[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1847 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      November 9, 1997.
      Resolved, That the bill from the House of Representatives (H.R. 
1847) entitled ``An Act to improve the criminal law relating to fraud 
against consumers.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telemarketing Fraud Prevention Act 
of 1997''.

SEC. 2. CRIMINAL FORFEITURE OF FRAUD PROCEEDS.

    Section 982 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating the second paragraph 
                designated as paragraph (6) as paragraph (7); and
                    (B) by adding at the end the following:
    ``(8) The Court, in sentencing a defendant convicted of an offense 
under section 1028, 1029, 1341, 1342, 1343, or 1344, or of a conspiracy 
to commit such an offense, if the offense involves telemarketing (as 
that term is defined in section 2325), shall order that the defendant 
forfeit to the United States any real or personal property--
            ``(A) used or intended to be used to commit, to facilitate, 
        or to promote the commission of such offense; and
            ``(B) constituting, derived from, or traceable to the gross 
        proceeds that the defendant obtained directly or indirectly as 
        a result of the offense.''; and
            (2) in subsection (b)(1)(A), by striking ``(a)(1) or 
        (a)(6)'' and inserting ``(a)(1), (a)(6), or (a)(8)''.

SEC. 3. PENALTY FOR TELEMARKETING FRAUD.

    Section 2326 of title 18, United States Code, is amended by 
striking ``may'' each place it appears and inserting ``shall''.

SEC. 4. ADDITION OF CONSPIRACY OFFENSES TO SECTION 2326 ENHANCEMENT.

    Section 2326 of title 18, United States Code, is amended by 
inserting ``, or a conspiracy to commit such an offense,'' after ``or 
1344''.

SEC. 5. CLARIFICATION OF MANDATORY RESTITUTION.

    Section 2327 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``for any offense under 
        this chapter'' and inserting ``to all victims of any offense 
        for which an enhanced penalty is provided under section 2326''; 
        and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Victim Defined.--In this section, the term `victim' has the 
meaning given that term in section 3663A(a)(2).''.

SEC. 6. AMENDMENT OF FEDERAL SENTENCING GUIDELINES.

    (a) Definition of Telemarketing.--In this section, the term 
``telemarketing'' has the meaning given that term in section 2326 of 
title 18, United States Code.
    (b) Directive To Sentencing Commission.--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 shall--
            (1) promulgate Federal sentencing guidelines or amend 
        existing sentencing guidelines (and policy statements, if 
        appropriate) to provide for substantially increased penalties 
        for persons convicted of offenses described in section 2326 of 
        title 18, United States Code, as amended by this Act, in 
        connection with the conduct of telemarketing;
            (2) submit to Congress an explanation of each action taken 
        under paragraph (1) and any additional policy recommendations 
        for combating the offenses described in that paragraph.
    (c) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the guidelines and policy statements 
        promulgated or amended pursuant to subsection (b)(1) and any 
        recommendations submitted thereunder reflect the serious nature 
        of the offenses;
            (2) provide an additional appropriate sentencing 
        enhancement if offense involved sophisticated means, including 
        but not limited to sophisticated concealment efforts, such as 
        perpetrating the offense from outside the United States;
            (3) provide an additional appropriate sentencing 
        enhancement for cases in which a large number of vulnerable 
        victims, including but not limited to victims described in 
        section 2326(2) of title 18, United States Code, are affected 
        by a fraudulent scheme or schemes;
            (4) ensure that guidelines and policy statements 
        promulgated or amended pursuant to subsection (b)(1) are 
        reasonably consistent with other relevant statutory directives 
        to the Commission and with other guidelines;
            (5) account for any aggravating or mitigating circumstances 
        that might justify upward or downward departures;
            (6) ensure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code; and
            (7) take any other action the Commission considers 
        necessary to carry out this section.
    (d) Emergency Authority.--The Commission shall promulgate the 
guidelines or amendments provided for under this subsection as soon as 
practicable, and in any event not later than 120 days after the date of 
enactment of the Telemarketing Fraud Prevention Act of 1997, in 
accordance with the procedures set forth in section 21(a) of the 
Sentencing Reform Act of 1987, as though the authority under that 
authority had not expired, except that the Commission shall submit to 
Congress the emergency guidelines or amendments promulgated under this 
section, and shall set an effective date for those guidelines or 
amendments not earlier than 30 days after their submission to Congress.

SEC. 7. FALSE ADVERTISING OR MISUSE OF NAME TO INDICATE UNITED STATES 
              MARSHALS SERVICE.

    Section 709 of title 18, United States Code, is amended by 
inserting after the thirteenth undesignated paragraph the following:
    ``Whoever, except with the written permission of the Director of 
the United States Marshals Service, knowingly uses the words `United 
States Marshals Service', `U.S. Marshals Service', `United States 
Marshal', `U.S. Marshal', `U.S.M.S.', or any colorable imitation of any 
such words, or the likeness of a United States Marshals Service badge, 
logo, or insignia on any item of apparel, in connection with any 
advertisement, circular, book, pamphlet, software, or other 
publication, or any play, motion picture, broadcast, telecast, or other 
production, in a manner that is reasonably calculated to convey the 
impression that the wearer of the item of apparel is acting pursuant to 
the legal authority of the United States Marshals Service, or to convey 
the impression that such advertisement, circular, book, pamphlet, 
software, or other publication, or such play, motion picture, 
broadcast, telecast, or other production, is approved, endorsed, or 
authorized by the United States Marshals Service;''.

SEC. 8. DISCLOSURE OF CERTAIN RECORDS FOR INVESTIGATIONS OF 
              TELEMARKETING FRAUD.

    Section 2703(c)(1)(B) of title 18, United States Code, is amended--
            (1) by striking out ``or'' at the end of clause (ii);
            (2) by striking out the period at the end of clause (iii) 
        and inserting in lieu thereof ``; or''; and
            (3) by adding at the end the following:
            ``(iv) submits a formal written request relevant to a law 
        enforcement investigation concerning telemarketing fraud for 
        the name, address, and place of business of a subscriber or 
        customer of such provider, which subscriber or customer is 
        engaged in telemarketing (as such term is in section 2325 of 
        this title).''.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                               H. R. 1847

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                               AMENDMENT