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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 863 Enrolled Bill (ENR)]

:\SENENR\s863--enr.xml [file 1 of 1]

        S.863

                       One Hundred Tenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
            the fourth day of January, two thousand and seven

                                 An Act

 
    To amend title 18, United States Code, with respect to fraud in 
           connection with major disaster or emergency funds.

    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 ``Emergency and Disaster Assistance 
Fraud Penalty Enhancement Act of 2007''.
SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR EMERGENCY BENEFITS.
    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1040. Fraud in connection with major disaster or emergency 
    benefits
    ``(a) Whoever, in a circumstance described in subsection (b) of 
this section, knowingly--
        ``(1) falsifies, conceals, or covers up by any trick, scheme, 
    or device any material fact; or
        ``(2) makes any materially false, fictitious, or fraudulent 
    statement or representation, or makes or uses any false writing or 
    document knowing the same to contain any materially false, 
    fictitious, or fraudulent statement or representation,
in any matter involving any benefit authorized, transported, 
transmitted, transferred, disbursed, or paid in connection with a major 
disaster declaration under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an 
emergency declaration under section 501 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191), or in 
connection with any procurement of property or services related to any 
emergency or major disaster declaration as a prime contractor with the 
United States or as a subcontractor or supplier on a contract in which 
there is a prime contract with the United States, shall be fined under 
this title, imprisoned not more than 30 years, or both.
    ``(b) A circumstance described in this subsection is any instance 
where--
        ``(1) the authorization, transportation, transmission, 
    transfer, disbursement, or payment of the benefit is in or affects 
    interstate or foreign commerce;
        ``(2) the benefit is transported in the mail at any point in 
    the authorization, transportation, transmission, transfer, 
    disbursement, or payment of that benefit; or
        ``(3) the benefit is a record, voucher, payment, money, or 
    thing of value of the United States, or of any department or agency 
    thereof.
    ``(c) In this section, the term `benefit' means any record, 
voucher, payment, money or thing of value, good, service, right, or 
privilege provided by the United States, a State or local government, 
or other entity.''.
    (b) Clerical Amendment.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1040. Fraud in connection with major disaster or emergency 
          benefits.''.
SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN WIRE, RADIO, AND 
TELEVISION FRAUD DURING AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR 
DISASTER OR EMERGENCY.
    Section 1343 of title 18, United States Code, is amended by 
inserting: ``occurs in relation to, or involving any benefit 
authorized, transported, transmitted, transferred, disbursed, or paid 
in connection with, a presidentially declared major disaster or 
emergency (as those terms are defined in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122)), or'' after ``If the violation''.
SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN MAIL FRAUD DURING 
AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER OR EMERGENCY.
    Section 1341 of title 18, United States Code, is amended by 
inserting: ``occurs in relation to, or involving any benefit 
authorized, transported, transmitted, transferred, disbursed, or paid 
in connection with, a presidentially declared major disaster or 
emergency (as those terms are defined in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122)), or'' after ``If the violation''.
SEC. 5. DIRECTIVE TO SENTENCING COMMISSION.
    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission forthwith shall--
        (1) promulgate sentencing guidelines or amend existing 
    sentencing guidelines to provide for increased penalties for 
    persons convicted of fraud or theft offenses in connection with a 
    major disaster declaration under section 401 of the Robert T. 
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
    5170) or an emergency declaration under section 501 of the Robert 
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
    5191); and
        (2) submit to the Committee on the Judiciary of the Senate and 
    the Committee on the Judiciary of the House of Representatives an 
    explanation of actions taken by the Commission pursuant to 
    paragraph (1) and any additional policy recommendations the 
    Commission may have for combating offenses described in that 
    paragraph.
    (b) Requirements.--In carrying out this section, the Sentencing 
Commission shall--
        (1) ensure that the sentencing guidelines and policy statements 
    reflect the serious nature of the offenses described in subsection 
    (a) and the need for aggressive and appropriate law enforcement 
    action to prevent such offenses;
        (2) assure reasonable consistency with other relevant 
    directives and with other guidelines;
        (3) account for any aggravating or mitigating circumstances 
    that might justify exceptions, including circumstances for which 
    the sentencing guidelines currently provide sentencing 
    enhancements;
        (4) make any necessary conforming changes to the sentencing 
    guidelines; and
        (5) assure that the guidelines adequately meet the purposes of 
    sentencing as set forth in section 3553(a)(2) of title 18, United 
    States Code.
    (c) Emergency Authority and Deadline for Commission Action.--The 
Commission shall promulgate the guidelines or amendments provided for 
under this section as soon as practicable, and in any event not later 
than the 30 days after the date of enactment of this Act, in accordance 
with the procedures set forth in section 21(a) of the Sentencing Reform 
Act of 1987, as though the authority under that Act had not expired.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```