[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1659 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1659

  To enhance penalties for violations of securities protections that 
                       involve targeting seniors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2009

 Mr. Casey (for himself, Mrs. Gillibrand, Mr. Kohl, and Mrs. Shaheen) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To enhance penalties for violations of securities protections that 
                       involve targeting seniors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Investor Protections 
Enhancement Act of 2009''.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act, the following definitions shall 
apply:
            (1) Senior.--The term ``senior'' means an individual who is 
        62 years of age or older.
            (2) Securities laws.--The term ``securities laws'' means 
        the Securities Act of 1933 (15 U.S.C. 77b et seq.), the 
        Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the 
        Investment Company Act of 1940 (15 U.S.C. 80a et seq.), and the 
        Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.).
    (b) Application of Senior Definition.--
            (1) Securities act of 1933.--Section 2(a) of the Securities 
        Act of 1933 (15 U.S.C. 77b(a)) is amended by adding at the end 
        the following:
            ``(17) The term `senior' means an individual who is 62 
        years of age or older.''.
            (2) Securities exchange act of 1934.--Section 3(a) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended 
        by adding at the end the following:
            ``(65) The term `senior' means an individual who is 62 
        years of age or older.''.
            (3) Investment company act of 1940.--Section 2(a) of the 
        Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended 
        by adding at the end the following:
            ``(54) The term `senior' means an individual who is 62 
        years of age or older.''.
            (4) Investment advisers act of 1940.--Section 202(a) of the 
        Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended 
        by adding at the end the following:
            ``(29) The term `senior' means an individual who is 62 
        years of age or older.''.

SEC. 3. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1933.

    (a) Civil Actions.--Section 20(d)(2) of the Securities Act of 1933 
(15 U.S.C. 77t(d)(2)) is amended by adding at the end the following:
                    ``(D) Special rule for seniors.--Notwithstanding 
                subparagraphs (A), (B), and (C), if a person commits a 
                violation described in paragraph (1), and the violation 
                is directed toward, targets, or is committed against a 
                person who, at the time of the violation, is a senior, 
                the Commission, in addition to any other applicable 
                civil penalty, may impose a civil penalty of not more 
                than $50,000 for each such violation.''.
    (b) Other Violations.--Section 24 of the Securities Act of 1933 (15 
U.S.C. 77x) is amended--
            (1) by inserting ``(a) In General.--'' before ``Any 
        person''; and
            (2) by adding at the end the following:
    ``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if 
a person commits a violation described in subsection (a), and the 
violation is directed toward, targets, or is committed against a person 
who, at the time of the violation is a senior, the Commission, in 
addition to any other applicable civil penalty, may impose a civil 
penalty of not more than $50,000 for each such violation.''.

SEC. 4. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1934.

    (a) Civil Actions.--Section 21(d)(3)(B) of the Securities Exchange 
Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by adding at the end 
the following:
                            ``(iv) Special rule for seniors.--
                        Notwithstanding clauses (i), (ii), and (iii), 
                        if a person commits a violation described in 
                        subparagraph (A), and the violation is directed 
                        toward, targets, or is committed against a 
                        person who, at the time of the violation, is a 
                        senior, the Commission, in addition to any 
                        other applicable civil penalty, may impose a 
                        civil penalty of not more than $50,000 for each 
                        such violation.''.
    (b) Willful Violations.--Section 21B(b) of the Securities Exchange 
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the end the 
following:
            ``(4) Special rule for seniors.--Notwithstanding paragraphs 
        (1), (2), and (3), if a person engages in an act or omission 
        described in subsection (a), and the violation is directed 
        toward, targets, or is committed against a person who, at the 
        time of the violation, is a senior, the Commission, in addition 
        to any other applicable civil penalty, may impose a civil 
        penalty of not more than $50,000 for each such violation.''.
    (c) Other Violations.--Section 32 of the Securities Exchange Act of 
1934 (15 U.S.C. 78ff) is amended by adding at the end the following:
    ``(d) Special Rule for Seniors.--Notwithstanding subsections (a), 
(b), and (c), if a person commits a violation described in this 
section, and the violation is directed toward, targets, or is committed 
against a person, who at the time of the violation, is a senior, the 
Commission, in addition to any other applicable civil penalty, may 
impose a civil penalty of not more than $50,000 for each such 
violation.''.

