,,ii #aaeth ,,congress #ast ,session ,s4 #edg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #g1 #bjag,mrs4 ,gillibrand 7for herself and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prevent mail1 telemarketing1 and ,internet fraud targeting seniors in the ,united ,states1 to promote efforts to increase public awareness of the enormous impact that mail1 telemarketing1 and ,internet fraud have on seniors1 to educate the public1 seniors1 their families1 and their caregivers about how to identify and combat fraudulent activity1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,senior ,financial ,empowerment ,act of #bjag4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the proportion of the population of the ,united ,states that is #fj years of age or older will drastically increase in the next #cj years as more than #gf1jjj1jjj baby boomers approach retirement and old age4 7#b7 ,each year1 anywhere between #ejj1jjj and #e1jjj1jjj seniors in the ,united ,states are abused1 neglected1 or exploited4 7#c7 ,senior abuse1 neglect1 and exploitation have no boundaries and cross all racial1 social class1 gender1 and geographic lines4 7#d7 ,millions of individuals in the ,united ,states are victims of financial exploitation1 including mail1 telemarketing1 and ,internet fraud1 each year and many of the individuals who fall prey to these crimes are seniors4 7#e7 ,it is difficult to estimate the prevalence of fraud targeting seniors because cases are severely underreported and national statistics on senior fraud do not exist4 7#f7 ,the ,federal ,bureau of ,investigation notes that a senior may be less likely to report fraud because the senior-- 7,a7 does not know to whom to report the fraud2 7,b7 is ashamed to have been a victim of fraud2 7,c7 does not know that the senior has been a victim of fraud2 or 7,d7 in some cases1 is concerned that relatives may come to the conclusion that the senior no longer has the mental capacity to take care of the financial affairs of the senior4 7#g7 ,according to a #bjaa report by the ,met,life ,mature ,market ,institute1 the annual financial loss by victims of senior financial abuse is estimated to be at least #b1ijj1jjj1jjj4 7#h7 ,as victims of senior financial abuse1 many seniors have been robbed of their hard-earned life savings1 and even their homes1 and can suffer severe emotional and health-related consequences4 7#i7 ,perpetrators of fraud targeting seniors often operate outside the ,united ,states1 reaching their victims through the mail1 telephone lines1 and the ,internet4 7#aj7 ,the ,deceptive ,mail ,prevention and ,enforcement ,act 7,public ,law #ajf-afh2 #aac ,stat4 #ahjf7 increased the power of the ,united ,states ,postal ,service to protect consumers against persons who use deceptive mailings1 such as those featuring games of chance1 sweepstakes1 skill contests1 and facsimile checks4 7#aa7 ,during fiscal year #bjjg1 analysts prepared more than #bg1jjj letters and informative postcards in response to mail fraud complaints4 ,during that same fiscal year1 postal inspectors investigated #b1iji mail fraud cases in the ,united ,states and arrested #a1bcf mail fraud suspects1 of whom #a1aah were convicted4 ,postal inspectors also reported #afb telemarketing fraud investigations with #hc arrests and #fa convictions resulting from the investigations4 7#ab7 ,in #bjjj1 the ,special ,committee on ,aging of the ,senate reported that1 each year1 consumers lose approximately #dj1jjj1jjj1jjj to telemarketing fraud and estimated that approximately #aj percent of the #ad1jjj telemarketing firms in the ,united ,states were fraudulent4 7#ac7 ,some researchers estimate that only one in #aj1jjj fraud victims reports the crime to the authorities4 7#ad7 ,a #bjjc report by ,,aarp1 ,inc41 found that the crime of telemarketing fraud is grossly underreported among senior victims1 but that individuals who are properly counseled by trained peer volunteers are less likely to fall victim to fraudulent practices4 7#ae7 ,the ,federal ,bureau of ,investigation reports that the threat of fraud to seniors is growing and changing4 ,many younger baby boomers have considerable computer skills and criminals are modifying their targeting techniques by using not only traditional telephone calls and mass mailings1 but also online scams like phishing and e-mail spamming4 7#af7 ,the ,internet ,crime ,complaint ,center is a partnership between the ,national ,white ,collar ,crime ,center and the ,federal ,bureau of ,investigation that serves as a vehicle to receive1 develop1 and refer criminal complaints regarding cybercrime4 ,the ,internet ,crime ,complaint ,center processed more than #bai1eec complaints of ,internet crime in #bjjg and1 from these submissions1 the center referred #ij1jjh complaints of ,internet crime1 representing a total dollar loss of #bci1jij1jjj1 to ,federal1 ,state1 and local law enforcement agencies in the ,united ,states for further consideration4 7#ag7 ,consumer awareness is the best protection from fraud4 #c4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,senior citizen ,the term senior citizen means an individual who is not younger than #fe years of age4 #d4 ,information and consumer education on mail1 telemarketing1 and ,internet fraud targeting senior citizens 7a7 ,centralized service 7#a7 ,dissemination of information ,the ,commission1 after consultation with the ,attorney ,general1 the ,secretary of ,health and ,human ,services1 the ,postmaster ,general1 the ,chief ,postal ,inspector for the ,united ,states ,postal ,inspection ,service1 and the ,internet ,crime ,complaint ,center1 shall-- 7,a7 disseminate to senior citizens and the families and caregivers of the senior citizens information-- 7i7 regarding mail1 telemarketing1 and ,internet fraud that targets senior citizens1 including descriptions of the most common fraud schemes2 and 7ii7 which shall be-- 7,i7 disseminated in a way that is easily accessible