I 
109TH CONGRESS 
1ST SESSION H. R. 4356 
To amend title 18, United States Code, with respect to fraud in connection 
with major disaster or emergency funds. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2005 
Mr. SENSENBRENNER 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 
2005’’.
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
under this title, imprisoned for not more than 30 years, 
or both. 
‘‘(b) The circumstance to which subsection (a) of this 
section refers is that— 
‘‘(1) the authorization, transportation, trans-
mission, transfer, disbursement, or payment of the 
benefit is in or affects interstate or foreign com-
merce; 
‘‘(2) the benefit is transported in the mail at 
any point in the authorization, transportation, trans-
mission, transfer, disbursement, or payment of that 
benefit; or 
‘‘(3) the benefit is a record, voucher, payment, 
money, or thing of value of the United States, or of 
any department or agency thereof. 
‘‘(c) In this section, the term ‘benefit’ means any 
record, voucher, payment, money or thing of value, good, 
service, right, or privilege provided by the United States, 
State or local government, or other entity.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 47 of title 18, United States Code, is amended 
by inserting at the end the following new item: 
‘‘1039. Fraud in connection with major disaster or emergency benefits.’’.
SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING 
IN WIRE, RADIO, AND TELEVISION FRAUD 
DURING 
AND 
RELATION 
TO 
A 
PRESI-
DENTIALLY DECLARED MAJOR DISASTER OR 
EMERGENCY. 
Section 1343 of title 18, United States Code, is 
amended by inserting: ‘‘occurs in relation to, or involving 
any benefit authorized, transported, transmitted, trans-
ferred, disbursed, or paid in connection with, a presi-
dentially declared major disaster or emergency, or’’ after 
‘‘If the violation’’. 
SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING 
IN MAIL FRAUD DURING AND RELATION TO A 
PRESIDENTIALLY 
DECLARED 
MAJOR 
DIS-
ASTER OR EMERGENCY. 
Section 1341 of title 18, United States Code, is 
amended by inserting: ‘‘occurs in relation to, or involving 
any benefit authorized, transported, transmitted, trans-
ferred, disbursed, or paid in connection with, a presi-
dentially declared major disaster or emergency, or’’ after 
‘‘If the violation’’. 
SEC. 5. DIRECTIVE TO SENTENCING COMMISSION. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission forthwith shall—
(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-
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