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 follow-
ing:
‘‘§ 3581. Mandatory sentence for felony against indi-
vidual 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 im-
prisonment less than that which would have been
imposed under subsection (a) of this section in con-
nection with any charged offense.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 227 of title 18, United States Code, is amend-
ed 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 PRO-
CEDURE.—
(1) Rule 32(c) of the Federal Rules of Criminal
Procedure is amended—
(A) by adding at the end of the first para-
graph in paragraph (1) the following new sen-
tence: ‘‘Neither the defendant nor the court
may waive a presentence investigation and re-
port 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 of-
fense 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 prohibit-
ing that conduct, be subject to the penalty of death. When
the Government seeks a sentence of death under this sec-
tion, 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 EN-
FORCEMENT CENTER.—The Federal Trade Commission
shall participate in, and be on the receiving list of law en-
forcement 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: ‘‘When-
ever 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 with-
out 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 ini-
tiated 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 Pro-
cedure.’’.
SEC. 202. SENTENCING GUIDELINES.
(a) FRAUD AND DECEIT.—The United States Sen-
tencing 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 Sentenc-
ing Commission shall amend its sentencing guidelines re-
lating 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 determin-
ing 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 NA-
TIONAL 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 vic-
tims 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 sup-
port staff to be assigned to the prosecution of consumer
fraud and for law enforcement and consumer fraud edu-
cation 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 of-
fense listed in subsection (a)(1)(D)’’ and insert-
ing ‘‘(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 con-
stitutes, 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 con-
victed 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 provi-
sions 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 restitu-
tion 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 ini-
tiated 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 Pro-
cedure.’’.
SEC. 207. UNIFORM LAWS GOVERNING LICENSING OF
HOME REPAIR CONTRACTORS, MORTGAGE
COMPANIES, AND PRIZE GIVEAWAY COMPA-
NIES.
The Attorney General, in consultation with the Amer-
ican Law Institute, the National Conference of Commis-
sioners on Uniform State Laws, or other interested per-
sons, shall prepare model State law on each of the follow-
ing 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 cou-
rier 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 serv-
ice’’ 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:
‘‘§ 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 intangi-
ble 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 SECU-
RITY 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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