[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2610 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 2610


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2020

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
   To establish an office within the Federal Trade Commission and an 
outside advisory group to prevent fraud targeting seniors and to direct 
   the Commission to study and submit a report to Congress on scams 
      targeting seniors and Indian tribes, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fraud and Scam 
Reduction Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Commission defined.
         TITLE I--PREVENTING CONSUMER SCAMS DIRECTED AT SENIORS

Sec. 101. Short title.
Sec. 102. Senior Scams Prevention Advisory Group.
                 TITLE II--SENIOR FRAUD ADVISORY OFFICE

Sec. 201. Short title.
Sec. 202. Senior Fraud Advisory Office.
   TITLE III--PREVENTING THE TARGETING OF SENIORS DURING EMERGENCIES

Sec. 301. Short title.
Sec. 302. FTC report on scams targeting seniors during emergencies.
Sec. 303. Increasing awareness of scams targeting seniors.
           TITLE IV--PREVENTING SCAMS TARGETING INDIAN TRIBES

Sec. 401. Short title.
Sec. 402. FTC report on unfair or deceptive acts or practices targeting 
                            Indian Tribes.
           TITLE V--ENHANCING CONSUMER PROTECTION ENFORCEMENT

Sec. 501. Short title.
Sec. 502. Unfair and deceptive practices cooperation study.
              TITLE VI--DETERMINATION OF BUDGETARY EFFECTS

Sec. 601. Determination of budgetary effects.

SEC. 2. COMMISSION DEFINED.

    In this Act, the term ``Commission'' means the Federal Trade 
Commission.

         TITLE I--PREVENTING CONSUMER SCAMS DIRECTED AT SENIORS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Stop Senior Scams Act''.

SEC. 102. SENIOR SCAMS PREVENTION ADVISORY GROUP.

    (a) Establishment of Senior Scams Prevention Advisory Group.--There 
is established a Senior Scams Prevention Advisory Group (referred to in 
this section as the ``Advisory Group'').
    (b) Members.--The Advisory Group shall be composed of stakeholders 
such as the following individuals or the designees of such individuals:
            (1) The Chairman of the Federal Trade Commission.
            (2) The Secretary of the Treasury.
            (3) The Attorney General.
            (4) The Director of the Bureau of Consumer Financial 
        Protection.
            (5) Representatives from each of the following sectors, 
        including trade associations, to be selected by Federal Trade 
        Commission:
                    (A) Retail.
                    (B) Gift cards.
                    (C) Telecommunications.
                    (D) Wire-transfer services.
                    (E) Senior peer advocates.
                    (F) Consumer advocacy organizations with efforts 
                focused on preventing seniors from becoming the victims 
                of scams.
                    (G) Financial services, including institutions that 
                engage in digital currency.
                    (H) Prepaid cards.
            (6) A member of the Board of Governors of the Federal 
        Reserve System.
            (7) A prudential regulator, as defined in section 1002 of 
        the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
            (8) The Director of the Financial Crimes Enforcement 
        Network.
            (9) Any other Federal, State, or local agency, industry 
        representative, consumer advocate, or entity, as determined by 
        the Federal Trade Commission.
    (c) No Compensation for Members.--A member of the Advisory Group 
shall serve without compensation in addition to any compensation 
received for the service of the member as an officer or employee of the 
United States, if applicable.
    (d) Duties.--
            (1) In general.--The Advisory Group shall--
                    (A) collect information on the existence, use, and 
                success of educational materials and programs for 
                retailers, financial services, and wire-transfer 
                companies, which--
                            (i) may be used as a guide to educate 
                        employees on how to identify and prevent scams 
                        that affect seniors; and
                            (ii) include--
                                    (I) useful information for 
                                retailers, financial services, and wire 
                                transfer companies for the purpose 
                                described in clause (i);
                                    (II) training for employees on ways 
                                to identify and prevent senior scams;
                                    (III) best practices for keeping 
                                employees up to date on current scams;
                                    (IV) the most effective signage and 
                                placement in retail locations to warn 
                                seniors about scammers' use of gift 
                                cards, prepaid cards, and wire transfer 
                                services;
                                    (V) suggestions on effective 
                                collaborative community education 
                                campaigns;
                                    (VI) available technology to assist 
                                in identifying possible scams at the 
                                point of sale; and
                                    (VII) other information that would 
                                be helpful to retailers, wire transfer 
                                companies, financial institutions, and 
                                their employees as they work to prevent 
                                fraud affecting seniors; and
                    (B) based on the findings in subparagraph (A)--
                            (i) identify inadequacies, omissions, or 
                        deficiencies in those educational materials and 
                        programs for the categories listed in 
                        subparagraph (A) and their execution in 
                        reaching employees to protect older adults; and
                            (ii) create model materials, best practices 
                        guidance, or recommendations to fill those 
                        inadequacies, omissions, or deficiencies that 
                        may be used by industry and others to help 
                        protect older adults from scams.
            (2) Encouraged use.--The Federal Trade Commission shall--
                    (A) make the materials or guidance created by the 
                Federal Trade Commission described in paragraph (1) 
                publicly available; and
                    (B) encourage the use and distribution of the 
                materials created under this subsection to prevent 
                scams affecting seniors by governmental agencies and 
                the private sector.
    (e) Reports.--Section 101(c)(2) of the Elder Abuse Prevention and 
Prosecution Act (34 U.S.C. 21711(c)(2)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) for the Federal Trade Commission, in relevant 
                years, information on--
                            ``(i) the newly created materials, 
                        guidance, or recommendations of the Senior 
                        Scams Prevention Advisory Group established 
                        under section 2 of the Stop Senior Scams Act, 
                        and any relevant views or considerations made 
                        by members of the Advisory Group that were not 
                        included in the Advisory Group's model 
                        materials or considered an official 
                        recommendation by the Advisory Group;
                            ``(ii) the Senior Scams Prevention Advisory 
                        Group's findings about senior scams and 
                        industry educational materials and programs; 
                        and
                            ``(iii) any recommendations on ways 
                        stakeholders can continue to work together to 
                        reduce scams affecting seniors.''.
    (f) Termination.--This title, and the amendments made by this 
title, cease to be effective on the date that is 5 years after the date 
of enactment of this Act.

