[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3501 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3501

 To impose mandatory sentence for crimes of violence and fraud against 
senior citizens, to provide for the death penalty for the homicide of a 
                senior citizen, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 10, 1993

Mr. Manton introduced the following bill; which was referred jointly to 
the Committees on the Judiciary, Energy and Commerce, Banking, Finance 
                 and Urban Affairs, and Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To impose mandatory sentence for crimes of violence and fraud against 
senior citizens, to provide for the death penalty for the homicide of a 
                senior citizen, and for other purposes.

    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 ``Senior Citizen Protection Act of 
1993''.

                        TITLE I--VIOLENT CRIMES

SEC. 101. MANDATORY PRISON TERMS.

    (a) In General.--Chapter 227 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3581. Mandatory sentence for felony against individual of age 
              sixty-five or over
    ``(a) Upon conviction of any Federal felony crime of violence, if 
any victim of such crime is an individual who had attained the age of 
65 years on or before the date that the offense was committed, the 
court shall sentence the defendant to imprisonment--
            ``(1) for a term of not less than three fourths of the 
        maximum term of imprisonment provided for such crime, in the 
        case of a first offense to which this section is applicable; 
        and
            ``(2) for a term of not less than the maximum term of 
        imprisonment provided for such crime, in the case of a second 
        or subsequent offense to which this section is applicable.
    ``(b) Notwithstanding any other provision of law, with respect to a 
sentence imposed under subsection (a) of this section--
            ``(1) the court shall not suspend such sentence;
            ``(2) the court shall not give the defendant a probationary 
        sentence;
            ``(3) such sentence shall be served consecutively to any 
        other sentence imposed for a Federal offense; and
            ``(4) the court shall reject any plea agreement which would 
        result in the imposition of a term of imprisonment less than 
        that which would have been imposed under subsection (a) of this 
        section in connection with any charged offense.''.
    (b) Clerical Amendment.--The table of sections for chapter 227 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``3581. Mandatory sentence for felony against individual of age sixty-
                            five or over.''.
    (c) Conforming Amendments to Rules of Procedure.--
            (1) Rule 32(c) of the Federal Rules of Criminal Procedure 
        is amended--
                    (A) by adding at the end of the first paragraph in 
                paragraph (1) the following new sentence: ``Neither the 
                defendant nor the court may waive a presentence 
                investigation and report unless there is in the record 
                information sufficient for the court to determine 
                whether a mandatory sentence must be imposed pursuant 
                to title 18, United States Code, section 3581.''; and
                    (B) in paragraph (2)(D), by inserting after ``the 
                offense'' the following: ``and information relating to 
                whether any victim of the offense had attained age 65 
                on the date that the offense was committed''.
            (2) Rule 11(e)(1) of the Federal Rules of Criminal 
        Procedure is amended by striking out ``The'' after ``In 
        General.'' and inserting in lieu thereof ``Except as provided 
        in title 18, United States Code, section 3581, the''.

SEC. 102. DEATH PENALTY.

    In any case in which Federal law punishes conduct that is murder in 
the first degree, as defined in section 1111 of title 18, United States 
Code, shall, in addition to any penalties imposed by the provision of 
law prohibiting that conduct, be subject to the penalty of death. When 
the Government seeks a sentence of death under this section, the 
procedures with respect to death penalties under section 903 of the 
Federal Aviation Act of 1958 shall, as nearly as may be, apply with 
respect to death penalties under this section.

                            TITLE II--FRAUD

SEC. 201. FEDERAL TRADE COMMISSION.

    (a) Participation in the Financial Crimes Enforcement Center.--The 
Federal Trade Commission shall participate in, and be on the receiving 
list of law enforcement products of, the Financial Crimes Enforcement 
Center of the Department of the Treasury.
    (b) Venue.--Subsections (a) and (b) of section 13 of the Federal 
Trade Commission Act (15 U.S.C. 53) are each amended by adding at the 
end the following: ``Whenever it appears to the court that the 
interests of justice require that any other person, partnership, or 
corporation should be a party in such suit, the court may cause such 
person, partnership, or corporation to be summoned without regard to 
whether they reside or transact business in the district in which the 
suit is brought, and to that end process may be served wherever the 
person, partnership, or corporation may be found.''.
    (c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal 
Trade Commission Act (15 U.S.C. 56(a)(1)) is amended--
            (1) in subparagraph (A) by striking ``civil'' the first 
        place it appears and inserting in lieu thereof ``Federal 
        court''; and
            (2) by adding at the end the following: ``The Commission 
        may bring a criminal contempt action for violations of orders 
        obtained in cases brought under section 13(b) of this Act in 
        the same manner as civil penalty and other Federal court 
        actions to which this subsection applies. Such cases may be 
        initiated by the Commission on its own complaint, or pursuant 
        to its acceptance of an appointment by a court to assist it in 
        enforcing such orders pursuant to Rule 42(b) of the Federal 
        Rules of Criminal Procedure.''.

SEC. 202. SENTENCING GUIDELINES.

    (a) Fraud and Deceit.--The United States Sentencing Commission 
shall amend its sentencing guidelines relating to fraud and deceit so 
as to provide for increases in offense levels based on the number of 
persons that the offender has victimized.
    (b) Elderly Victims.--The United States Sentencing Commission shall 
amend its sentencing guidelines relating to vulnerable victims so as to 
provide that if the offender knew or should have known that the victim 
was 65 years of age or old, the offense level shall be increased by 7 
levels.

