I
105TH CONGRESS
2D SESSION
H. R. 3134
To warn senior citizens of the dangers of telemarketing fraud and to provide
them with information that will help them protect themselves.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 28, 1998
Mr. WEYGAND (for himself, Mr. WEXLER, Mr. KENNEDY of Rhode Island,
Mrs. MALONEY
of New York, Mr. FILNER, Mr. LAFALCE, Ms.
MILLENDER-MCDONALD, and Mr. SHAYS) introduced the following bill;
which was referred to the Committee on Commerce
A BILL
To warn senior citizens of the dangers of telemarketing fraud
and to provide them with information that will help
them protect themselves.
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 ‘‘Protection Against
Scams on Seniors Act of 1998’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) telemarketing fraud costs consumers nearly
$40,000,000,000 each year;
(2) nearly 10 percent of the 140,000 tele-
marketing firms in the United States engage in
fraud;
(3) senior citizens are often the target of tele-
marketing fraud;
(4) 
fraudulent 
telemarketers 
compile 
into
‘‘mooch lists’’ the names of potentially vulnerable
consumers;
(5) according to the American Association of
Retired Persons, 56 percent of the names on ‘‘mooch
lists’’ are individuals age 50 or older;
(6) the Department of Justice has undertaken
successful investigations and prosecutions of tele-
marketing fraud through various operations, includ-
ing ‘‘Operation Disconnect’’, ‘‘Operation Senior Sen-
tinel’’, and ‘‘Operation Upload’’;
(7) the Federal Bureau of Investigation has
helped provide resources to assist organizations such
as the American Association of Retired Persons to
operate outreach programs designed to warn senior
citizens whose names appear on confiscated ‘‘mooch
lists’’;
(8) the Administration on Aging was formed, in
part, to provide senior citizens with the resources,
information, and assistance their special cir-
cumstances require;
(9) the Administration on Aging has a system
in place to effectively inform senior citizens of the
dangers of telemarketing fraud; and
(10) senior citizens need to be warned of the
dangers of telemarketing fraud before they become
victims.
SEC. 3. PURPOSE.
It is the purpose of this Act through education and
outreach to protect senior citizens from the dangers of
telemarketing fraud and to facilitate the investigation and
prosecution of fraudulent telemarketers.
SEC. 4. DISSEMINATION OF INFORMATION.
(a) IN GENERAL.—The Secretary of Health and
Human Services, acting through the Assistant Secretary
for Aging, shall publicly disseminate in each State infor-
mation designed to educate senior citizens and raise
awareness about the dangers of telemarketing fraud.
(b) INFORMATION.—In carrying out subsection (a),
the Secretary shall—
(1) inform senior citizens of the prevalence of
telemarketing fraud targeted against them;
(2) inform senior citizens of how telemarketing
fraud works;
(3) inform senior citizens of how to identify
telemarketing fraud;
(4) inform senior citizens of how to protect
themselves against telemarketing fraud, including an
explanation of the dangers of providing bank ac-
count, credit card, or other financial or personal in-
formation over the telephone to unsolicited callers;
(5) inform senior citizens of how to report sus-
pected attempts at telemarketing fraud;
(6) inform senior citizens of their consumer
protection rights under Federal law; and
(7) provide such other information as the Sec-
retary considers necessary to protect senior citizens
against fraudulent telemarketing.
(c) MEANS OF DISSEMINATION.—The Secretary shall
determine the means to disseminate information under
this section. In making such determination, the Secretary
shall consider—
(1) public service announcements;
(2) a printed manual or pamphlet;
(3) an Internet website; and
(4) telephone outreach to individuals whose
names appear on ‘‘mooch lists’’ confiscated from
fraudulent telemarketers.
(d) PRIORITY.—In disseminating information under
this section, the Secretary shall give priority to areas with
high concentrations of senior citizens.
SEC. 5. AUTHORITY TO ACCEPT GIFTS.
The Secretary may accept, use, and dispose of uncon-
ditional gifts, bequests, or devises of services or property,
both real and personal, in order to carry out this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000
for fiscal year 1998 and such sums as may be necessary
for succeeding fiscal years.
SEC. 7. DEFINITION.
For purposes of this Act, the term ‘‘State’’ includes
the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
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