[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3040 Engrossed in House (EH)]
111th CONGRESS
2d Session
H. R. 3040
_______________________________________________________________________
AN ACT
To prevent mail, telemarketing, and Internet fraud targeting seniors in
the United States, to promote efforts to increase public awareness of
the enormous impact that mail, telemarketing, and Internet fraud have
on seniors, to educate the public, seniors, their families, and their
caregivers about how to identify and combat fraudulent activity, and
for other purposes.
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 Financial Empowerment Act of
2010''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The proportion of the population of the United States
age 60 years or older is predicted to drastically increase in
the next 30 years as more than 76,000,000 Baby Boomers approach
retirement and old age.
(2) It is estimated that between 500,000 and 5,000,000
seniors in the United States are abused, neglected, or
exploited each year.
(3) Abuse, neglect, and exploitation of seniors crosses
racial, social class, gender, and geographic lines.
(4) Each year millions of individuals in the United States
are victims of financial exploitation, including mail,
telemarketing, and Internet fraud. Many of those who fall prey
to such exploitation are seniors.
(5) It is difficult to estimate the prevalence of fraud
that targets seniors because cases are severely underreported
and national statistics on senior fraud do not exist.
(6) The Federal Bureau of Investigation notes that seniors
in the United States are less likely to report fraud because
they do not know to whom to report, they are ashamed to have
been a victim of fraud, or they do not know that they have been
a victim of fraud. In some cases, a senior who has been a
victim of fraud may not report the crime because he or she is
concerned that relatives may conclude that the senior no longer
has the mental capacity to take care of his or her own
financial affairs.
(7) According to a 2009 report by the MetLife Mature Market
Institute, the annual financial loss by victims of senior
financial abuse is estimated to be at least $2,600,000,000.
(8) Perpetrators of mail, telemarketing, and Internet fraud
frequently target seniors because seniors are often vulnerable
and trusting people.
(9) As victims of such fraudulent schemes, many seniors pay
a financial cost, having been robbed of their hard-earned life
savings, and frequently pay an emotional cost, losing their
self-respect and dignity.
(10) Perpetrators of fraud targeting seniors often operate
outside the United States, reaching their victims through the
mail, telephone lines, and the Internet.
(11) The Deceptive Mail Prevention and Enforcement Act
increased the power of the United States Postal Service to
protect consumers against persons who use deceptive mailings,
such as those featuring games of chance, sweepstakes, skill
contests, and facsimile checks.
(12) During fiscal year 2007, Postal Inspection Service
analysts prepared more than 27,000 letters and informative
postcards in response to mail fraud complaints. During that
same year, postal inspectors investigated 2,909 mail fraud
cases in the United States and arrested 1,236 mail fraud
suspects, of whom 1,118 were convicted. Postal inspectors also
reported 162 telemarketing fraud investigations, with 83
arrests and 61 convictions resulting from such investigations.
(13) In 2000, the United States Senate Special Committee on
Aging reported that consumers lose approximately
$40,000,000,000 each year to telemarketing fraud, and estimated
that approximately 10 percent of the Nation's 14,000
telemarketing firms were fraudulent. Some researchers estimate
that only one in 10,000 fraud victims reports the crime to the
authorities.
(14) A 2003 report by AARP found that, though the crime of
telemarketing fraud is grossly underreported among seniors who
have been victims of such fraud, seniors who are properly
counseled by trained peer volunteers are less likely to fall
victim to fraudulent practices.
(15) The Federal Bureau of Investigation reports that the
threat of fraud to seniors is growing and changing. This is
largely due to the fact that many younger Baby Boomers have
considerable computer skills and criminals have responded by
targeting seniors through online scams like phishing and email
spamming, in addition to traditional telephone calls and mass
mailings.
(16) The Internet Crime Complaint Center (hereinafter
referred to in this paragraph as ``IC3'') is a partnership
between the National White Collar Crime Center and the Federal
Bureau of Investigation that serves as a vehicle to receive,
develop, and refer criminal complaints regarding cybercrime.
