H.R. 400

War Profiteering Prevention Act of 2007

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II

Calendar No. 423

110th CONGRESS

1st Session

H. R. 400

IN THE SENATE OF THE UNITED STATES

October 15, 2007

Received

October 17, 2007

Read twice and placed on the calendar

AN ACT

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

1.

Short title

This Act may be cited as the War Profiteering Prevention Act of 2007.

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:

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),.

Passed the House of Representatives October 9, 2007.

Lorraine C. Miller,

Clerk.

October 17, 2007

Read twice and placed on the calendar