IB 
Union Calendar No. 218 
110TH CONGRESS 
1ST SESSION 
H. R. 400 
[Report No. 110–353] 
To prohibit profiteering and fraud relating to military action, relief, and 
reconstruction efforts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 11, 2007 
Mr. ABERCROMBIE introduced the following bill; which was referred to the 
Committee on the Judiciary 
SEPTEMBER 27, 2007 
Additional sponsors: Mr. MCGOVERN, Mr. JOHNSON
of Georgia, Ms. 
SCHAKOWSKY, Mr. DEFAZIO, Mr. ETHERIDGE, Ms. CORRINE BROWN of 
Florida, Mr. FATTAH, Ms. VELA´ZQUEZ, Ms. HIRONO, Ms. HARMAN, Mr. 
KILDEE, and Mr. GEORGE MILLER of California 
SEPTEMBER 27, 2007 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 11, 2007] 
A BILL 
To prohibit profiteering and fraud relating to military action, 
relief, and reconstruction efforts, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘War Profiteering Pre-
vention Act of 2007’’. 
SEC. 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 fol-
lowing: 
‘‘§ 1040. War profiteering and fraud 
‘‘(a) PROHIBITION.— 
‘‘(1) IN GENERAL.—Whoever, in any matter in-
volving a contract or the provision of goods or services 
to the United States or a provisional authority, in 
connection with a mission of the United States Gov-
ernment overseas, knowingly— 
‘‘(A)(i) executes or attempts to execute a 
scheme or artifice to defraud the United States 
or that authority; or 
‘‘(ii) materially overvalues any good or 
service with the intent to defraud the United 
States or that authority; 
shall be fined under paragraph (2), imprisoned 
not more than 20 years, or both; or 
‘‘(B) in connection with the contract or the 
provision of those goods or services— 
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‘‘(i) falsifies, conceals, or covers up by 
any trick, scheme, or device a material fact; 
‘‘(ii) makes any materially false, ficti-
tious, or fraudulent statements or represen-
tations; or 
‘‘(iii) 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 under paragraph (2) imprisoned 
not more than 10 years, or both. 
‘‘(2) FINE.—A person convicted of an offense 
under paragraph (1) may be fined the greater of— 
‘‘(A) $1,000,000; or 
‘‘(B) if such person derives profits or other 
proceeds from the offense, not more than twice 
the gross profits or other proceeds. 
‘‘(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 further-
ance of the offense took place; or 
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‘‘(3) in any district where any party to the con-
tract 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 ‘‘sec-
tion 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 ac-
cess devices),’’. 
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Union Calendar No. 218 
110TH CONGRESS 
1ST SESSION 
H. R. 400 
[Report No. 110–353] 
A BILL 
To prohibit profiteering and fraud relating to mili-
tary action, relief, and reconstruction efforts, and 
for other purposes. 
SEPTEMBER 27, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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