I 
110TH CONGRESS 
1ST SESSION 
H. R. 846 
To amend title 18, United States Code, with respect to fraud in connection 
with major disaster or emergency funds. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2007 
Mr. CHABOT (for himself, Mr. SMITH of Texas, Mr. GALLEGLY, Mr. COBLE, 
Mr. FRANKS of Arizona, and Mr. PENCE) introduced the following bill; 
which was 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. 
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 ‘‘Emergency and Dis-
aster Assistance Fraud Penalty Enhancement Act of 
2007’’. 
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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 fol-
lowing: 
‘‘§ 1039. Fraud in connection with major disaster or 
emergency benefits 
‘‘(a) Whoever, in a circumstance described in sub-
section (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, trans-
ported, transmitted, transferred, disbursed, or paid in con-
nection with a major disaster declaration under section 
401 of the Disaster Relief Act of 1974, or an emergency 
declaration under section 501 of the Disaster Relief Act 
of 1974, or in connection with any procurement of prop-
erty or services related to any emergency or disaster dec-
laration 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 
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(1) promulgate sentencing guidelines or amend 
existing sentencing guidelines to provide for in-
creased penalties for persons convicted of fraud or 
theft offenses in connection with a major disaster 
declaration under section 5170 of title 42, United 
States Code, or an emergency declaration under sec-
tion 5191 of title 42, United States Code; and 
(2) submit to the Committees on the Judiciary 
of the United States Congress an explanation of ac-
tions taken by the Commission pursuant to para-
graph (1) and any additional policy recommenda-
tions the Commission may have for combating of-
fenses 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 of-
fenses 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, includ-
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ing circumstances for which the sentencing guide-
lines 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 sec-
tion as soon as practicable, and in any event not later than 
the 30 days after the date of the 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. 
Æ 
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