US Codex
Bill
Notes

Title I — Federal Prosecution of Abuse and Exploitation Directed at Elders

S. 1663 · 114th Congress · Jun 24, 2015 · Lineage

I Federal Prosecution of Abuse and Exploitation Directed at Elders

Sec. 101 Enhanced penalty for telemarketing and email-marketing fraud directed at elders

(a)
In general— Chapter 113A of title 18, United States Code, is amended—
(1)
in the chapter heading by inserting “AND EMAIL MARKETING” after “TELEMARKETING”;
(2)
by striking section 2325 and inserting the following:

“2325. Definition

“In this chapter, the term telemarketing or email marketing—

“(1) means a plan, program, promotion, or campaign that is conducted to induce—

“(A) purchases of goods or services;

“(B) participation in a contest or sweepstakes;

“(C) a charitable contribution, donation, or gift of money or any other thing of value;

“(D) investment for financial profit;

“(E) participation in a business opportunity;

“(F) commitment to a loan; or

“(G) participation in a fraudulent medical study, research study, or pilot study, by use of 1 or more interstate telephone calls, emails, text messages, or electronic instant messages initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor, donor, or investor; and

“(2) does not include the solicitation through the posting, publication, or mailing of a catalog or brochure that—

“(A) contains a written description or illustration of the goods, services, or other opportunities being offered;

“(B) includes the business address of the solicitor;

“(C) includes multiple pages of written material or illustration; and

“(D) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone, email, text message, or electronic instant message, but only receives interstate telephone calls, emails, text messages, or electronic instant messages initiated by customers in response to the written materials, whether in hard copy or digital format, and in response to those interstate telephone calls, emails, text messages, or electronic instant messages does not conduct further solicitation.”

(3)
in section 2326, in the matter preceding paragraph (1)—
(A)
by striking “or 1344” and inserting “1344, or 1347 or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b)”; and
(B)
by inserting “or email marketing” after “telemarketing”.
(b)
Technical and conforming amendment— The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 113A and inserting the following:

Sec. 102 Data collection

(a)
In general— The Attorney General, in consultation with the Secretary of Health and Human Services, shall, on an annual basis—
(1)
identify common data points among Federal, State, and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data;
(2)
collect from Federal, State, and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse, including data relating to—
(A)
the number of elder abuse cases referred to law enforcement agencies or any other State entity tasked with addressing elder abuse;
(B)
the number and types of cases filed in Federal, State, and local courts; and
(C)
the outcomes of the cases described in subparagraphs (A) and (B);
(3)
publish a summary of the data collected under paragraphs (1) and (2);
(4)
identify—
(A)
the types of data relevant to elder abuse that should be collected; and
(B)
what entity is most capable of collecting the data described in subparagraph (A); and
(5)
develop recommendations for collecting additional data relating to elder abuse, including recommendations for ways to improve data reporting across Federal, State, and local agencies so that direct service providers can more easily meet data reporting requirements.
(b)
HHS Requirement— The Secretary of Health and Human Services shall, on an annual basis, provide to the Attorney General, statistical data collected by the Secretary of Health and Human Services relating to the number of elder abuse cases referred to adult protective services, which shall be included in the summary published under subsection (a)(3).
(c)
Prohibition on individual data— None of the information reported under this section shall include specific individual identifiable data.