This act makes technical corrections and substantive changes to the Foreign Extortion Prevention Act (FEPA), which was enacted as part of the National Defense Authorization Act for Fiscal Year 2024.
As originally enacted, FEPA established a new federal criminal offense involving bribery by foreign officials. Also, FEPA explicitly granted extraterritorial jurisdiction over offenses and established criminal penalties for violations.
This act narrows the scope of individuals who are foreign officials subject to the federal criminal provisions. Specifically, it redefines foreign official so that it does not include an individual acting in an unofficial capacity on behalf of a foreign government or international organization.
Additionally, this act broadens the scope of conduct that is prohibited. As originally enacted, FEPA generally prohibited conduct to solicit or accept a bribe in return for influence in the performance of any official act. This act broadens the scope of the prohibited conduct to include the solicitation or acceptance of a bribe in return for influence in the performance of any act or decision.
Finally, this act specifies that extraterritorial jurisdiction applies if the foreign official soliciting or accepting the bribe is in the United States.