The IC3 processed more than 219,553 complaints of Internet
crime in 2007. From these submissions, the IC3 referred 90,008
complaints of Internet crime, representing a total dollar loss
of $239,090,000, to Federal, State, and local law enforcement
agencies in the United States for further consideration.
(17) Consumer awareness is the best protection from fraud.
SEC. 3. CENTRALIZED SERVICE FOR CONSUMER EDUCATION ON MAIL,
TELEMARKETING, AND INTERNET FRAUD TARGETING SENIORS.
(a) Centralized Service.--
(1) Requirement.--The Federal Trade Commission, after
consultation with the Attorney General, the Secretary of Health
and Human Services, the Postmaster General, the Chief Postal
Inspector for the United States Postal Inspection Service, and
the Director of the Bureau of Consumer Financial Protection,
shall--
(A) periodically disseminate to seniors, and
families and caregivers of seniors, general information
on mail, telemarketing, and Internet fraud targeting
seniors, including descriptions of the most common
fraud schemes;
(B) periodically disseminate to seniors, and
families and caregivers of seniors, information on
methods available to report fraud targeting seniors,
such as--
(i) referring complaints to law enforcement
agencies, including the Director of the Federal
Bureau of Investigation and State attorneys
general; and
(ii) calling a national toll-free telephone
number established by the Federal Trade
Commission for reporting mail, telemarketing,
and Internet fraud;
(C) in response to a specific request by a party to
the Federal Trade Commission inquiring about any
history of fraud committed by a particular entity or
individual, provide to such party any publically
available information on any record of law enforcement
action for fraud against such entity or individual--
(i) by the Federal Trade Commission; and
(ii) by any other agency that reports such
actions to the Federal Trade Commission; and
(D) maintain a website to serve as a resource for
information for seniors, and families and caregivers of
seniors, regarding mail, telemarketing, and Internet
fraud targeting seniors.
(2) Procedures and commencement.--The Federal Trade
Commission shall establish and implement procedures to carry
out the requirements of paragraph (1), including procedures--
(A) with respect to the frequency and mode of
dissemination of information under subparagraphs (A)
and (B) of such paragraph; and
(B) that provide for the implementation of the
requirements of such paragraph not later than one year
after the date of the enactment of this Act.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2011 through 2015.
SEC. 4. GRANTS TO PREVENT MAIL, TELEMARKETING, AND INTERNET FRAUD.
(a) Grant Program Authorized.--Subject to the availability of funds
authorized to be appropriated under this section, the Attorney General,
after consultation with the Secretary of Health and Human Services, the
Postmaster General, the Chief Postal Inspector for the United States
Postal Inspection Service, and the Director of the Bureau of Consumer
Financial Protection, shall establish and administer a competitive
grant program to award grants to eligible organizations to carry out
mail, telemarketing, and Internet fraud prevention education programs
for seniors.
(b) Eligible Organizations.--The Attorney General may award grants
under this section to State Attorneys General, State and local law
enforcement agencies and groups, senior centers, and other local
nonprofit organizations that provide assistance to seniors, as
determined by the Attorney General.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of the
fiscal years 2011 through 2015.
SEC. 5. SENSE OF THE CONGRESS RELATED TO NATIONAL SENIOR FRAUD
AWARENESS WEEK.
It is the sense of the Congress that--
(1) there is a need to increase public awareness of the
enormous impact that mail, telemarketing, and Internet fraud
have on senior citizens in the United States;
(2) a week in the month of May should be designated as
``National Senior Fraud Awareness Week'';
(3) the people of the United States should observe National
Senior Fraud Awareness Week with appropriate educational
activities; and
(4) the President is encouraged to issue a proclamation
supporting increased public awareness of the impact of, and the
need to prevent, fraud committed against seniors.
Passed the House of Representatives July 29, 2010.
Attest:
Clerk.
111th CONGRESS
2d Session
H. R. 3040
_______________________________________________________________________
AN ACT
To prevent mail, telemarketing, and Internet fraud targeting seniors in
the United States, to promote efforts to increase public awareness of
the enormous impact that mail, telemarketing, and Internet fraud have
on seniors, to educate the public, seniors, their families, and their
caregivers about how to identify and combat fraudulent activity, and
for other purposes.