I 
108TH CONGRESS 
1ST SESSION H. R. 3673
To prohibit profiteering and fraud relating to military action, relief, and 
reconstruction efforts in Iraq, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 8, 2003
Mr. EMANUEL (for himself, Mr. DEFAZIO, Ms. DELAURO, Mr. SANDERS, Mr. 
GEORGE MILLER of California, Mr. MCGOVERN, Mr. HINCHEY, Mr. 
RYAN of Ohio, Mr. GRIJALVA, Mr. ISRAEL, Ms. KILPATRICK, Ms. LEE, 
Mr. STARK, Ms. SLAUGHTER, Ms. SCHAKOWSKY, Mr. FROST, and Mr. 
MEEHAN) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To prohibit profiteering and fraud relating to military action, 
relief, and reconstruction efforts in Iraq, 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 ‘‘War Profiteering Pre-
vention Act of 2003’’. 
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 following: 
‘‘§ 1037. War profiteering and fraud relating to mili-
tary action, relief, and reconstruction ef-
forts in Iraq 
‘‘(a) PROHIBITION.—
‘‘(1) IN GENERAL.—Whoever, in any matter in-
volving a contract or the provision of goods or serv-
ices, directly or indirectly, in connection with the 
war, military action, or relief or reconstruction ac-
tivities in Iraq, knowingly and willfully—
‘‘(A) executes or attempts to execute a 
scheme or artifice to defraud the United States 
or Iraq; 
‘‘(B) falsifies, conceals, or covers up by 
any trick, scheme, or device a material fact; 
‘‘(C) 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 ma-
terially false, fictitious, or fraudulent statement 
or entry; or 
‘‘(D) materially overvalues any good or 
service with the specific intent to excessively
profit from the war, military action, or relief or 
reconstruction activities in Iraq; 
shall be fined under paragraph (2), imprisoned not 
more than 20 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 
‘‘(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:
‘‘1037. War profiteering and fraud relating to military action, relief, and recon-
struction efforts in Iraq.’’.
(b) EXPIRATION OF AUTHORITIES.—The authorities 
provided for under this Act shall expire upon the date that 
major combat operations in Iraq cease and desist, the Coa-
lition Provisional Authority transfers responsibility for 
governing Iraq to an indigenous Iraqi government, and a 
United States mission to Iraq, under the direction and 
guidance of the Secretary of State, is responsible for 
United States assistance efforts in Iraq. This subsection 
shall not limit or repeal any additional authorities pro-
vided by law. 
(c) CIVIL FORFEITURE.—Section 981(a)(1)(C) of 
title 18, United States Code, is amended by inserting 
‘‘1037,’’ after ‘‘1032,’’. 
(d) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) 
of title 18, United States Code, is amended by striking 
‘‘or 1030’’ and inserting ‘‘1030, or 1037’’. 
(e) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by inserting the 
following: ‘‘, section 1037 (relating to war profiteering and 
fraud relating to military action, relief, and reconstruction 
efforts in Iraq),’’ after ‘‘liquidating agent of financial in-
stitution),’’.
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