I
105TH CONGRESS
1ST SESSION
H. R. 474
To improve the criminal law relating to fraud against consumers.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 21, 1997
Mr. GOODLATTE (for himself, Mr. MCCOLLUM, Mr. BARTLETT of Maryland,
Mr. SAXTON, Mr. WELDON of Pennsylvania, Mr. CANADY of Florida, Mr.
SMITH of Texas, Mr. COBLE, Mr. SCHIFF, Mr. BOUCHER, Mrs. CUBIN,
Mr. COMBEST, Mr. GEKAS, Mr. BURR of North Carolina, Mr. EHLERS,
Mr. SMITH of Oregon, Mr. CALVERT, Mr. MCKEON, Mr. WICKER, Mr.
BARR of Georgia, Mr. JONES, Mr. MCHUGH, Mr. FOX of Pennsylvania,
Mr. WELLER, Mr. BONO, Mr. DAVIS of Virginia, Mrs. MORELLA, Mr.
GALLEGLY, Mr. CHABOT, Mr. MCINTOSH, Mr. PAXON, Mr. WAMP, Mr.
LINDER, Mr. QUINN, Mr. RIGGS, Mr. STEARNS, and Mr. BUYER) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To improve the criminal law relating to fraud against
consumers.
Be it enacted by the Senate and House of Representa-
tives 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.
(a) CIVIL.—Section 981(a)(1) of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(G) Any property, real or personal, con-
stituting, derived from, or traceable to, any pro-
ceeds obtained directly or indirectly to a viola-
tion of section 2326. Notwithstanding any other
provision of law, any property forfeited under
this subparagraph, or the proceeds of such
property, shall be used, to the extent needed, as
determined by the Attorney General, for the na-
tional information hotline established under sec-
tion 250008 of the Violent Crime Control and
Law Enforcement Act of 1994 and other en-
forcement of section 2326.’’.
(b) CRIMINAL.—Section 982(a) of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(6) The Court, in sentencing an offender
under section 2326, shall order that the offender
forfeit to the United States any real or personal
property constituting or derived from proceeds that
the offender obtained directly or indirectly as a re-
sult of the offense. Any property forfeited under this
paragraph, or the proceeds of such property, shall be
used, to the extent needed, as determined by the At-
torney General, for the national information hotline
established under section 250008 of the Violent
Crime Control and Law Enforcement Act of 1994
and other enforcement of section 2326.’’.
SEC. 3. PRIORITY FOR MANDATORY RESTITUTION.
Section 2327(a) of title 18, United States Code, is
amended by adding at the end ‘‘The payment of an
amount due pursuant to such restitution shall have prior-
ity over the payment of any fine or the forfeiture of any
property under section 982(a)(6) from which such pay-
ment could be made or derived.’’.
SEC. 4. SENTENCING IN CASES WITH VULNERABLE VIC-
TIMS.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase by 2 levels
the vulnerable victim adjustment.
SEC. 5. INCREASED PUNISHMENT FOR USE OF FOREIGN
LOCATION TO EVADE PROSECUTION.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase the offense
level for any fraud offense by 2 levels if defendant con-
ducted activities to further the fraud from a foreign coun-
try in order to impede prosecution for the offense.
SEC. 
6. 
INFORMATION 
ABOUT 
VICTIMS 
OF 
CERTAIN
CRIMES.
Any presentence report required under the Federal
Rules of Criminal Procedure shall include information
about the age of each victim of each fraud offense for
which a defendant is convicted.
Æ