II 

108TH CONGRESS 

1ST SESSION S. 1813

To prohibit profiteering and fraud relating to military action, relief, and 

reconstruction efforts in Iraq, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 3, 2003

Mr. LEAHY (for himself, Mrs. FEINSTEIN, Mr. DURBIN, and Mrs. CLINTON) 

introduced the following bill; which was read twice and 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.

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 ‘‘War Profiteering Pre5 vention Act of 2003’’. 

6 SEC. 2. PROHIBITION OF PROFITEERING. 

7 (a) PROHIBITION.—
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•S 1813 IS 

1 (1) IN GENERAL.—Chapter 47 of title 18, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘§ 1037. War profiteering and fraud relating to mili5 tary action, relief, and reconstruction ef6 forts in Iraq 

7 ‘‘(a) PROHIBITION.—

8 ‘‘(1) IN GENERAL.—Whoever, in any matter in9 volving a contract or the provision of goods or serv10 ices, directly or indirectly, in connection with the 

11 war, military action, or relief or reconstruction ac12 tivities in Iraq, knowingly and willfully—

13 ‘‘(A) executes or attempts to execute a 

14 scheme or artifice to defraud the United States 

15 or Iraq; 

16 ‘‘(B) falsifies, conceals, or covers up by 

17 any trick, scheme, or device a material fact; 

18 ‘‘(C) makes any materially false, fictitious, 

19 or fraudulent statements or representations, or 

20 makes or uses any materially false writing or 

21 document knowing the same to contain any ma22 terially false, fictitious, or fraudulent statement 

23 or entry; or 

24 ‘‘(D) materially overvalues any good or 

25 service with the specific intent to excessively 
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•S 1813 IS 

1 profit from the war, military action, or relief or 

2 reconstruction activities in Iraq; 

3 shall be fined under paragraph (2), imprisoned not 

4 more than 20 years, or both. 

5 ‘‘(2) FINE.—A person convicted of an offense 

6 under paragraph (1) may be fined the greater of—

7 ‘‘(A) $1,000,000; or 

8 ‘‘(B) if such person derives profits or other 

9 proceeds from the offense, not more than twice 

10 the gross profits or other proceeds. 

11 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 

12 extraterritorial Federal jurisdiction over an offense under 

13 this section. 

14 ‘‘(c) VENUE.—A prosecution for an offense under 

15 this section may be brought—

16 ‘‘(1) as authorized by chapter 211 of this title; 

17 ‘‘(2) in any district where any act in further18 ance of the offense took place; or 

19 ‘‘(3) in any district where any party to the con20 tract or provider of goods or services is located.’’. 

21 (2) TABLE OF SECTIONS.—The table of sections 

22 for chapter 47 of title 18, United States Code, is 

23 amended by adding at the end the following:

‘‘1037. War profiteering and fraud relating to military action, relief, and reconstruction efforts in Iraq.’’.
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•S 1813 IS 

1 (b) EXPIRATION OF AUTHORITIES.—The authorities 

2 provided for under this Act shall expire upon the date that 

3 major combat operations in Iraq cease and desist, the Coa4 lition Provisional Authority transfers responsibility for 

5 governing Iraq to an indigenous Iraqi government, and a 

6 United States mission to Iraq, under the direction and 

7 guidance of the Secretary of State, is responsible for 

8 United States assistance efforts in Iraq. This subsection 

9 shall not limit or repeal any additional authorities pro10 vided by law. 

11 (c) CIVIL FORFEITURE.—Section 981(a)(1)(C) of 

12 title 18, United States Code, is amended by inserting 

13 ‘‘1037’’ after ‘‘1032’’. 

14 (d) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) 

15 of title 18, United States Code, is amended by striking 

16 ‘‘or 1030’’ and inserting ‘‘1030, or 1032’’. 

17 (e) HEADER.—Section 1956(c)(7)(D) of title 18, 

18 United States Code, is amended by inserting the following: 

19 ‘‘, section 1037 (relating to war profiteering and fraud re20 lating to military action, relief, and reconstruction efforts 

21 in Iraq)’’ after ‘‘liquidating agent of financial institu22 tion),’’.

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