                 TITLE II--SENIOR FRAUD ADVISORY OFFICE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Seniors Fraud Prevention Act of 
2020''.

SEC. 202. SENIOR FRAUD ADVISORY OFFICE.

    (a) Establishment of Advisory Office.--The Federal Trade Commission 
shall establish an office within the Bureau of Consumer Protection for 
the purpose of advising the Commission on the prevention of fraud 
targeting seniors and to assist the Commission with the following:
            (1) Oversight.--The advisory office shall monitor the 
        market for mail, television, internet, telemarketing, and 
        recorded message telephone call (hereinafter referred to as 
        ``robocall'') fraud targeting seniors and shall coordinate with 
        other relevant agencies regarding the requirements of this 
        section.
            (2) Consumer education.--The Commission through the 
        advisory office shall, in 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 other relevant agencies--
                    (A) disseminate to seniors and families and 
                caregivers of seniors general information on mail, 
                television, internet, telemarketing, and robocall fraud 
                targeting seniors, including descriptions of the most 
                common fraud schemes;
                    (B) disseminate to seniors and families and 
                caregivers of seniors information on reporting 
                complaints of fraud targeting seniors either to the 
                national toll-free telephone number established by the 
                Commission for reporting such complaints, or to the 
                Consumer Sentinel Network, operated by the Commission, 
                where such complaints will become immediately available 
                to appropriate law enforcement agencies, including the 
                Federal Bureau of Investigation and the attorneys 
                general of the States;
                    (C) in response to a specific request about a 
                particular entity or individual, provide publically 
                available information of enforcement action taken by 
                the Commission for mail, television, internet, 
                telemarketing, and robocall fraud against such entity; 
                and
                    (D) maintain a website to serve as a resource for 
                information for seniors and families and caregivers of 
                seniors regarding mail, television, internet, 
                telemarketing, robocall, and other identified fraud 
                targeting seniors.
            (3) Complaints.--The Commission through the advisory office 
        shall, in consultation with the Attorney General, establish 
        procedures to--
                    (A) log and acknowledge the receipt of complaints 
                by individuals who believe they have been a victim of 
                mail, television, internet, telemarketing, and robocall 
                fraud in the Consumer Sentinel Network, and shall make 
                those complaints immediately available to Federal, 
                State, and local law enforcement authorities; and
                    (B) provide to individuals described in 
                subparagraph (A), and to any other persons, specific 
                and general information on mail, television, internet, 
                telemarketing, and robocall fraud, including 
                descriptions of the most common schemes using such 
                methods of communication.
    (b) Commencement.--The Commission shall commence carrying out the 
requirements of this section not later than 1 year after the date of 
enactment of this Act.

   TITLE III--PREVENTING THE TARGETING OF SENIORS DURING EMERGENCIES

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Protecting Seniors from Emergency 
Scams Act''.

SEC. 302. FTC REPORT ON SCAMS TARGETING SENIORS DURING EMERGENCIES.

