Protecting Seniors From Fraud Act 2000

PUBLIC LAW 106-534—NOV. 22, 2000 114 STAT. 2555
Public Law 106-534
106th Congress
An Act
To protect seniors from fraud. Nov. 22, 2000
[S. 3164]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled. Protecting Seniors From
SECTION 1. SHORT TITLE. Fraud Act.
This Act may be cited as the "Protecting Seniors From Fraud ^^^^^ ^^°^
Act".
SEC. 2. FINDINGS. 15 USC 6101
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 tele­
marketing 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 Per­
sons imites sheriffs, police chiefs, senior volunteers, elder care
providers, families, and seniors to reduce the criminal victimiza­
tion 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, tele­
marketing 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 con­
sumers 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
Usts". 114 STAT. 2556 PUBLIC LAW 106-534—NOV. 22, 2000
15 use 6101
note.
Reports.
Deadline.
15 use 6101
note. (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 pro­
grams and activities; identification of impediments to the establish­
ment 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 Serv­
ices 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 sweep­
stakes 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 unsolic­
ited 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 con­
siders 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 PUBLIC LAW 106-534—NOV. 22, 2000 114 STAT. 2557
(5) telephone outreach to individuals whose names appear
on so-called "mooch lists" confiscated from fraudulent market­
ers.
(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. 42 USC 3722
(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 sen­
iors, with special focus on—
(A) the most common types of crimes that affect sen­
iors;
(B) the nature and extent of telemarketing, sweep­
stakes, 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 42 USC 3732
SURVEY, note.
Beginning not later than 2 years after the date of enactment Effective date.
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 socio­
economic status. 114 STAT. 2558 PUBLIC LAW 106-534—NOV. 22, 2000
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:
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 24, considered and passed Senate.
Oct. 30, considered and passed House.