[106th Congress Public Law 534]
[From the U.S. Government Printing Office]
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[DOCID: f:publ534.106]
[[Page 114 STAT. 2555]]
Public Law 106-534
106th Congress
An Act
To protect seniors from <<NOTE: Nov. 22, 2000 - [S. 3164]>> fraud.
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Protecting Seniors From Fraud
Act.>> Congress assembled,
SECTION 1. <<NOTE: 15 USC 6101 note.>> SHORT TITLE.
This Act may be cited as the ``Protecting Seniors From Fraud Act''.
SEC. 2. <<NOTE: 15 USC 6101 note.>> FINDINGS.
Congress makes the following findings:
(1) Older Americans are among the most rapidly growing
segments of our society.
(2) Our Nation's elderly are too frequently the victims of
violent crime, property crime, and consumer and telemarketing
fraud.
(3) The elderly are often targeted and retargeted in a range
of fraudulent schemes.
(4) The TRIAD program, originally sponsored by the National
Sheriffs' Association, International Association of Chiefs of
Police, and the American Association of Retired Persons unites
sheriffs, police chiefs, senior volunteers, elder care
providers, families, and seniors to reduce the criminal
victimization of the elderly.
(5) Congress should continue to support TRIAD and similar
community partnerships that improve the safety and quality of
life for millions of senior citizens.
(6) There are few other community-based efforts that forge
partnerships to coordinate criminal justice and social service
resources to improve the safety and security of the elderly.
(7) According to the National Consumers League,
telemarketing fraud costs consumers nearly $40,000,000,000 each
year.
(8) Senior citizens are often the target of telemarketing
fraud.
(9) Fraudulent telemarketers compile the names of consumers
who are potentially vulnerable to telemarketing fraud into the
so-called ``mooch lists''.
(10) It is estimated that 56 percent of the names on such
``mooch lists'' are individuals age 50 or older.
(11) The Federal Bureau of Investigation and the Federal
Trade Commission have provided resources to assist private-
sector organizations to operate outreach programs to warn senior
citizens whose names appear on confiscated ``mooch lists''.
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(12) The Administration on Aging was formed, in part, to
provide senior citizens with the resources, information, and
assistance their special circumstances require.
(13) The Administration on Aging has a system in place to
inform senior citizens of the dangers of telemarketing fraud.
(14) Senior citizens need to be warned of the dangers of
telemarketing fraud before they become victims of such fraud.
SEC. 3. <<NOTE: 15 USC 6101 note.>> SENIOR FRAUD PREVENTION PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Attorney General $1,000,000 for each of the fiscal
years 2001 through 2005 for programs for the National Association of
TRIAD.
(b) Comptroller <<NOTE: Reports. Deadline.>> General.--The
Comptroller General of the United States shall submit to Congress a
report on the effectiveness of the TRIAD program 180 days prior to the
expiration of the authorization under this Act, including an analysis of
TRIAD programs and activities; identification of impediments to the
establishment of TRIADs across the Nation; and recommendations to
improve the effectiveness of the TRIAD program.
SEC. 4. <<NOTE: 15 USC 6101 note.>> DISSEMINATION OF INFORMATION.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary of Health and Human Services for Aging,
shall provide to the Attorney General of each State and publicly
disseminate in each State, including dissemination to area agencies on
aging, information designed to educate senior citizens and raise
awareness about the dangers of fraud, including telemarketing and
sweepstakes fraud.
(b) Information.--In carrying out subsection (a), the Secretary
shall--
(1) inform senior citizens of the prevalence of
telemarketing and sweepstakes fraud targeted against them;
(2) inform senior citizens how telemarketing and sweepstakes
fraud work;
(3) inform senior citizens how to identify telemarketing and
sweepstakes fraud;
(4) inform senior citizens how to protect themselves against
telemarketing and sweepstakes fraud, including an explanation of
the dangers of providing bank account, credit card, or other
financial or personal information over the telephone to
unsolicited callers;
(5) inform senior citizens how to report suspected attempts
at or acts of fraud;
(6) inform senior citizens of their consumer protection
rights under Federal law; and
(7) provide such other information as the Secretary
considers necessary to protect senior citizens against
fraudulent telemarketing and sweepstakes promotions.
(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;
(4) direct mailings; and
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(5) telephone outreach to individuals whose names appear on
so-called ``mooch lists'' confiscated from fraudulent marketers.
(d) Priority.--In disseminating information under this section, the
Secretary shall give priority to areas with high incidents of fraud
against senior citizens.
SEC. 5. <<NOTE: 42 USC 3722 note.>> STUDY OF CRIMES AGAINST SENIORS.
(a) In General.--The Attorney General shall conduct a study relating
to crimes against seniors, in order to assist in developing new
strategies to prevent and otherwise reduce the incidence of those
crimes.
(b) Issues Addressed.--The study conducted under this section shall
include an analysis of--
(1) the nature and type of crimes perpetrated against
seniors, with special focus on--
(A) the most common types of crimes that affect
seniors;
(B) the nature and extent of telemarketing,
sweepstakes, and repair fraud against seniors; and
(C) the nature and extent of financial and material
fraud targeted at seniors;
(2) the risk factors associated with seniors who have been
victimized;
(3) the manner in which the Federal and State criminal
justice systems respond to crimes against seniors;
(4) the feasibility of States establishing and maintaining a
centralized computer database on the incidence of crimes against
seniors that will promote the uniform identification and
reporting of such crimes;
(5) the effectiveness of damage awards in court actions and
other means by which seniors receive reimbursement and other
damages after fraud has been established; and
(6) other effective ways to prevent or reduce the occurrence
of crimes against seniors.
SEC. 6. INCLUSION OF <<NOTE: 42 USC 3732 note.>> SENIORS IN
NATIONAL CRIME VICTIMIZATION SURVEY.
Beginning not <<NOTE: Effective date.>> later than 2 years after the
date of enactment of this Act, as part of each National Crime
Victimization Survey, the Attorney General shall include statistics
relating to--
(1) crimes targeting or disproportionately affecting
seniors;
(2) crime risk factors for seniors, including the times and
locations at which crimes victimizing seniors are most likely to
occur; and
(3) specific characteristics of the victims of crimes who
are seniors, including age, gender, race or ethnicity, and
socioeconomic status.
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SEC. 7. STATE AND LOCAL GOVERNMENT OUTREACH.
It is the sense of Congress that State and local governments should
fully incorporate fraud avoidance information and programs into programs
that provide assistance to the aging.
Approved November 22, 2000.
LEGISLATIVE HISTORY--S. 3164:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 24, considered and passed Senate.
Oct. 30, considered and passed House.
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