Page:United States Statutes at Large Volume 121.djvu/2577

 121 STAT. 2556

PUBLIC LAW 110–179—JAN. 7, 2008

Public Law 110–179 110th Congress An Act Jan. 7, 2008 [S. 863] Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007. 18 USC 1 note.

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 Assistance Fraud Penalty Enhancement Act of 2007’’. 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 following:

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‘‘§ 1040. Fraud in connection with major disaster or emergency 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, transmitted, 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

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