii7 ,the total amount 
of the contract or agreement that the   
plaintiff failed to gain because of the 
defendant's obtaining or retaining      
business by means of the violation of   

subsection 7a74  7,b7 ,treble damages   
,in assessing damages under subparagraph
 7,a71 the court shall enter judgment   
for three times the amount determined   
under clause 7i7 or 7ii7 of such        
subparagraph 7whichever is greater71    
together with a reasonable attorney's   
fee and costs1 for the violation of     
subsection 7a74  7#d7 ,exception for    
,routine ,governmental ,action ,the     
exception in subsection 7b7 shall apply 
to an action under this subsection4     
7#e7 ,affirmative ,defenses ,the        
affirmative defenses in subsection 7c7  
shall apply to an action under this     
subsection4  7#f7 ,contribution ,each   
person who becomes liable to make       
payment under this subsection may       
recover contribution as in cases of     
contract from any person who1 if joined 
in the original suit1 would have been   
liable to make the same payment4  7#g7  
,statute of limitations ,no action may  
be maintained to enforce any liability  
created under this subsection unless    

brought within #c years after the       
discovery of the facts constituting the 
cause of action and within #f years     
after the cause of action accrued4  7#h7
 ,united ,states person defined ,in this
 subsection1 the term ,united ,states   
person has the meaning given that term  
in subsection 7i77#b74  4  7c7          
,prohibited foreign practices by issuers
 ,section #cj;,a of the ,securities     
,exchange ,act of #aicd 7#ae ,u4,s4,c4  
#gh;dd-#a7 is amended by adding at the  
end the following3  7h7 ,private right  
of action authorized  7#a7 ,authorized  
plaintiffs ,any person that violates    
subsection 7a7 shall be liable in an    
action brought in accordance with this  
subsection in any court of competent    
jurisdiction to any issuer that is      
subject to this section1 domestic       
concern that is subject to section #ajd 
of the ,foreign ,corrupt ,practices ,act
 of #aigg 7#ae ,u4,s4,c4 #gh;dd-#b71 or 
other person that is a ,united ,states  
person1 that is damaged by the violation

 of subsection 7a7 of this section1 for 
damages caused to such issuer1 domestic 
concern1 or other person by the         
violation4  7#b7 ,proof of damages ,for 
purposes of this subsection1 the court  
may not find for the plaintiff in an    
action under this subsection unless the 
plaintiff alleges and proves that--     
7,a7 the defendant violated subsection  
7a72 and  7,b7 the defendant's violation
 of subsection 7a7--  7i7 prevented the 
plaintiff from obtaining or retaining   
business for or with any person2 and    
7ii7 assisted the defendant in obtaining
 or retaining such business4  7#c7      
,measure of damages  7,a7 ,in general   
,the damages that a plaintiff may obtain
 in an action under this subsection may 
be equal to the higher of the two       
following amounts that are established  
by the plaintiff's allegations and      
proof3  7i7 ,the total amount of the    
contract or agreement that the defendant
 gained in obtaining or retaining       
business by means of the violation of   

subsection 7a74  7ii7 ,the total amount 
of the contract or agreement that the   
plaintiff failed to gain because of the 
defendant's obtaining or retaining      
business by means of the violation of   
subsection 7a74  7,b7 ,treble damages   
,in assessing damages under subparagraph
 7,a71 the court shall enter judgment   
for three times the amount determined   
under clause 7i7 or 7ii7 of such        
subparagraph 7whichever is greater71    
together with a reasonable attorney's   
fee and costs1 for the violation of     
subsection 7a74  7#d7 ,exception for    
,routine ,governmental ,action ,the     
exception in subsection 7b7 shall apply 
to an action under this subsection4     
7#e7 ,affirmative ,defenses ,the        
affirmative defenses in subsection 7c7  
shall apply to an action under this     
subsection4  7#f7 ,contribution ,each   
person who becomes liable to make       
payment under this subsection may       
recover contribution as in cases of     
contract from any person who1 if joined 

in the original suit1 would have been   
liable to make the same payment4  7#g7  
,statute of limitations ,no action shall
 be maintained to enforce any liability 
created under this subsection unless    
brought within #c years after the       
discovery of the facts constituting the 
cause of action and within #f years     
after the cause of action accrued4  7#h7
 ,united ,states person defined ,in this
 subsection1 the term ,united ,states   
person has the meaning given that term  
in subsection 7g77#b74  4  #c4          
,effective date ,the amendments made by 
this ,act shall take effect on the date 
of the enactment of this ,act and shall 
apply to causes of action accruing on or
 after such date of enactment4