S.Amdt. 5363
What it does: Adds SEC. 1083. PROHIBITION OF WAR PROFITEERING at the end of subtitle G of title X
Sen. Patrick J. Leahy (D-VT)What it changes
1 change to S. 3001 · shown in the bill's text
Adds SEC. 1083. PROHIBITION OF WAR PROFITEERING at the end of subtitle G of title X
Adds a sectionIn S. 3001 · Placed on Calendar Senate
(2) in paragraph (2), by striking "implemented" and inserting "developed".
Inserted: SEC. 1083. PROHIBITION OF WAR PROFITEERING.
Inserted: (a) Prohibition.--
Inserted: (1) In general.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following:
Inserted: "Sec. 1040. War profiteering and fraud
Inserted: "(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--
Inserted: "(1)(A) executes or attempts to execute a scheme or artifice to defraud the United States or that authority; or
Inserted: "(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
Inserted: "(2) in connection with the contract or the provision of those goods or services--
Inserted: "(A) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
Inserted: "(B) makes any materially false, fictitious, or fraudulent statements or representations; or
Inserted: "(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.
Inserted: "(b) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section.
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Inserted: "(c) Venue.--A prosecution for an offense under this section may be brought--
Inserted: "(1) as authorized by chapter 211 of this title;
Inserted: "(2) in any district where any act in furtherance of the offense took place; or
Inserted: "(3) in any district where any party to the contract or provider of goods or services is located.".
Inserted: (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:
Inserted: "1040. War profiteering and fraud.".
Inserted: (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".
Inserted: (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),".
Inserted: (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),".
Original wording
At the end of subtitle G of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5363. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1083. PROHIBITION OF WAR 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.--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:
“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),”.
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Senate amendment submitted
September 10, 2008