[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[Senate]
[Pages S10941-S10942]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   PROTECTING SENIORS FROM FRAUD ACT

  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the Judiciary Committee be discharged from further consideration 
of S. 3164, and the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 3164) to protect seniors from fraud.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
that the bill be read a third time and passed, the motion to reconsider 
be laid upon the table, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3164) was read the third time and passed, as follows:

                                S. 3164

       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 ``Protecting Seniors From 
     Fraud Act''.

     SEC. 2. 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.

[[Page S10942]]

       (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''.
       (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. 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 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. 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
       (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. 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 SENIORS IN NATIONAL CRIME VICTIMIZATION 
                   SURVEY.

       Beginning not 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.

     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.

                          ____________________