,,ii #aagth ,,congress #ast ,session ,s4 #cacg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #b1 #bjba,mr4 ,whitehouse 7for himself and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit a foreign official from demanding a bribe1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,foreign ,extortion ,prevention ,act4 #b4 ,prohibition of demand for bribe ,section #bja of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#d7 the term foreign official means-- 7,a7 any official or employee of a foreign government or any department1 agency1 or instrumentality thereof2 7,b7 any official or employee of a public international organization2 7,c7 any person acting in an official capacity for or on behalf of any such government or department1 agency1 or instrumentality1 or for or on behalf of any such public international organization2 or 7,d7 any person acting in an unofficial capacity for or on behalf of and with authorization from any such government or department1 agency1 or instrumentality1 or for or on behalf of and with authorization from any such public international organization2 and 7#e7 the term public international organization means-- 7,a7 an organization that is designated by ,executive order pursuant to section #a of the ,international ,organizations ,immunities ,act 7#bb ,u4,s4,c4 #bhh72 or 7,b7 any other international organization that is designated by the ,president by ,executive order for the purposes of this section1 effective as of the date of publication of such order in the ,federal ,register4 2 and 7#b7 by adding at the end the following3 7f7 ,prohibition of demand for a bribe 7#a7 ,offense ,it shall be unlawful for any foreign official or person selected to be a foreign official to corruptly demand1 seek1 receive1 accept1 or agree to receive or accept1 directly or indirectly1 anything of value personally or for any other person or non-governmental entity1 in or affecting interstate commerce1 in return for-- 7,a7 being influenced in the performance of any official act2 7,b7 being induced to do or omit to do any act in violation of the official duty of such official or person2 or 7,c7 conferring any improper advantage1 in connection with obtaining or retaining business for or with1 or directing business to1 any person4 7#b7 ,penalties ,any person who violates paragraph 7#a7 shall be fined not more than #bej1jjj or #c times the monetary equivalent of the thing of value1 imprisoned for not more than #ae years1 or both4 7#c7 ,transfer ,except for costs related to the administration and enforcement of the ,foreign ,extortion ,prevention ,act1 all fines and penalties imposed against a person under paragraph 7#b71 whether pursuant to a criminal prosecution1 enforcement proceeding1 deferred prosecution agreement1 non-prosecution agreement1 a declination to prosecute or enforce1 a civil penalty1 or any other resolution1 shall be deposited in the ,victims of ,kleptocracy ,fund established under paragraph 7#g74 7#d7 ,jurisdiction ,an offense under paragraph 7#a7 shall be subject to extraterritorial ,federal jurisdiction4 7#e7 ,report ,not later than #a year after the date of enactment of the ,foreign ,extortion ,prevention ,act1 and annually thereafter1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate1 and post on the publicly available website of the ,department of ,justice1 a report-- 7,a7 providing an overview of the scale and nature of bribery involving foreign officials1 including an analysis of where these crimes are most likely to be committed2 7,b7 focusing1 in part1 on demands by foreign officials for bribes from ,united ,states domiciled or incorporated entities1 and the efforts of foreign governments to prosecute such cases2 7,c7 addressing ,united ,states diplomatic efforts to protect ,united ,states domiciled or incorporated entities from foreign bribery1 and the effectiveness of those efforts in protecting such entities2 7,d7 summarizing major actions taken under this section in the previous year1 including enforcement actions taken and penalties imposed2 7,e7 evaluating the effectiveness of the ,department of ,justice in enforcing this section2 7,f7 detailing what resources or legislative action the ,department of ,justice need to ensure adequate enforcement of this section2 and 7,g7 studying the efficacy of mutual legal assistance treaties and how they can be improved or built upon in multilateral fora1 including the identification of legal and policy issues that are delaying prompt responses4 7#f7 ,annual publication of ,mutual ,legal ,assistance ,treaty data ,not later than #a year after the date of enactment of the ,foreign ,extortion ,prevention ,act1 and annually thereafter1 the ,attorney ,general shall publish on the website of the ,department of ,justice-- 7,a7 the number of requests for mutual legal assistance made to the ,department of ,justice from foreign governments during the preceding year2 7,b7 the number of requests for mutual legal assistance returned for noncompliance during the preceding year2 7,c7 the reason or reasons each request for mutual legal assistance returned for noncompliance was so returned2 7,d7 the number of requests for mutual legal assistance processed by the ,department of ,justice during the preceding year2 7,e7 the median length of time taken to process a request for mutual legal assistance by the ,department of ,justice2 7,f7 the number of requests for mutual legal assistance that have been pending or not completely fulfilled within #f months of receipt and the number of requests for mutual legal assistance that have been pending or not completely fulfilled within one year or longer of receipt2 and 7,g7 the number of outreach efforts by the ,department of ,justice to explain how foreign countries can receive mutual legal assistance4 7#g7 ,victims of ,kleptocracy ,fund 7,a7 ,in general ,there is established in the ,united ,states ,treasury a fund to be known as the ,victims of ,kleptocracy ,fund4 7,b7 ,availability of amounts ,amounts deposited into the ,victims of ,kleptocracy ,fund in accordance with paragraph 7#c7 or any other provision of law shall be available to the ,attorney ,general1 without fiscal year limitation or need for subsequent appropriation1 only for the purposes of-- 7i7 the ,international ,criminal ,investigative ,training ,assistance ,program2 7ii7 the ,kleptocracy ,asset ,recovery ,initiative2 7iii7 the ,office of ,overseas ,prosecutorial ,development1 ,assistance1 and ,training2 and 7iv7 the ,office of ,international ,affairs1 including for the hiring of personnel to speed processing of requests for mutual legal assistance4 7#h7 ,rule of construction ,this subsection shall not be construed as encompassing conduct that would violate section #cj;,a of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;dd-#a7 or section #ajd or #ajd;,a of the ,foreign ,corrupt ,practices ,act of #aigg 7#ae ,u4,s4,c4 #gh;dd-#b2 #ae ,u4,s4,c4 #gh;dd-#c7 whether pursuant to a theory of direct liability1 conspiracy1 complicity1 or otherwise4 4