SEC. 5. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT COMPANY ACT OF 
              1940.

    (a) Willful Violations.--Section 9(d)(2) of the Investment Company 
Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by adding at the end the 
following:
                    ``(D) Special rule for seniors.--Notwithstanding 
                subparagraphs (A), (B), and (C), if a person engages in 
                an act or omission described in paragraph (1), and the 
                violation is directed toward, targets, or is committed 
                against a person, who, at the time of the violation, is 
                a senior, the Commission, in addition to any other 
                applicable civil penalty, may impose a civil penalty of 
                not more than $50,000 for each such violation.''.
    (b) Civil Actions.--Section 42(e)(2) of the Investment Company Act 
of 1940 (15 U.S.C. 80a-41(e)(2)) is amended by adding at the end the 
following:
                    ``(D) Special rule for seniors.--Notwithstanding 
                subparagraphs (A), (B), and (C), if a person commits a 
                violation described in paragraph (1), and the violation 
                is directed toward, targets, or is committed against a 
                person who, at the time of the violation, is senior, 
                the Commission, in addition to any other applicable 
                civil penalty, may impose a civil penalty not more than 
                $50,000 for each such violation.''.
    (c) Other Violations.--Section 49 of the Investment Company Act of 
1940 (15 U.S.C. 80a-48) is amended--
            (1) by inserting ``(a) In General.--'' before ``Any 
        person''; and
            (2) by adding at the end the following:
    ``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if 
a person commits a violation described in subsection (a), and the 
violation is directed toward, targets, or is committed against a person 
who, at the time of the violation, is a senior, the Commission, in 
addition to any other applicable civil penalty, may impose a civil 
penalty of not more than $50,000 for each such violation.''.

SEC. 6. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT ADVISERS ACT OF 
              1940.

    (a) Willful Violations.--Section 203(i)(2) of the Investment 
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by adding at 
the end the following:
                    ``(D) Special rule for seniors.--Notwithstanding 
                subparagraphs (A), (B), and (C), if a person engages in 
                an act or omission described in paragraph (1), and the 
                violation is directed toward, targets, or is committed 
                against a person who, at the time of the violation, is 
                a senior, the Commission, in addition to any other 
                applicable civil penalty, may impose a civil penalty of 
                not more than $50,000 for each such violation.''.
    (b) Civil Actions.--Section 209(e)(2) of the Investment Advisers 
Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by adding at the end the 
following:
                    ``(D) Special rule for seniors.--Notwithstanding 
                subparagraphs (A), (B), and (C), if a person commits a 
                violation under this title, and the violation is 
                directed toward, targets, or is committed against a 
                person who, at the time of the violation, is a senior, 
                the Commission, in addition to any other applicable 
                civil penalty, may impose a civil penalty of not more 
                than $50,000 for each such violation.''.
    (c) Other Violations.--Section 217 of the Investment Advisers Act 
of 1940 (15 U.S.C. 80b-17) is amended--
            (1) by inserting ``(a) In General.--'' before ``Any 
        person''; and
            (2) by adding at the end the following:
    ``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if 
a person commits a violation described in subsection (a), and the 
violation is directed toward, targets, or is committed against a person 
who, at the time of the violation, is a senior, the Commission, in 
addition to any other applicable civil penalty, may impose a civil 
penalty of not more than $50,000 for each such violation.''.

SEC. 7. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--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 review and amend the Federal 
sentencing guidelines and policy statements to ensure that the 
guideline offense levels and enhancements appropriately punish 
violations of the securities laws against seniors.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that section 2B1.1 and 2C1.1 of the Federal 
        sentencing guidelines (and any successors thereto) apply to and 
        punish offenses in which the victim of a violation of the 
        securities laws is a senior;
            (2) ensure reasonable consistency with other relevant 
        directives, provisions of the Federal sentencing guidelines, 
        and statutory provisions;
            (3) make any necessary and conforming changes to the 
        Federal sentencing guidelines, in accordance with the 
        amendments made by this Act; and
            (4) ensure that the Federal sentencing guidelines 
        adequately meet the purposes of sentencing set forth in section 
        3553(a)(2) of title 18, United States Code.
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