[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 400 Reported in House (RH)]






                                                 Union Calendar No. 218
110th CONGRESS
  1st Session
                                H. R. 400

                          [Report No. 110-353]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 11, 2007

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

                           September 27, 2007

    Additional sponsors: Mr. McGovern, Mr. Johnson of Georgia, Ms. 
 Schakowsky, Mr. DeFazio, Mr. Etheridge, Ms. Corrine Brown of Florida, 
Mr. Fattah, Ms. Velazquez, Ms. Hirono, Ms. Harman, Mr. Kildee, and Mr. 
                      George Miller of California

                           September 27, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                               11, 2007]

_______________________________________________________________________

                                 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 
2007''.

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. 1040. War profiteering and fraud
    ``(a) Prohibition.--
            ``(1) In general.--Whoever, in any matter involving a 
        contract or the provision of goods or services to the United 
        States or a provisional authority, in connection with a mission 
        of the United States Government overseas, knowingly--
                    ``(A)(i) executes or attempts to execute a scheme 
                or artifice to defraud the United States or that 
                authority; or
                    ``(ii) materially overvalues any good or service 
                with the intent to defraud the United States or that 
                authority;
                shall be fined under paragraph (2), imprisoned not more 
                than 20 years, or both; or
                    ``(B) in connection with the contract or the 
                provision of those goods or services--
                            ``(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:

``1040. War profiteering and fraud.''.
    (b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United 
States Code, is amended by striking ``or 1030'' and inserting ``1030, 
or 1040''.
    (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``section 1040 (relating to war 
profiteering and fraud),'' after ``liquidating agent of financial 
institution),''.
    (d) RICO.--Section 1961(1) of title 18, United States Code, is 
amended by inserting ``section 1040 (relating to war profiteering and 
fraud),'' after ``in connection with access devices),''.
                                                 Union Calendar No. 218

110th CONGRESS

  1st Session

                               H. R. 400

                          [Report No. 110-353]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 27, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed