Foreign Business Bribery Prohibition Act of 2011 - Amends the Foreign Corrupt Practices Act of 1977 to make a foreign concern liable for up to treble damages to any issuer, domestic concern, or U.S. person as a result of violating certain anti-bribery prohibitions. (In effect, authorizes a private right of action against such concerns.)
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3531 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3531
To authorize certain private rights of action under the Foreign Corrupt
Practices Act of 1977 for violations by foreign concerns that damage
domestic businesses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 30, 2011
Mr. Perlmutter introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, 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 1977 for violations by foreign concerns that damage
domestic businesses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Business Bribery Prohibition
Act of 2011''.
SEC. 2. ACTIONS AUTHORIZED.
Section 104A of the Foreign Corrupt Practices Act of 1977 (15
U.S.C. 78dd-3) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Private Rights of Action Authorized.--
``(1) Authorized plaintiffs.--Any foreign concern that
violates subsection (a) 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 30A of
the Securities Exchange Act of 1934, domestic concern that is
subject to section 104 of this Act, or other United States
person that is damaged by the violation of subsection (a) of
this section for damages caused to such issuer, domestic
concern, or other person by the violation.
``(2) Proof of damages.--For purposes of this subsection, a
plaintiff in an action under this subsection must allege and
prove that--
``(A) the defendant foreign concern violated
subsection (a); and
``(B) the defendant foreign concern's violation of
subsection (a)--
``(i) prevented the plaintiff from
obtaining or retaining business for or with any
person; and
``(ii) assisted the foreign concern in
obtaining or retaining such business.
``(3) Measure of damages.--
``(A) In general.--The damages which 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
proof:
``(i) The total amount of the contract or
agreement that the defendant gained in
obtaining or retaining business by means of the
violation of subsection (a).
``(ii) 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 (a).
``(B) Treble damages.--In assessing damages under
subparagraph (A), the court shall enter judgment for
three times the amount determined under clause (i) or
(ii) of such subparagraph (whichever is greater),
together with a reasonable attorney's fee and costs,
for any violation of subsection (a).
``(4) Exception for routine governmental action.--The
exception in subsection (b) shall apply to an action under this
subsection.
``(5) Affirmative defenses.--The affirmative defenses in
subsection (c) shall apply to an action under this subsection.
``(6) Contribution.--Every person who becomes liable to
make payment under this subsection may recover contribution as
in cases of contract from any person who, if joined in the
original suit, would have been liable to make the same payment.
``(7) Statute of limitations.--No action shall be
maintained to enforce any liability created under this
subsection unless brought within 3 years after the discovery of
the facts constituting the cause of action and within 6 years
after such cause of action accrued.
``(8) Definitions.--
``(A) Foreign concern.--For purposes of this
subsection, the term `foreign concern' means any person
other than an issuer that is subject to section 30A of
the Securities Exchange Act of 1934, a domestic concern
that is subject to section 104 of this Act, or another
United States person.
``(B) United states person.--The term `United
States person' has the meaning given such term in
section 104(i)(2) of this Act.''.
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Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
Referred to the Subcommittee on Courts, Commercial and Administrative Law.
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