To impose liability on State officers and employees who fail to prevent fraud, and for other purposes.

(D) Pecuniary harm.--The term ``pecuniary harm'' means harm that is monetary or that otherwise is readily measurable in money. (E) Reasonably foreseeable pecuniary harm.--The term ``reasonably foreseeable pecuniary harm'' means pecuniary harm that the fraudulent actor knew or, under the circumstances, reasonably should have known, was a potential result of the offense. SEC. 3. MANDATORY MINIMUM SENTENCES. (a) In General.--Subchapter A of chapter 227 of title 18, United States Code, is amended by inserting after section 3559 the following: ``Sec. 3559A. Mandatory minimum sentences for certain fraud offenses ``(a) Mandatory Minimum.--Notwithstanding any other provision of law, a defendant who has been found guilty of a covered fraud offense that involves a covered benefit shall be sentenced as follows with respect to criminal conduct that occurred after the date of enactment of this section: ``(1) For any violation involving loss of less than $40,000, not less than 1 year in prison, and not more than life. ``(2) For any violation involving loss of $40,000 or more but less than $250,000, not less than 2 years in prison, and not more than life. ``(3) For any violation involving loss of $250,000 or more but less than $5 million, not less than 5 years in prison, and not more than life. ``(4) For violations involving loss of $5,000,000 or more but less than $50 million, not less than 10 years in prison, and not more than life. ``(5) For violations involving loss of $50,000,000 or more but less than $100 million, not less than 15 years in prison, and not more than life. ``(6) For violations involving loss of $100,000,000 or more, not less than 20 years in prison, and not more than life. ``(b) Successive Violation.--A defendant who commits a covered fraud offense after the date on which a prior conviction for a covered fraud offence becomes final shall be sentenced to a term of imprisonment of not less than twice the applicable term under subsection (a). ``(c) No Prohibition.--Notwithstanding any other provision of law, a court may not place on probation or suspend the sentence of any person sentenced under this section. ``(d) Definitions.--In this section: ``(1) Covered benefit.--The term `covered benefit' means any benefit under-- ``(A) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); ``(B) the old-age, survivors, and disability insurance program under title II of the Social Security Act (42 U.S.C. 401 et seq.); ``(C) the State unemployment compensation programs receiving funding under title III of the Social Security Act (42 U.S.C. 501 et seq.); ``(D) the income assistance program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); ``(E) the health insurance program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); ``(F) a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or waiver of such plan); ``(G) the program under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.); or ``(H) any other program pursuant to which funds are made available to States. ``(2) Covered fraud offense.--The term `covered fraud offense' means an offense under-- ``(A) section 201, 287, 371, 513, 641, 666(a)(1)(A), 1001, 1028, 1029, 1030, 1031, 1040, 1341, 1343, 1344, 1347, 1348, or 1349 of this title; ``(B) section 208 or 1632 of the Social Security Act (42 U.S.C. 408 or 1383a); ``(C) section 15 of the Food and Nutrition Act of 2008 (7 U.S.C. 2024); or ``(D) section 6102 of title 38. ``(3) Loss.-- ``(A) In general.--The term `loss' means the greater of actual loss, intended loss, or the gain that resulted from the fraudulent conduct. ``(B) Actual loss.--The term `actual loss' means the reasonably foreseeable pecuniary harm that resulted from the fraudulent conduct. ``(C) Intended loss.--The term `intended loss' means the pecuniary harm that the fraudulent actor purposely sought to inflict, including intended pecuniary harm that would have been impossible or unlikely to occur. ``(D) Pecuniary harm.--The term `pecuniary harm' means harm that is monetary or that otherwise is readily measurable in money. ``(E) Reasonably foreseeable pecuniary harm.--The term `reasonably foreseeable pecuniary harm' means pecuniary harm that the fraudulent actor knew or, under the circumstances, reasonably should have known, was a potential result of the offense.''. (b) Clerical Amendment.--The table of sections for chapter 227 of title 18, United States Code, is amended by inserting after section 3559 the following: ``3559A. Mandatory minimum sentences for certain fraud offenses.''. <all>