I 
109TH CONGRESS 
1ST SESSION H. R. 4148 
To amend title 18, United States Code, to prohibit profiteering and fraud 
relating to relief or reconstruction efforts provided in response to a 
presidentially declared major disaster or emergency, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 26, 2005 
Mr. CONYERS (for himself, Mr. EMANUEL, Mr. DEFAZIO, Mr. GRIJALVA, Mr. 
HINCHEY, 
Ms. 
KILPATRICK
of 
Michigan, 
Mr. 
SERRANO, 
Mr. 
MCDERMOTT, Mrs. MALONEY, and Mr. SANDERS) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to prohibit profit-
eering and fraud relating to relief or reconstruction ef-
forts provided in response to a presidentially declared 
major disaster or emergency, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Disaster Prof-
iteering Prevention Act of 2005’’.
SEC. 2. PROHIBITION OF PROFITEERING. 
(a) IN GENERAL.—Chapter 63 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1351. Profiteering and fraud relating to relief or 
reconstruction efforts provided in re-
sponse to a presidentially declared major 
disaster or emergency 
‘‘(a) PROHIBITION.—Whoever, in any matter involv-
ing a contract with the Federal Government for the provi-
sion of goods or services, directly or indirectly, in connec-
tion with relief or reconstruction efforts provided in re-
sponse to a presidentially declared major disaster or emer-
gency, knowingly and willfully— 
‘‘(1) executes or attempts to execute a scheme 
or artifice to defraud the United States; 
‘‘(2) falsifies, conceals, or covers up by any 
trick, scheme, or device a material fact; 
‘‘(3) 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 
‘‘(4) materially overvalues any good or service 
with the specific intent to excessively profit from the 
federal disaster or emergency; shall be fined under
subsection (b), imprisoned not more than 20 years, 
or both. 
‘‘(b) FINE.—A person convicted of an offense under 
subsection (a) may be fined the greater of— 
‘‘(1) $1,000,000; or 
‘‘(2) if such person derives profits or other pro-
ceeds from the offense, not more than 3 times the 
gross profits or other proceeds.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 63 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1351. Profiteering and fraud relating to relief or reconstruction efforts pro-
vided in response to a presidentially declared major disaster or 
emergency.’’. 
SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING 
IN INTERNET 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 during and in relation to 
a presidentially declared major disaster or emergency, or’’ 
after ‘‘If the violation’’. 
Æ