I

106TH CONGRESS

2D SESSION S. 3164

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 25, 2000

Referred to the Committee on the Judiciary, and in addition to the Committee

on Commerce, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

AN ACT

To protect seniors from fraud.

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 ‘‘Protecting Seniors

5 From Fraud Act’’.
2

S 3164 RFH

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) Older Americans are among the most rap4 idly growing segments of our society.

5 (2) Our Nation’s elderly are too frequently the

6 victims of violent crime, property crime, and con7 sumer and telemarketing fraud.

8 (3) The elderly are often targeted and retar9 geted in a range of fraudulent schemes.

10 (4) The TRIAD program, originally sponsored

11 by the National Sheriffs’ Association, International

12 Association of Chiefs of Police, and the American

13 Association of Retired Persons unites sheriffs, police

14 chiefs, senior volunteers, elder care providers, fami15 lies, and seniors to reduce the criminal victimization

16 of the elderly.

17 (5) Congress should continue to support

18 TRIAD and similar community partnerships that

19 improve the safety and quality of life for millions of

20 senior citizens.

21 (6) There are few other community-based ef22 forts that forge partnerships to coordinate criminal

23 justice and social service resources to improve the

24 safety and security of the elderly.
3

S 3164 RFH

1 (7) According to the National Consumers

2 League, telemarketing fraud costs consumers nearly

3 $40,000,000,000 each year.

4 (8) Senior citizens are often the target of tele5 marketing fraud.

6 (9) Fraudulent telemarketers compile the

7 names of consumers who are potentially vulnerable

8 to telemarketing fraud into the so-called ‘‘mooch

9 lists’’.

10 (10) It is estimated that 56 percent of the

11 names on such ‘‘mooch lists’’ are individuals age 50

12 or older.

13 (11) The Federal Bureau of Investigation and

14 the Federal Trade Commission have provided re15 sources to assist private-sector organizations to oper16 ate outreach programs to warn senior citizens whose

17 names appear on confiscated ‘‘mooch lists’’.

18 (12) The Administration on Aging was formed,

19 in part, to provide senior citizens with the resources,

20 information, and assistance their special cir21 cumstances require.

22 (13) The Administration on Aging has a system

23 in place to inform senior citizens of the dangers of

24 telemarketing fraud.
4

S 3164 RFH

1 (14) Senior citizens need to be warned of the

2 dangers of telemarketing fraud before they become

3 victims of such fraud.

4 SEC. 3. SENIOR FRAUD PREVENTION PROGRAM.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to the Attorney General

7 $1,000,000 for each of the fiscal years 2001 through 2005

8 for programs for the National Association of TRIAD.

9 (b) COMPTROLLER GENERAL.—The Comptroller

10 General of the United States shall submit to Congress a

11 report on the effectiveness of the TRIAD program 180

12 days prior to the expiration of the authorization under this

13 Act, including an analysis of TRIAD programs and activi14 ties; identification of impediments to the establishment of

15 TRIADS across the Nation; and recommendations to im16 prove the effectiveness of the TRIAD program.

17 SEC. 4. DISSEMINATION OF INFORMATION.

18 (a) IN GENERAL.—The Secretary of Health and

19 Human Services, acting through the Assistant Secretary

20 of Health and Human Services for Aging, shall provide

21 to the Attorney General of each State and publicly dis22 seminate in each State, including dissemination to area

23 agencies on aging, information designed to educate senior

24 citizens and raise awareness about the dangers of fraud,

25 including telemarketing and sweepstakes fraud.
5

S 3164 RFH

1 (b) INFORMATION.—In carrying out subsection (a),

2 the Secretary shall—

3 (1) inform senior citizens of the prevalence of

4 telemarketing and sweepstakes fraud targeted

5 against them;

6 (2) inform senior citizens how telemarketing

7 and sweepstakes fraud work;

8 (3) inform senior citizens how to identify tele9 marketing and sweepstakes fraud;

10 (4) inform senior citizens how to protect them11 selves against telemarketing and sweepstakes fraud,

12 including an explanation of the dangers of providing

13 bank account, credit card, or other financial or per14 sonal information over the telephone to unsolicited

15 callers;

16 (5) inform senior citizens how to report sus17 pected attempts at or acts of fraud;

18 (6) inform senior citizens of their consumer

19 protection rights under Federal law; and

20 (7) provide such other information as the Sec21 retary considers necessary to protect senior citizens

22 against fraudulent telemarketing and sweepstakes

23 promotions.

24 (c) MEANS OF DISSEMINATION.—The Secretary shall

25 determine the means to disseminate information under
6

S 3164 RFH

1 this section. In making such determination, the Secretary

2 shall consider—

3 (1) public service announcements;

4 (2) a printed manual or pamphlet;

5 (3) an Internet website;

6 (4) direct mailings; and

7 (5) telephone outreach to individuals whose

8 names appear on so-called ‘‘mooch lists’’ confiscated

9 from fraudulent marketers.

10 (d) PRIORITY.—In disseminating information under

11 this section, the Secretary shall give priority to areas with

12 high incidents of fraud against senior citizens.

13 SEC. 5. STUDY OF CRIMES AGAINST SENIORS.

14 (a) IN GENERAL.—The Attorney General shall con15 duct a study relating to crimes against seniors, in order

16 to assist in developing new strategies to prevent and other17 wise reduce the incidence of those crimes.

18 (b) ISSUES ADDRESSED.—The study conducted

19 under this section shall include an analysis of—

20 (1) the nature and type of crimes perpetrated

21 against seniors, with special focus on—

22 (A) the most common types of crimes that

23 affect seniors;
7

S 3164 RFH

1 (B) the nature and extent of tele2 marketing, sweepstakes, and repair fraud

3 against seniors; and

4 (C) the nature and extent of financial and

5 material fraud targeted at seniors;

6 (2) the risk factors associated with seniors who

7 have been victimized;

8 (3) the manner in which the Federal and State

9 criminal justice systems respond to crimes against

10 seniors;

11 (4) the feasibility of States establishing and

12 maintaining a centralized computer database on the

13 incidence of crimes against seniors that will promote

14 the uniform identification and reporting of such

15 crimes;

16 (5) the effectiveness of damage awards in court

17 actions and other means by which seniors receive re18 imbursement and other damages after fraud has

19 been established; and

20 (6) other effective ways to prevent or reduce the

21 occurrence of crimes against seniors.

22 SEC. 6. INCLUSION OF SENIORS IN NATIONAL CRIME VIC23 TIMIZATION SURVEY.

24 Beginning not later than 2 years after the date of

25 enactment of this Act, as part of each National Crime Vic-
8

S 3164 RFH

1 timization Survey, the Attorney General shall include sta2 tistics relating to—

3 (1) crimes targeting or disproportionately af4 fecting seniors;

5 (2) crime risk factors for seniors, including the

6 times and locations at which crimes victimizing sen7 iors are most likely to occur; and

8 (3) specific characteristics of the victims of

9 crimes who are seniors, including age, gender, race

10 or ethnicity, and socioeconomic status.

11 SEC. 7. STATE AND LOCAL GOVERNMENT OUTREACH.

12 It is the sense of Congress that State and local gov13 ernments should fully incorporate fraud avoidance infor14 mation and programs into programs that provide assist15 ance to the aging.

Passed the Senate October 24 (legislative day, September 22), 2000.

Attest: GARY SISCO,

Secretary.