    Not later than 30 days after the date of enactment of this Act, the 
Federal Trade Commission (referred to in this Act as the 
``Commission'') shall submit a report to Congress including--
            (1) a description of the number and types of scams 
        identified by the Commission as being targeted at senior 
        citizens; and
            (2) policy recommendations to prevent such scams, 
        especially as such scams relate to future national emergencies.

SEC. 303. INCREASING AWARENESS OF SCAMS TARGETING SENIORS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Commission shall update its web portal to include the 
latest information, searchable by region and type of scam, on scams 
targeting seniors, including contacts for relevant law enforcement and 
adult protective service agencies.
    (b) Coordination With Media Outlets and Law Enforcement.--The 
Commission shall work with media outlets and law enforcement to 
distribute the information included in the web portal of the Commission 
pursuant to subsection (a) to senior citizens and their families and 
caregivers.

           TITLE IV--PREVENTING SCAMS TARGETING INDIAN TRIBES

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Protecting Indian Tribes from 
Scams Act''.

SEC. 402. FTC REPORT ON UNFAIR OR DECEPTIVE ACTS OR PRACTICES TARGETING 
              INDIAN TRIBES.

    (a) FTC Report.--Not later than 1 year after the date of the 
enactment of this Act, and after consultation with Indian Tribes, the 
Commission shall make publicly available on the website of the 
Commission and submit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on unfair or deceptive acts or 
practices targeted at Indian Tribes or members of Indian Tribes, 
including--
            (1) a description of the types of unfair or deceptive acts 
        or practices identified by the Commission as being targeted at 
        Indian Tribes or members of Indian Tribes;
            (2) a description of the consumer education activities of 
        the Commission with respect to such acts or practices;
            (3) a description of the efforts of the Commission to 
        collaborate with Indian Tribes to prevent such acts or 
        practices or to pursue persons using such acts or practices;
            (4) a summary of the enforcement actions taken by the 
        Commission related to such acts or practices; and
            (5) any recommendations for legislation to prevent such 
        acts or practices.
    (b) Increasing Awareness of Unfair or Deceptive Acts or Practices 
Targeting Indian Tribes.--Not later than 6 months after the date of the 
submission of the report required by subsection (a), the Commission 
shall update the website of the Commission to include information for 
consumers and businesses on identifying and avoiding unfair or 
deceptive acts or practices targeted at Indian Tribes or members of 
Indian Tribes.

           TITLE V--ENHANCING CONSUMER PROTECTION ENFORCEMENT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``FTC Collaboration Act of 2020''.

SEC. 502. UNFAIR AND DECEPTIVE PRACTICES COOPERATION STUDY.

    (a) In General.--
            (1) Study required.--Not later than 1 year after the date 
        of the enactment of this Act, the Federal Trade Commission 
        shall conduct a study on facilitating and refining existing 
        efforts with State Attorneys General to prevent, publicize, and 
        penalize frauds and scams being perpetrated on individuals in 
        the United States.
            (2) Requirements of study.--In conducting the study, the 
        Commission shall examine the following:
                    (A) The roles and responsibilities of the 
                Commission and State Attorneys General that best 
                advance collaboration and consumer protection.
                    (B) The policies, procedures, and mechanisms that 
                facilitate cooperation and communications across the 
                Commission.
                    (C) How resources should be dedicated to best 
                advance such collaboration and consumer protection.
                    (D) The accountability mechanisms that should be 
                implemented to promote collaboration and consumer 
                protection.
            (3) Consultation and public comment.--In producing the 
        study required in paragraph (1), the Commission shall--
                    (A) consult with--
                            (i) the National Association of State 
                        Attorneys General;
                            (ii) public interest organizations 
                        dedicated to consumer protection;
                            (iii) relevant private sector entities; and
                            (iv) any other Federal or State agency that 
                        the Federal Trade Commission considers 
                        necessary; and
                    (B) provide opportunity for public comment and 
                advice relevant to the production of the study.
    (b) Report to Congress.--Not later than 6 months after the 
completion of the study required pursuant to subsection (a), the 
Commission shall submit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and make publicly available on the 
website of the Commission, a report that contains the following:
            (1) The results of the study.
            (2) Recommended best practices to enhance collaboration 
        efforts between the Commission and State Attorneys General with 
        respect to preventing, publicizing, and penalizing fraud and 
        scams.
            (3) Quantifiable metrics by which enhanced collaboration 
        can be measured.
            (4) Legislative recommendations, if any, to enhance 
        collaboration efforts between the Commission and State 
        Attorneys General to prevent, publicize, and penalize fraud and 
        scams.

              TITLE VI--DETERMINATION OF BUDGETARY EFFECTS

SEC. 601. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives November 17, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.