Bill Text
111th Congress (2009-2010)
H.R.1667.IH

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HR 1667 IH

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

March 23, 2009

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

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 2009'.

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. 1041. War profiteering and fraud

`(a) Prohibition- Whoever, in any matter involving a contract with, 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--

`(1)(A) executes or attempts to execute a scheme or artifice to defraud the United States or that authority; or

`(B) materially overvalues any good or service with the intent to defraud the United States or that authority;

shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both; or

`(2) in connection with the contract or the provision of those goods or services--

`(A) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

`(B) makes any materially false, fictitious, or fraudulent statements or representations; or

`(C) 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 not more than $1,000,000 or imprisoned not more than 10 years, or both.

`(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:

`1041. 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 1041'.

(c) Money Laundering- Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting `section 1041 (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 1041 (relating to war profiteering and fraud),' after `in connection with access devices),'.

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