,,ii #aacth ,,congress #ast ,session ,s4 #aahe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ai1 #bjac ,mr4 ,casey introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to enhance penalties for violations of securities protections that involve targeting seniors4 #a4 ,short title ,this ,act may be cited as the ,senior ,investor ,protections ,enhancement ,act of #bjac4 #b4 ,definitions 7a7 ,in general ,in this ,act1 the following definitions shall apply3 7#a7 ,senior ,the term senior means an individual who is #fb years of age or older4 7#b7 ,securities laws ,the term securities laws means the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;b et seq471 the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;a et seq471 the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a et seq471 and the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b et seq474 7b7 ,application of senior definition 7#a7 ,securities ,act of #aicc ,section #b7;a7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;b7a77 is amended by adding at the end the following3 7#bj7 ,the term senior means an individual who is #fb years of age or older4 4 7#b7 ,securities ,exchange ,act of #aicd ,section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77 is amended-- 7,a7 by redesignating the first paragraph designated as 7#hj71 as added by #aja7;b77#b7 of the ,jumpstart ,our ,business ,startups ,act 7#abf ,stat4 #cjg7 7relating to emerging growth companies71 as paragraph 7#ha72 and 7,b7 by adding at the end the following3 7#hb7 ,the term senior means an individual who is #fb years of age or older4 4 7#c7 ,investment ,company ,act of #aidj ,section #b7;a7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#b7;a77 is amended by adding at the end the following3 7#ee7 ,the term senior means an individual who is #fb years of age or older4 4 7#d7 ,investment ,advisers ,act of #aidj ,section #bjb7;a7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#b7;a77 is amended-- 7,a7 by redesignating the second paragraph designated as paragraph 7#bi71 as added by section #ggj of the ,wall ,street ,transparency and ,accountability ,act of #bjaj 7#abd ,stat4 #ahja71 as paragraph 7#ca7 and moving such paragraph to the end2 and 7,b7 by adding at the end the following3 7#cb7 ,the term senior means an individual who is #fb years of age or older4 4 #c4 ,enhanced penalties for violations of ,securities ,act of #aicc 7a7 ,civil actions ,section #bj7;d77#b7 of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #ggt7d77#b77 is amended by adding at the end the following3 7,d7 ,special rule for seniors ,notwithstanding subparagraphs 7,a71 7,b71 and 7,c71 if a person commits a violation described in paragraph 7#a71 and the violation is directed toward1 targets1 or is committed against a person who1 at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 7b7 ,other violations ,section #bd of the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #ggx7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,any person2 and 7#b7 by adding at the end the following3 7b7 ,special rule for seniors ,notwithstanding subsection 7a71 if a person commits a violation described in subsection 7a71 and the violation is directed toward1 targets1 or is committed against a person who1 at the time of the violation is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 #d4 ,enhanced penalties for violations of ,securities ,act of #aicd 7a7 ,civil actions ,section #ba7;d77#c77;,b7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghu7d77#c77;,b77 is amended by adding at the end the following3 7iv7 ,special rule for seniors ,notwithstanding clauses 7i71 7ii71 and 7iii71 if a person commits a violation described in subparagraph 7,a71 and the violation is directed toward1 targets1 or is committed against a person who1 at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 7b7 ,willful violations ,section #ba;,b7b7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghu-#b7;b77 is amended by adding at the end the following3 7#d7 ,special rule for seniors ,notwithstanding paragraphs 7#a71 7#b71 and 7#c71 if a person engages in an act or omission described in subsection 7a71 and the violation is directed toward1 targets1 or is committed against a person who1 at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 7c7 ,other violations ,section #cb of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;ff7 is amended by adding at the end the following3 7d7 ,special rule for seniors ,notwithstanding subsections 7a71 7b71 and 7c71 if a person commits a violation described in this section1 and the violation is directed toward1 targets1 or is committed against a person1 who at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 #e4 ,enhanced penalties for violations of ,investment ,company ,act of #aidj 7a7 ,willful violations ,section #i7;d77#b7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#i7;d77#b77 is amended by adding at the end the following3 7,d7 ,special rule for seniors ,notwithstanding subparagraphs 7,a71 7,b71 and 7,c71 if a person engages in an act or omission described in paragraph 7#a71 and the violation is directed toward1 targets1 or is committed against a person1 who1 at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 7b7 ,civil actions ,section #db7;e77#b7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#da7;e77#b77 is amended by adding at the end the following3 7,d7 ,special rule for seniors ,notwithstanding subparagraphs 7,a71 7,b71 and 7,c71 if a person commits a violation described in paragraph 7#a71 and the violation is directed toward1 targets1 or is committed against a person who1 at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty not more than #ej1jjj for each such violation4 4 7c7 ,other violations ,section #di of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#dh7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,any person2 and 7#b7 by adding at the end the following3 7b7 ,special rule for seniors ,notwithstanding subsection 7a71 if a person commits a violation described in subsection 7a71 and the violation is directed toward1 targets1 or is committed against a person who1 at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 #f4 ,enhanced penalties for violations of ,investment ,advisers ,act of #aidj 7a7 ,willful violations ,section #bjc7;i77#b7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#c7;i77#b77 is amended by adding at the end the following3 7,d7 ,special rule for seniors ,notwithstanding subparagraphs 7,a71 7,b71 and 7,c71 if a person engages in an act or omission described in paragraph 7#a71 and the violation is directed toward1 targets1 or is committed against a person who1 at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 7b7 ,civil actions ,section #bji7;e77#b7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#i7;e77#b77 is amended by adding at the end the following3 7,d7 ,special rule for seniors ,notwithstanding subparagraphs 7,a71 7,b71 and 7,c71 if a person commits a violation under this title1 and the violation is directed toward1 targets1 or is committed against a person who1 at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 7c7 ,other violations ,section #bag of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#ag7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,any person2 and 7#b7 by adding at the end the following3 7b7 ,special rule for seniors ,notwithstanding subsection 7a71 if a person commits a violation described in subsection 7a71 and the violation is directed toward1 targets1 or is committed against a person who1 at the time of the violation1 is a senior1 the ,commission1 in addition to any other applicable civil penalty1 may impose a civil penalty of not more than #ej1jjj for each such violation4 4 #g4 ,directive to the ,united ,states ,sentencing ,commission 7a7 ,in general ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 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 seniors4 7b7 ,requirements ,in carrying out this section1 the ,united ,states ,sentencing ,commission shall-- 7#a7 ensure that section #b;,b#a4a and #b;,c#a4a of the ,federal sentencing guidelines 7and any successors thereto7 apply to and punish offenses in which the victim of a violation of the securities laws is a senior2 7#b7 ensure reasonable consistency with other relevant directives1 provisions of the ,federal sentencing guidelines1 and statutory provisions2 7#c7 make any necessary and conforming changes to the ,federal sentencing guidelines1 in accordance with the amendments made by this ,act2 and 7#d7 ensure that the ,federal sentencing guidelines adequately meet the purposes of sentencing set forth in section #ceec7;a77#b7 of title #ah1 ,united ,states ,code4