[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4356 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4356

    To amend title 18, United States Code, with respect to fraud in 
           connection with major disaster or emergency funds.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2005

Mr. Sensenbrenner introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, with respect to fraud in 
           connection with major disaster or emergency funds.

    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 ``Emergency and Disaster Assistance 
Fraud Penalty Enhancement Act of 2005''.

SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR EMERGENCY BENEFITS.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1039. Fraud in connection with major disaster or emergency 
              benefits
    ``(a) Whoever, in a circumstance described in subsection (b) of 
this section, knowingly--
            ``(1) falsifies, conceals, or covers up by any trick, 
        scheme, or device any material fact; or
            ``(2) makes any materially false, fictitious, or fraudulent 
        statement or representation, or makes or uses any false writing 
        or document knowing the same to contain any materially false, 
        fictitious, or fraudulent statement or representation,
in any matter involving any benefit authorized, transported, 
transmitted, transferred, disbursed, or paid in connection with a major 
disaster declaration under section 401 of the Disaster Relief Act of 
1974, or an emergency declaration under section 501 of the Disaster 
Relief Act of 1974, or in connection with any procurement of property 
or services related to any emergency or disaster declaration as a prime 
contractor with the United States or as a subcontractor or supplier on 
a contract in which there is a prime contract with the United States, 
shall be fined under this title, imprisoned for not more than 30 years, 
or both.
    ``(b) The circumstance to which subsection (a) of this section 
refers is that--
            ``(1) the authorization, transportation, transmission, 
        transfer, disbursement, or payment of the benefit is in or 
        affects interstate or foreign commerce;
            ``(2) the benefit is transported in the mail at any point 
        in the authorization, transportation, transmission, transfer, 
        disbursement, or payment of that benefit; or
            ``(3) the benefit is a record, voucher, payment, money, or 
        thing of value of the United States, or of any department or 
        agency thereof.
    ``(c) In this section, the term `benefit' means any record, 
voucher, payment, money or thing of value, good, service, right, or 
privilege provided by the United States, State or local government, or 
other entity.''.
    (b) Clerical Amendment.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by inserting at the end the 
following new item:

``1039. Fraud in connection with major disaster or emergency 
                            benefits.''.

SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN WIRE, RADIO, AND 
              TELEVISION 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 in relation to, or involving any benefit 
authorized, transported, transmitted, transferred, disbursed, or paid 
in connection with, a presidentially declared major disaster or 
emergency, or'' after ``If the violation''.

SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN MAIL FRAUD DURING 
              AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER 
              OR EMERGENCY.

    Section 1341 of title 18, United States Code, is amended by 
inserting: ``occurs in relation to, or involving any benefit 
authorized, transported, transmitted, transferred, disbursed, or paid 
in connection with, a presidentially declared major disaster or 
emergency, or'' after ``If the violation''.

SEC. 5. DIRECTIVE TO SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission forthwith shall--
            (1) promulgate sentencing guidelines or amend existing 
        sentencing guidelines to provide for increased penalties for 
        persons convicted of fraud or theft offenses in connection with 
        a major disaster declaration under section 5170 of title 42, 
        United States Code, or an emergency declaration under section 
        5191 of title 42, United States Code; and
            (2) submit to the Committees on the Judiciary of the United 
        States Congress an explanation of actions taken by the 
        Commission pursuant to paragraph (1) and any additional policy 
        recommendations the Commission may have for combating offenses 
        described in that paragraph.
    (b) Requirements.--In carrying out this section, the Sentencing 
Commission shall--
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of the offenses described 
        in subsection (a) and the need for aggressive and appropriate 
        law enforcement action to prevent such offenses;
            (2) assure reasonable consistency with other relevant 
        directives and with other guidelines;
            (3) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including circumstances for 
        which the sentencing guidelines currently provide sentencing 
        enhancements;
            (4) make any necessary conforming changes to the sentencing 
        guidelines; and
            (5) assure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.
    (c) Emergency Authority and Deadline for Commission Action.--The 
Commission shall promulgate the guidelines or amendments provided for 
under this section as soon as practicable, and in any event not later 
than the 30 days after the date of the enactment of this Act, in 
accordance with the procedures set forth in section 21(a) of the 
Sentencing Reform Act of 1987, as though the authority under that Act 
had not expired.
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