Q: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Telemarketing Fraud Prevention Act
of 1998''.

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; and
(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 the 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
the enactment of the Telemarketing Fraud Prevention Act of 1998, 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 ''or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ''; 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 defined in section 2325 of this
title).''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
A:
Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to require the court, in sentencing a defendant for specified offenses of fraud involving telemarketing, or conspiracies to commit such offenses, to order that the defendant forfeit to the United States any real or personal property: (1) used or intended to be used in the commission of such offense; and (2) constituting, derived from, or traceable to the gross proceeds of the offense.
(Sec. 3) Requires (current law permits) persons convicted of fraud in connection with telemarketing to be imprisoned for specified terms in addition to any term imposed for the fraud.
(Sec. 4) Makes telemarketing fraud enhanced penalty provisions applicable to conspiracies to commit such offenses.
(Sec. 5) Revises mandatory restitution provisions under the code to: (1) direct the court to order restitution to all victims of any offense of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) define "victim" to have the meaning given that term in code provisions regarding orders of restitution.
(Sec. 6) Directs the United States Sentencing Commission to: (1) promulgate Federal sentencing guidelines or amend existing guidelines and policy statements, if appropriate (in accordance with specified requirements), to provide for substantially increased penalties for persons convicted of offenses of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) submit to the Congress an explanation of each action taken and any additional policy recommendations for combating such offenses.
(Sec. 7) Prohibits use of the name "United States Marshals Service" or specified derivations thereof in a manner reasonably calculated to convey endorsement, approval, or authorization by the Service except with the written permission of the Director of the Service.
(Sec. 8) Directs a provider of an electronic communication or remote computing service to disclose records or information pertaining to a subscriber to or customer of such service to a governmental entity when such entity submits a formal written request, relevant to a law enforcement investigation concerning telemarketing fraud.