[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2356 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2356

To prohibit profiteering and fraud relating to military action, relief, 
          and reconstruction efforts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2006

   Mr. Leahy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit profiteering and fraud relating to military action, relief, 
          and reconstruction efforts, 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 ``War Profiteering Prevention Act of 
2006''.

SEC. 2. PROHIBITION OF PROFITEERING.

    (a) Prohibition.--
            (1) In general.--Chapter 47 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 1039. War profiteering and fraud relating to military action, 
              relief, and reconstruction efforts
    ``(a) Prohibition.--
            ``(1) In general.--Whoever, in any matter involving a 
        contract or the provision of goods or services, directly or 
        indirectly, in connection with a war, military action, or 
        relief or reconstruction activities within the jurisdiction of 
        the United States Government, knowingly and willfully--
                    ``(A)(i) executes or attempts to execute a scheme 
                or artifice to defraud the United States; or
                    ``(ii) materially overvalues any good or service 
                with the specific intent to defraud and excessively 
                profit from the war, military action, or relief or 
                reconstruction activities;
        shall be fined under paragraph (2), imprisoned not more than 20 
        years, or both; or
                    ``(B)(i) falsifies, conceals, or covers up by any 
                trick, scheme, or device a material fact;
                    ``(ii) makes any materially false, fictitious, or 
                fraudulent statements or representations; or
                    ``(iii) makes or uses any materially false writing 
                or document knowing the same to contain any materially 
                false, fictitious or fraudulent statement or entry;
        shall be fined under paragraph (2) imprisoned not more than 10 
        years, or both.
            ``(2) Fine.--A person convicted of an offense under 
        paragraph (1) may be fined the greater of--
                    ``(A) $1,000,000; or
                    ``(B) if such person derives profits or other 
                proceeds from the offense, not more than twice the 
                gross profits or other proceeds.
    ``(b) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
    ``(c) Venue.--A prosecution for an offense under this section may 
be brought--
            ``(1) as authorized by chapter 211 of this title;
            ``(2) in any district where any act in furtherance of the 
        offense took place; or
            ``(3) in any district where any party to the contract or 
        provider of goods or services is located.''.
            (2) Table of sections.--The table of sections for chapter 
        47 of title 18, United States Code, is amended by adding at the 
        end the following:

``1039. War profiteering and fraud relating to military action, relief, 
                            and reconstruction efforts.''.
    (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United 
States Code, is amended by inserting ``1039,'' after ``1032,''.
    (c) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United 
States Code, is amended by striking ``or 1030'' and inserting ``1030, 
or 1039''.
    (d) RICO.--Section 1956(c)(7)(D) of title 18, United States Code, 
is amended by inserting the following: ``, section 1039 (relating to 
war profiteering and fraud relating to military action, relief, and 
reconstruction efforts)'' after ``liquidating agent of financial 
institution),''.
                                 <all>