II

107TH CONGRESS

1ST SESSION S. 1484

To prevent fraud in the solicitation of charitable contributions, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 2, 2001

Mr. MCCONNELL introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To prevent fraud in the solicitation of charitable

contributions, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Crimes Against Chari5 table Americans Act of 2001’’.

6 SEC. 2. FRAUD AND FALSE STATEMENTS.

7 Chapter 47 of title 18, United States Code, is amend8 ed by adding at the end the following:
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1 ‘‘§ 1037. Fraud and related activity in the solicitation

2 of charitable contributions

3 ‘‘(a) OFFENSE.—It shall be unlawful for any person

4 to knowingly and fraudulently solicit, cause to be solicited,

5 or receive contributions, donations, or gifts of money or

6 any other thing of value—

7 ‘‘(1) for an alleged charitable or beneficial orga8 nization, or an alleged charitable or beneficial pur9 pose; and

10 ‘‘(2) in connection with a disaster or emergency

11 which has been officially designated a Federal dis12 aster or Federal emergency by the President or any

13 other appropriate Federal official.

14 ‘‘(b) PENALTY.—A person who is convicted of an of15 fense under subsection (a)—

16 ‘‘(1) shall be fined under this title or impris17 oned for not less than 5 years, or both; and

18 ‘‘(2) shall be ordered by the court to pay res19 titution to any victim, and may be ordered to pay

20 restitution to others, who sustained losses as a result

21 of fraudulent activity of the offender under sub22 section (a).’’.

23 SEC. 3. TELEMARKETING AND CONSUMER FRAUD ABUSE.

24 The Telemarketing and Consumer Fraud and Abuse

25 Prevention Act (15 U.S.C. 6101 et seq.) is amended—
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1 (1) in section 3(a)(2), by inserting after ‘‘prac2 tices’’ the second place it appears the following:

3 ‘‘which shall include fraudulent charitable solicita4 tions, and’’;

5 (2) in section 3(a)(3)—

6 (A) in subparagraph (B), by striking

7 ‘‘and’’ at the end;

8 (B) in subparagraph (C), by striking the

9 period at the end and inserting ‘‘; and’’; and

10 (C) by adding at the end the following:

11 ‘‘(D) a requirement that any person en12 gaged in telemarketing for the solicitation of

13 charitable contributions, donations, or gifts of

14 money or any other thing of value, shall

15 promptly and clearly disclose to the person re16 ceiving the call that the purpose of the call is

17 to solicit charitable contributions, donations, or

18 gifts, and make such other disclosures as the

19 Commission considers appropriate, including

20 the name and mailing address of the charitable

21 organization on behalf of which the solicitation

22 is made.’’; and

23 (3) in section 7(4), by inserting ‘‘, or a chari24 table contribution, donation, or gift of money or any

25 other thing of value,’’ after ‘‘services’’.
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1 SEC. 4. RED CROSS MEMBERS OR AGENTS.

2 Section 917 of title 18, United States Code, is

3 amended by striking ‘‘one year’’ and inserting ‘‘5 years’’.

4 SEC. 5. TELEMARKETING FRAUD.

5 Section 2325(1) of title 18, United States Code, is

6 amended—

7 (1) in subparagraph (A), by striking ‘‘or’’ at

8 the end;

9 (2) in subparagraph (B), by striking the comma

10 at the end and inserting ‘‘; or’’;

11 (3) by inserting after subparagraph (B) the fol12 lowing:

13 ‘‘(C) a charitable contribution, donation, or

14 gift of money or any other thing of value,’’; and

15 (4) in the flush language, by inserting ‘‘or char16 itable contributor, or donor’’ after ‘‘participant’’.

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