[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4148 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4148

  To amend title 18, United States Code, to prohibit profiteering and 
fraud relating to relief or reconstruction efforts provided in response 
to a presidentially declared major disaster or emergency, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 2005

 Mr. Conyers (for himself, Mr. Emanuel, Mr. DeFazio, Mr. Grijalva, Mr. 
 Hinchey, Ms. Kilpatrick of Michigan, Mr. Serrano, Mr. McDermott, Mrs. 
  Maloney, and Mr. Sanders) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to prohibit profiteering and 
fraud relating to relief or reconstruction efforts provided in response 
to a presidentially declared major disaster or emergency, and for other 
                               purposes.

    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 ``Federal Disaster Profiteering 
Prevention Act of 2005''.

SEC. 2. PROHIBITION OF PROFITEERING.

    (a) In General.--Chapter 63 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1351. Profiteering and fraud relating to relief or 
              reconstruction efforts provided in response to a 
              presidentially declared major disaster or emergency
    ``(a) Prohibition.--Whoever, in any matter involving a contract 
with the Federal Government for the provision of goods or services, 
directly or indirectly, in connection with relief or reconstruction 
efforts provided in response to a presidentially declared major 
disaster or emergency, knowingly and willfully--
            ``(1) executes or attempts to execute a scheme or artifice 
        to defraud the United States;
            ``(2) falsifies, conceals, or covers up by any trick, 
        scheme, or device a material fact;
            ``(3) makes any materially false, fictitious, or fraudulent 
        statements or representations, or makes or uses any materially 
        false writing or document knowing the same to contain any 
        materially false, fictitious, or fraudulent statement or entry; 
        or
            ``(4) materially overvalues any good or service with the 
        specific intent to excessively profit from the federal disaster 
        or emergency; shall be fined under subsection (b), imprisoned 
        not more than 20 years, or both.
    ``(b) Fine.--A person convicted of an offense under subsection (a) 
may be fined the greater of--
            ``(1) $1,000,000; or
            ``(2) if such person derives profits or other proceeds from 
        the offense, not more than 3 times the gross profits or other 
        proceeds.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 63 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1351. Profiteering and fraud relating to relief or reconstruction 
                            efforts provided in response to a 
                            presidentially declared major disaster or 
                            emergency.''.

SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN INTERNET FRAUD 
              DURING AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR 
              DISASTER OR EMERGENCY.

    Section 1343 of title 18, United States Code, is amended by 
inserting: ``occurs during and in relation to a presidentially declared 
major disaster or emergency, or'' after ``If the violation''.
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