text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Foreign Business Bribery Prohibition 
  Act of 2016''.
  
  SEC. 2. ACTIONS AUTHORIZED.
  
      (a) Prohibited Foreign Practices by Domestic Concerns.--Section 104 
  of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2) is 
  amended by adding at the end the following:
      ``(j) Private Right of Action Authorized.--
              ``(1) Authorized plaintiffs.--Any person 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 this section, or other person that is a 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, 
          the court may not find for the plaintiff in an action under 
          this subsection unless the plaintiff alleges and proves that--
                      ``(A) the defendant violated subsection (a); and
                      ``(B) the defendant's violation of subsection (a)--
                              ``(i) prevented the plaintiff from 
                          obtaining or retaining business for or with any 
                          person; and
                              ``(ii) assisted the defendant in obtaining 
                          or retaining such business.
              ``(3) Measure of damages.--
                      ``(A) In general.--The damages that 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 the 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.--Each 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 may 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 the 
          cause of action accrued.
              ``(8) United states person defined.--In this subsection, 
          the term `United States person' has the meaning given that term 
          in subsection (i)(2).''.
      (b) Prohibited Foreign Practices by Other Persons.--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 Right of Action Authorized.--
              ``(1) Authorized plaintiffs.--Any person 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 person that is a 
          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, 
          the court may not find for the plaintiff in an action under 
          this subsection unless the plaintiff alleges and proves that--
                      ``(A) the defendant violated subsection (a); and
                      ``(B) the defendant's violation of subsection (a)--
                              ``(i) prevented the plaintiff from 
                          obtaining or retaining business for or with any 
                          person; and
                              ``(ii) assisted the defendant in obtaining 
                          or retaining such business.
              ``(3) Measure of damages.--
                      ``(A) In general.--The damages that 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 the 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.--Each 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 may 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 the 
          cause of action accrued.
              ``(8) United states person defined.--In this subsection, 
          the term `United States person' has the meaning given that term 
          in subsection (i)(2).''.
      (c) Prohibited Foreign Practices by Issuers.--Section 30A of the 
  Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) is amended by adding 
  at the end the following:
      ``(h) Private Right of Action Authorized.--
              ``(1) Authorized plaintiffs.--Any person 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 this section, 
          domestic concern that is subject to section 104 of the Foreign 
          Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2), or other 
          person that is a 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, 
          the court may not find for the plaintiff in an action under 
          this subsection unless the plaintiff alleges and proves that--
                      ``(A) the defendant violated subsection (a); and
                      ``(B) the defendant's violation of subsection (a)--
                              ``(i) prevented the plaintiff from 
                          obtaining or retaining business for or with any 
                          person; and
                              ``(ii) assisted the defendant in obtaining 
                          or retaining such business.
              ``(3) Measure of damages.--
                      ``(A) In general.--The damages that 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 the 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.--Each 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 the cause of action accrued.
              ``(8) United states person defined.--In this subsection, 
          the term `United States person' has the meaning given that term 
          in subsection (g)(2).''.
  
  SEC. 3. EFFECTIVE DATE.
  
      The amendments made by this Act shall take effect on the date of 
  the enactment of this Act and shall apply to causes of action accruing 
  on or after such date of enactment.
target: 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.
feat_title: Foreign Business Bribery Prohibition Act of 2016