II 

109TH CONGRESS 

2D SESSION S. 3559 

To amend title 18, United States Code, with respect to fraud in connection 

with major disaster or emergency funds. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2006 

Mr. CORNYN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, with respect to 

fraud in connection with major disaster or emergency funds. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency and Dis5 aster Assistance Fraud Penalty Enhancement Act of 

6 2005’’. 


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1 SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR 

2 EMERGENCY BENEFITS. 

3 (a) IN GENERAL.—Chapter 47 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 1039. Fraud in connection with major disaster or 

7 emergency benefits 

8 ‘‘(a) Whoever, in a circumstance described in sub9 section (b) of this section, knowingly— 

10 ‘‘(1) falsifies, conceals, or covers up by any 

11 trick, scheme, or device any material fact; or 

12 ‘‘(2) makes any materially false, fictitious, or 

13 fraudulent statement or representation, or makes or 

14 uses any false writing or document knowing the 

15 same to contain any materially false, fictitious, or 

16 fraudulent statement or representation, 

17 in any matter involving any benefit authorized, trans18 ported, transmitted, transferred, disbursed, or paid in con19 nection with a major disaster declaration under section 

20 401 of the Disaster Relief Act of 1974, or an emergency 

21 declaration under section 501 of the Disaster Relief Act 

22 of 1974, or in connection with any procurement of prop23 erty or services related to any emergency or disaster dec24 laration as a prime contractor with the United States or 

25 as a subcontractor or supplier on a contract in which there 

26 is a prime contract with the United States, shall be fined 


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1 under this title, imprisoned for not more than 30 years, 

2 or both. 

3 ‘‘(b) The circumstance to which subsection (a) of this 

4 section refers is that— 

5 ‘‘(1) the authorization, transportation, trans6 mission, transfer, disbursement, or payment of the 

7 benefit is in or affects interstate or foreign com8 merce; 

9 ‘‘(2) the benefit is transported in the mail at 

10 any point in the authorization, transportation, trans11 mission, transfer, disbursement, or payment of that 

12 benefit; or 

13 ‘‘(3) the benefit is a record, voucher, payment, 

14 money, or thing of value of the United States, or of 

15 any department or agency thereof. 

16 ‘‘(c) In this section, the term ‘benefit’ means any 

17 record, voucher, payment, money or thing of value, good, 

18 service, right, or privilege provided by the United States, 

19 State or local government, or other entity.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 for chapter 47 of title 18, United States Code, is amended 

22 by inserting at the end the following new item: 

‘‘1039. Fraud in connection with major disaster or emergency benefits.’’. 


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1 SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING 

2 IN WIRE, RADIO, AND TELEVISION FRAUD 

3 DURING AND RELATION TO A PRESI4 DENTIALLY DECLARED MAJOR DISASTER OR 

5 EMERGENCY. 

6 Section 1343 of title 18, United States Code, is 

7 amended by inserting: ‘‘occurs in relation to, or involving 

8 any benefit authorized, transported, transmitted, trans9 ferred, disbursed, or paid in connection with, a presi10 dentially declared major disaster or emergency, or’’ after 

11 ‘‘If the violation’’. 

12 SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING 

13 IN MAIL FRAUD DURING AND RELATION TO A 

14 PRESIDENTIALLY DECLARED MAJOR DIS15 ASTER OR EMERGENCY. 

16 Section 1341 of title 18, United States Code, is 

17 amended by inserting: ‘‘occurs in relation to, or involving 

18 any benefit authorized, transported, transmitted, trans19 ferred, disbursed, or paid in connection with, a presi20 dentially declared major disaster or emergency, or’’ after 

21 ‘‘If the violation’’. 

22 SEC. 5. DIRECTIVE TO SENTENCING COMMISSION. 

23 (a) IN GENERAL.—Pursuant to its authority under 

24 section 994(p) of title 28, United States Code, and in ac25 cordance with this section, the United States Sentencing 

26 Commission forthwith shall— 

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1 (1) promulgate sentencing guidelines or amend 

2 existing sentencing guidelines to provide for in3 creased penalties for persons convicted of fraud or 

4 theft offenses in connection with a major disaster 

5 declaration under section 5170 of title 42, United 

6 States Code, or an emergency declaration under sec7 tion 5191 of title 42, United States Code; and 

8 (2) submit to the Committees on the Judiciary 

9 of the United States Congress an explanation of ac10 tions taken by the Commission pursuant to para11 graph (1) and any additional policy recommenda12 tions the Commission may have for combating of13 fenses described in that paragraph. 

14 (b) REQUIREMENTS.—In carrying out this section, 

15 the Sentencing Commission shall— 

16 (1) ensure that the sentencing guidelines and 

17 policy statements reflect the serious nature of the of18 fenses described in subsection (a) and the need for 

19 aggressive and appropriate law enforcement action 

20 to prevent such offenses; 

21 (2) assure reasonable consistency with other 

22 relevant directives and with other guidelines; 

23 (3) account for any aggravating or mitigating 

24 circumstances that might justify exceptions, includVerDate Aug 31 2005 01:39 Jun 24, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3559.IS S3559

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1 ing circumstances for which the sentencing guide2 lines currently provide sentencing enhancements; 

3 (4) make any necessary conforming changes to 

4 the sentencing guidelines; and 

5 (5) assure that the guidelines adequately meet 

6 the purposes of sentencing as set forth in section 

7 3553(a)(2) of title 18, United States Code. 

8 (c) EMERGENCY AUTHORITY AND DEADLINE FOR

9 COMMISSION ACTION.—The Commission shall promulgate 

10 the guidelines or amendments provided for under this sec11 tion as soon as practicable, and in any event not later than 

12 the 30 days after the date of the enactment of this Act, 

13 in accordance with the procedures set forth in section 

14 21(a) of the Sentencing Reform Act of 1987, as though 

15 the authority under that Act had not expired. 

Æ 


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