[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1847 Referred in Senate (RFS)]

  1st Session
                                H. R. 1847


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                   IN THE SENATE OF THE UNITED STATES

                              July 9, 1997

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
    To improve the criminal law relating to fraud against consumers.

    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 ``Telemarketing Fraud Prevention Act 
of 1997''.

SEC. 2. FORFEITURE OF FRAUD PROCEEDS.

    Section 982(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(8) The Court, in sentencing a defendant for an offense under 
section 2326, shall order that the defendant forfeit to the United 
States any real or personal property--
            ``(A) used or intended to be used to commit or to promote 
        the commission of such offense, if the court in its discretion 
        so determines, taking into consideration the nature, scope, and 
        proportionality of the use of the property in the 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.''.

SEC. 3. SENTENCING GUIDELINES CHANGES.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall review and 
amend the sentencing guidelines to provide a sentencing enhancement for 
any offense listed in section 2326 of title 18, United States Code--
            (1) by at least 4 levels if the circumstances authorizing 
        an additional term of imprisonment under section 2326(1) are 
        present; and
            (2) by at least 8 levels if the circumstances authorizing 
        an additional term of imprisonment under section 2326(2) are 
        present.

SEC. 4. INCREASED PUNISHMENT FOR USE OF FOREIGN LOCATION TO EVADE 
              PROSECUTION.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall amend the 
sentencing guidelines to increase the offense level for any fraud 
offense by at least 2 levels if the defendant conducted activities to 
further the fraud from a foreign country.

SEC. 5. SENTENCING COMMISSION DUTIES.

    The Sentencing Commission shall ensure that the sentences, 
guidelines, and policy statements for offenders convicted of offenses 
described in sections 3 and 4 are appropriately severe and reasonably 
consistent with other relevant directives and with other guidelines.

SEC. 6. CLARIFICATION OF ENHANCEMENT OF PENALTIES.

    Section 2327(a) of title 18, United States Code, is amended by 
striking ``under this chapter'' and inserting ``for which an enhanced 
penalty is provided under section 2326 of this title''.

SEC. 7. 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''.

            Passed the House of Representatives July 8, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.