[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3673 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3673
To prohibit profiteering and fraud relating to military action, relief,
and reconstruction efforts in Iraq, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 8, 2003
Mr. Emanuel (for himself, Mr. DeFazio, Ms. DeLauro, Mr. Sanders, Mr.
George Miller of California, Mr. McGovern, Mr. Hinchey, Mr. Ryan of
Ohio, Mr. Grijalva, Mr. Israel, Ms. Kilpatrick, Ms. Lee, Mr. Stark, Ms.
Slaughter, Ms. Schakowsky, Mr. Frost, and Mr. Meehan) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit profiteering and fraud relating to military action, relief,
and reconstruction efforts in Iraq, 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
2003''.
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. 1037. War profiteering and fraud relating to military action,
relief, and reconstruction efforts in Iraq
``(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 the war, military action, or
relief or reconstruction activities in Iraq, knowingly and
willfully--
``(A) executes or attempts to execute a scheme or
artifice to defraud the United States or Iraq;
``(B) falsifies, conceals, or covers up by any
trick, scheme, or device a material fact;
``(C) makes any materially false, fictitious, or
fraudulent statements or representations, or makes or
uses any materially false writing or document knowing
the same to contain any materially false, fictitious,
or fraudulent statement or entry; or
``(D) materially overvalues any good or service
with the specific intent to excessively profit from the
war, military action, or relief or reconstruction
activities in Iraq;
shall be fined under paragraph (2), imprisoned not more than 20
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:
``1037. War profiteering and fraud relating to military action, relief,
and reconstruction efforts in Iraq.''.
(b) Expiration of Authorities.--The authorities provided for under
this Act shall expire upon the date that major combat operations in
Iraq cease and desist, the Coalition Provisional Authority transfers
responsibility for governing Iraq to an indigenous Iraqi government,
and a United States mission to Iraq, under the direction and guidance
of the Secretary of State, is responsible for United States assistance
efforts in Iraq. This subsection shall not limit or repeal any
additional authorities provided by law.
(c) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United
States Code, is amended by inserting ``1037,'' after ``1032,''.
(d) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United
States Code, is amended by striking ``or 1030'' and inserting ``1030,
or 1037''.
(e) Money Laundering.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting the following: ``, section 1037
(relating to war profiteering and fraud relating to military action,
relief, and reconstruction efforts in Iraq),'' after ``liquidating
agent of financial institution),''.
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