and user-friendly to senior citizens2 and 7,,ii7 proactive so as to teach senior citizens about scam and fraud prevention through safe and smart financial practices2 and 7,b7 with respect to the information described in subparagraph 7,a77ii77,,ii7-- 7i7 update the information regularly to keep pace with the changing nature of criminal activity2 and 7ii7 include-- 7,i7 instructions on how to refer a complaint to the appropriate law enforcement agency2 and 7,,ii7 a national toll-free telephone number1 to be established by the ,commission1 which shall-- 7aa7 have a live individual1 rather than an automated service1 available to answer calls from senior citizens who are calling-- 7,,aa7 to seek advice on where and how to report instances of fraud2 or 7,,bb7 to ask questions about issues relating to scams or fraud of senior citizens2 and 7bb7 be similar to the ,fraud ,hotline established by the ,special ,committee on ,aging of the ,senate4 7#b7 ,sharing of information ,the ,commission shall-- 7,a7 maintain an ,internet website that serves as a source of information for senior citizens and the families and caregivers of senior citizens regarding the types of fraud described in paragraph 7#a77;,a77i72 7,b7 work with ,state enforcement agencies to create a national database that tracks instances of fraud committed against senior citizens2 and 7,c7 in response to a specific request about a particular person1 provide publically available information on any record of a civil or criminal law enforcement action taken against the person for fraud that targeted senior citizens4 7b7 ,implementation ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall establish and implement procedures to carry out the requirements of this section4 #e4 ,education to certain entities regarding financial exploitation of senior citizens 7a7 ,in general ,the ,commission shall1 in consultation with the appropriate ,federal financial institutions 7as defined in section #h7;e77#g77;,d7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahah7;e77#g77;,d7771 regulatory agencies1 ,state agencies1 and local agencies1 convene and provide education to the entities described in subsection 7b7 regarding the legal obligations of those entities and industry best practices for those entities with respect to financial exploitation and neglect of senior citizens4 7b7 ,covered entities ,an entity described in this subsection is-- 7#a7 a depository institution 7as defined in section #c7;c7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7;c7772 7#b7 a credit office2 7#c7 a remittance transfer provider 7as defined in section #ibj7;g7 of the ,electronic ,fund ,transfer ,act 7#ae ,u4,s4,c4 #afico-#a7;g7772 7#d7 a person who distributes general-use prepaid cards 7as defined in section #iae7;a77#b7 of the ,electronic ,fund ,transfer ,act 7#ae ,u4,s4,c4 #aficl-#a7;a77#b7772 and 7#e7 any individual who-- 7,a7 is employed by a financial institution2 7,b7 has access to the financial records of senior citizens2 and 7,c7 may be able to identify instances of elder financial abuse because of discrepancies in those financial records4 7c7 ,required training ,a ,state agency may not receive ,federal funds under this ,act unless the agency ensures that the entities described in subsection 7b7 in that ,state receive appropriate training that improves-- 7#a7 the ability of the entities to recognize evidence of financial exploitation and neglect of senior citizens2 and 7#b7 the understanding of the entities of the reporting requirements in that ,state with respect to financial exploitation and neglect of senior citizens4 7d7 ,implementation ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall establish and implement procedures to carry out the requirements of this section4 #f4 ,grant program to prevent mail1 telemarketing1 and ,internet fraud and for scientific research on senior citizens' increased vulnerability to scams 7a7 ,grant program 7#a7 ,authorization ,the ,attorney ,general may award grants1 on a competitive basis1 to eligible entities to carry out fraud prevention activities designed to protect senior citizens4 7#b7 ,eligible entities ,for purposes of the grant program1 an eligible entity is any ,state attorney general1 ,state or local law enforcement agency1 senior center1 or other ,state or local nonprofit organization that provides assistance to senior citizens4 7#c7 ,priority ,in awarding grants under this subsection1 the ,attorney ,general shall give priority to an eligible entity that has established a public-private partnership with a computer or software company that is focused on developing tools to enhance ,internet scam prevention4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general to carry out this subsection #e1jjj1jjj for each of fiscal years #bjah through #bjbb4 7b7 ,research 7#a7 ,in general ,the ,director of the ,national ,institutes of ,health shall conduct scientific research related to the increased vulnerability of senior citizens to scams and fraud due to age-related health and neurological conditions4 7#b7 ,availability of funds ,no additional amounts are authorized to be appropriated to carry out this subsection4 ,amounts to carry out this subsection shall be derived from amounts not specifically appropriated to carry out this subsection4 #g4 ,sense of ,congress on ,national ,senior ,fraud ,awareness ,week ,it is the sense of ,congress that-- 7#a7 there is a need to increase awareness of fraud targeting senior citizens2 7#b7 a week in ,march of each year should be designated as ,national ,senior ,fraud ,awareness ,week to coincide with the end of winter1 which-- 7,a7 is commonly a period of increased isolation2 and 7,b7 precedes tax season2 7#c7 the people of the ,united ,states should observe ,national ,senior ,fraud ,awareness ,week with relevant educational activities2 and 7#d7 the ,president should issue a proclamation supporting increased awareness of senior fraud4