Home > 106th Congressional Bills > S. 3165 (is) To amend the Social Security Act to make corrections and refinements in the Medicare, Medicaid, and SCHIP health insurance programs, as revised by the Balanced Budget Act of 1997 and the Medicare, Medicaid, and SCHIP Balanced Budget Refinemen...S. 3165 (is) To amend the Social Security Act to make corrections and refinements in the Medicare, Medicaid, and SCHIP health insurance programs, as revised by the Balanced Budget Act of 1997 and the Medicare, Medicaid, and SCHIP Balanced Budget Refinemen...
106th CONGRESS
2d Session
S. 3164
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 2000
Referred to the Committee on the Judiciary, and in addition to the
Committee on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
To protect seniors from fraud.
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.
(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.
Passed the Senate October 24 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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