Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007
PL 110-179 (S.863), enacted 01/07/2008

121 STAT. 2556 
PUBLIC LAW 110–179—JAN. 7, 2008 
Public Law 110–179 
110th Congress 
An Act 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency and Disaster Assist-
ance Fraud Penalty Enhancement Act of 2007’’. 
SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR EMER-
GENCY BENEFITS. 
(a) IN GENERAL.—Chapter 47 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 1040. Fraud in connection with major disaster or emer-
gency benefits 
‘‘(a) Whoever, in a circumstance described in subsection (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, transported, trans-
mitted, transferred, disbursed, or paid in connection with a major 
disaster declaration under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
or an emergency declaration under section 501 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5191), or in connection with any procurement of property or services 
related to any emergency or major disaster declaration 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 not more than 
30 years, or both. 
‘‘(b) A circumstance described in this subsection is any instance 
where— 
‘‘(1) 
the 
authorization, 
transportation, 
transmission, 
transfer, disbursement, or payment of the benefit is in or affects 
interstate or foreign commerce; 
‘‘(2) the benefit is transported in the mail at any point 
in the authorization, transportation, transmission, transfer, 
disbursement, or payment of that benefit; or 
18 USC 1 note. 
Emergency and 
Disaster 
Assistance Fraud 
Penalty 
Enhancement 
Act of 2007. 
Jan. 7, 2008 
[S. 863] 
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121 STAT. 2557 
PUBLIC LAW 110–179—JAN. 7, 2008 
‘‘(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, a 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 adding at the 
end the following new item: 
‘‘1040. 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 PRESIDENTIALLY DECLARED MAJOR DISASTER OR EMER-
GENCY. 
Section 1343 of title 18, United States Code, is amended by 
inserting: ‘‘occurs in relation to, or involving any benefit authorized, 
transported, transmitted, transferred, disbursed, or paid in connec-
tion with, a presidentially declared major disaster or emergency 
(as those terms are defined in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), 
or’’ after ‘‘If the violation’’. 
SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN MAIL 
FRAUD DURING AND RELATION TO A PRESIDENTIALLY 
DECLARED MAJOR DISASTER 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, transferred, disbursed, or paid in connec-
tion with, a presidentially declared major disaster or emergency 
(as those terms are defined in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), 
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 accordance with this section, 
the United States Sentencing Commission forthwith shall— 
(1) promulgate sentencing guidelines or amend existing 
sentencing guidelines to provide for increased penalties for 
persons convicted of fraud or theft offenses in connection with 
a major disaster declaration under section 401 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170) or an emergency declaration under section 501 
of the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5191); and 
(2) submit to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representa-
tives an explanation of actions taken by the Commission pursu-
ant to paragraph (1) and any additional policy recommendations 
the Commission may have for combating offenses described 
in that paragraph. 
(b) REQUIREMENTS.—In carrying out this section, the Sen-
tencing Commission shall— 
(1) ensure that the sentencing guidelines and policy state-
ments reflect the serious nature of the offenses described in 
Guidelines. 
28 USC 994 note. 
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121 STAT. 2558 
PUBLIC LAW 110–179—JAN. 7, 2008 
LEGISLATIVE HISTORY—S. 863: 
SENATE REPORTS: No. 110–69 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 153 (2007): 
Dec. 4, considered and passed Senate. 
Dec. 19, considered and passed House. 
subsection (a) and the need for aggressive and appropriate 
law enforcement action to prevent such offenses; 
(2) assure reasonable consistency with other relevant direc-
tives and with other guidelines; 
(3) account for any aggravating or mitigating circumstances 
that might justify exceptions, including circumstances for which 
the sentencing guidelines currently provide sentencing enhance-
ments; 
(4) make any necessary conforming changes to the sen-
tencing 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 section as soon as practicable, 
and in any event not later than the 30 days after the date of 
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. 
Approved January 7, 2008. 
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