SEC. 203. MANDATORY RESTITUTION.

    (a) Order of Restitution.--Section 3663(a) of title 18, United 
States Code, is amended by striking ``may order'' and inserting ``shall 
order''.
    (b) Procedure.--Section 3664(a) of title 18, United States Code, is 
amended by striking ``in determining whether to order restitution under 
section 3663 of this title and the amount of such restitution'' and 
inserting ``in determining the amount of restitution under section 
3663''.

SEC. 204. SENSE OF CONGRESS CONCERNING THE NATIONAL TELEMARKETING FRAUD 
              WORKING GROUP.

    It is the sense of Congress that--
            (1) all United States Attorneys should regularly enter 
        information on telemarketing fraud into the database of the 
        National Telemarketing Fraud Working Group; and
            (2) the National Telemarketing Fraud Working Group and the 
        States should continue to cooperate with each other in 
        coordinating the prosecution of offenders in venues that are 
        convenient to the victims of their offenses.

SEC. 205. CONSUMER AND ANTI-FRAUD ACTIVITIES.

    The Attorney General shall designate 50 existing full-time 
equivalent positions for attorneys and sufficient support staff to be 
assigned to the prosecution of consumer fraud and for law enforcement 
and consumer fraud education programs.

SEC. 206. FORFEITURES.

    (a) Civil Forfeiture.--Section 981 of title 18, United States Code, 
is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (D) by inserting ``(i)'' before 
                ``Any'' and redesignating clauses (i), (ii), (iii), 
                (iv), (v), and (vi) as subclauses (I), (II), (III), 
                (IV), (V), and (VI), respectively;
                    (B) by striking ``(E) With respect to an offense 
                listed in subsection (a)(1)(D)'' and inserting ``(ii) 
                With respect to an offense described in clause (i)''; 
                and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(E) Any property, real or personal, that constitutes, 
        represents, is derived from, or is traceable to the proceeds of 
        a violation of section 1029, 1341, or 1343 of this title if 
        such violation relates to crimes against individuals 65 years 
        of age or older. Notwithstanding the provisions of section 524 
        of title 28, United States Code, up to 25 percent of the 
        amounts forfeited pursuant to this subparagraph for an offense 
        may be used to provide restitution to any victim of the 
        offense.''.
    (b) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended by adding at the end thereof the following:
    ``(5) The court, in imposing sentence on a person convicted of a 
violation of, or a conspiracy to violate, section 1029, 1341 or 1343 of 
this title, affecting an individual 65 years of age or older, shall 
order that the person forfeit to the United States any property 
constituting, or derived from, proceeds the person obtained directly or 
indirectly, as the result of such violation. Notwithstanding the 
provisions of section 524 of title 28, United States Code, up to 25 
percent of the amounts forfeited pursuant to this paragraph for an 
offense may be used to provide restitution to any victim of the 
offense.''.
    (c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal 
Trade Commission Act (15 U.S.C. 56(a)(1)) is amended--
            (1) in subparagraph (A) by striking ``civil'' the first 
        place it appears and inserting in lieu thereof ``Federal 
        court''; and
            (2) by adding at the end the following: ``The Commission 
        may bring a criminal contempt action for violations of orders 
        obtained in cases brought under section 13(b) of this Act in 
        the same manner as civil penalty and other Federal court 
        actions to which this subsection applies. Such cases may be 
        initiated by the Commission on its own complaint, or pursuant 
        to its acceptance of an appointment by a court to assist it in 
        enforcing such orders pursuant to Rule 42(b) of the Federal 
        Rules of Criminal Procedure.''.

SEC. 207. UNIFORM LAWS GOVERNING LICENSING OF HOME REPAIR CONTRACTORS, 
              MORTGAGE COMPANIES, AND PRIZE GIVEAWAY COMPANIES.

    The Attorney General, in consultation with the American Law 
Institute, the National Conference of Commissioners on Uniform State 
Laws, or other interested persons, shall prepare model State law on 
each of the following subjects:
            (1) Licensing of home repair contractors.
            (2) Licensing of mortgage companies.
            (3) Licensing of prize giveaway companies.

SEC. 208. MAIL FRAUD.

    (a) Offense.--Section 1341 of title 18, United States Code, is 
amended--
            (1) by inserting ``or places in any private courier service 
        office or authorized depository for receipt of matter to be 
        delivered by private courier service,'' after ``mail matter,'';
            (2) by inserting ``or by a private courier service'' after 
        ``Postal Service''; and
            (3) by inserting ``or private courier service'' after ``by 
        mail''.
    (b) Definition.--
            (1) Private courier service.--Section 1346 of title 18, 
        United States Code, is amended to read as follows:
``Sec. 1346. Definitions
    ``In this chapter--
            ```private courier service' means a private entity 
        providing services provided by the United States Postal 
        Service.
            ```scheme or artifice to defraud' includes a scheme or 
        artifice to deprive another of the intangible right of honest 
        services.''.
            (2) Technical amendment.--The chapter analysis for chapter 
        63 of title 18, United States Code, is amended by striking the 
        item for section 1346 and inserting the following item:

``1346. Definitions.''.

SEC. 209. STUDY ON MEDICAID FRAUD AND SOCIAL SECURITY FRAUD.

    The Social Security Administration shall conduct a study of 
Medicaid fraud and Social Security fraud. Not later than 180 days after 
the date of the enactment of this Act, the Administration shall report 
to Congress the results of that study.

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