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HR 5438 114th Congress House

Foreign Business Bribery Prohibition Act of 2016

Official title: To authorize certain private rights of action under the Foreign Corrupt Practices Act of 1977 for violations that damage certain businesses, and for other purposes.

Introduced: June 9, 2016 See on congress.gov
Commerce Business ethicsCivil actions and liabilityCorporate finance and managementForeign and international corporations
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Government ethics and transparency, public corruptionSecurities
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This bill died when the 114th Congress ended
It never became law before the 114th Congress (2015–2016) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jun 15, 2016
Referred to the Subcommittee on the Constitution and Civil Justice.
Jun 9, 2016
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Financial Services, 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.
Jun 9, 2016
Introduced in House
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 Latest action June 15, 2016

Referred to the Subcommittee on the Constitution and Civil Justice.

 Plain-English summary Congressional Research Service

Foreign Business Bribery Prohibition Act of 2016

This bill amends the Foreign Corrupt Practices Act of 1977 (FCPA) to authorize private rights of action against persons that violate the FCPA's anti-bribery provisions, which prohibit giving things of value to foreign officials or political parties for purposes of obtaining or retaining business. A person that violates the FCPA's anti-bribery provisions shall be liable for up to treble damages to a securities issuer, domestic business concern, or U.S. person damaged by the violation.

A plaintiff must prove an FCPA anti-bribery violation by the defendant that: (1) prevented the plaintiff from obtaining or retaining business, and (2) assisted the defendant in obtaining or retaining such business.

 Related & companion bills 1
  • HR 1549 Reintroduced Bill Foreign Business Bribery Prohibition Act of 2017
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 4
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APA
U.S. Congress. (2026). H.R. 5438: Foreign Business Bribery Prohibition Act of 2016. 114th Congress. Open America. https://openamerica.io/bill/114-HR-5438/
MLA
"H.R. 5438: Foreign Business Bribery Prohibition Act of 2016." 114th Congress, 2026, Open America, https://openamerica.io/bill/114-HR-5438/.
Bluebook (legal)
H.R. 5438, 114th Cong. (2026), https://openamerica.io/bill/114-HR-5438/.
Markdown link
[H.R. 5438: Foreign Business Bribery Prohibition Act of 2016](https://openamerica.io/bill/114-HR-5438/)
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