#aahth ,,congress #b;d ,session ,s4 #dedh ,,an ,,act ,to make a technical correction to the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbd by repealing section #eaja and enacting an updated version of the ,foreign ,extortion ,prevention ,act4 #a4 ,short title ,this ,act may be cited as the ,foreign ,extortion ,prevention ,technical ,corrections ,act4 #b4 ,technical correction to #bjbd ,,ndaa 7a7 ,repeal of previous version of ,,fepa ,section #eaja of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbd 7,public ,law #aah-ca7 is repealed1 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 ,act4 7b7 ,prohibition of demand for bribe 7#a7 ,in general ,chapter #fc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aceb4 ,demands by foreign officials for bribes 7a7 ,definitions ,in this section3 7#a7 ,foreign official ,the term foreign official means-- 7,a7 7i7 any official or employee of a foreign government or any department1 agency1 or instrumentality thereof2 or 7ii7 any senior foreign political figure1 as defined in section #ajaj4fje of title #ca1 ,code of ,federal ,regulations1 or any successor regulation2 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-- 7i7 a government1 department1 agency1 or instrumentality described in subparagraph 7,a77i72 or 7ii7 a public international organization4 7#b7 ,public international organization ,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 the order in the ,federal ,register4 7b7 ,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 nongovernmental entity1 by making use of the mails or any means or instrumentality of interstate commerce-- 7,a7 from-- 7i7 any person 7as defined in section #ajd;,a of the ,foreign ,corrupt ,practices ,act of #aigg 7#ae ,u4,s4,c4 #gh;dd-#c71 except that that definition shall be applied without regard to whether the person is an offender7 while the foreign official or person selected to be a foreign official1 or a person acting on behalf of the foreign official or person selected to be a foreign official1 is in the territory of the ,united ,states2 7ii7 an issuer 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7771 or any officer1 director1 employee1 or agent of an issuer or any stockholder thereof acting on behalf of the issuer2 or 7iii7 a domestic concern 7as defined in section #ajd of the ,foreign ,corrupt ,practices ,act of #aigg 7#ae ,u4,s4,c4 #gh;dd-#b771 or any officer1 director1 employee1 or agent of a domestic concern or any stockholder thereof acting on behalf of the domestic concern2 and 7,b7 in return for-- 7i7 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 official2 7ii7 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 official2 7iii7 conferring any improper advantage2 or 7iv7 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 instrumentality1 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 ,jurisdiction ,an offense under paragraph 7#a7 shall be subject to extraterritorial ,federal jurisdiction4 7#d7 ,report ,not later than #a year after the date of enactment of this section1 and annually thereafter1 the ,attorney ,general1 in consultation with the ,secretary of ,state as relevant1 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 ,representatives1 and post on the publicly available website of the ,department of ,justice1 a report-- 7,a7 focusing1 in part1 on demands by foreign officials for bribes from entities domiciled or incorporated in the ,united ,states1 and the efforts of foreign governments to prosecute such cases2 7,b7 addressing ,united ,states diplomatic efforts to protect entities domiciled or incorporated in the ,united ,states from foreign bribery1 and the effectiveness of those efforts in protecting such entities2 7,c7 summarizing major actions taken under this section in the previous year1 including enforcement actions taken and penalties imposed2 7,d7 evaluating the effectiveness of the ,department of ,justice in enforcing this section2 and 7,e7 detailing what resources or legislative action the ,department of ,justice needs to ensure adequate enforcement of this section4 7#e7 ,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 7#b7 ,technical and conforming amendment ,the table of sections for chapter #fc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aceb4 ,demands by foreign officials for bribes4 4 ,passed the ,senate ,june #ac1 #bjbd4,secretary