[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 149 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 393
116th CONGRESS
  1st Session
                                 S. 149

                          [Report No. 116-182]

        To establish a Senior Scams Prevention Advisory Council.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2019

   Mr. Casey (for himself, Mr. Moran, and Mr. Tester) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                           December 19, 2019

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
        To establish a Senior Scams Prevention Advisory Council.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Stop Senior Scams 
Act''.</DELETED>

<DELETED>SEC. 2. SENIOR SCAMS PREVENTION ADVISORY COUNCIL.</DELETED>

<DELETED>    (a) Establishment.--There is established a Senior Scams 
Prevention Advisory Council (referred to in this Act as the ``Advisory 
Council'').</DELETED>
<DELETED>    (b) Members.--The Advisory Council shall be composed of 
the following members or the designees of those members:</DELETED>
        <DELETED>    (1) The Chairman of the Federal Trade 
        Commission.</DELETED>
        <DELETED>    (2) The Secretary of the Treasury.</DELETED>
        <DELETED>    (3) The Attorney General.</DELETED>
        <DELETED>    (4) The Director of the Bureau of Consumer 
        Financial Protection.</DELETED>
        <DELETED>    (5) Not more than 2 representatives from each of 
        the following sectors, including trade associations, to be 
        selected by the Chairman of the Federal Trade 
        Commission:</DELETED>
                <DELETED>    (A) Retail.</DELETED>
                <DELETED>    (B) Gift card.</DELETED>
                <DELETED>    (C) Telecommunications.</DELETED>
                <DELETED>    (D) Wire-transfer services.</DELETED>
                <DELETED>    (E) Senior peer advocates.</DELETED>
                <DELETED>    (F) Consumer advocacy organization with 
                efforts focused on preventing seniors from becoming the 
                victims of scams.</DELETED>
                <DELETED>    (G) Financial services, including 
                institutions who engage in digital currency.</DELETED>
                <DELETED>    (H) Prepaid cards.</DELETED>
        <DELETED>    (6) A member of the Board of Governors of the 
        Federal Reserve System.</DELETED>
        <DELETED>    (7) A prudential regulator, as defined in section 
        1002 of the Consumer Financial Protection Act of 2010 (12 
        U.S.C. 5481).</DELETED>
        <DELETED>    (8) The Director of the Financial Crimes 
        Enforcement Network.</DELETED>
        <DELETED>    (9) Any other Federal, State, or local agency, 
        industry representative, consumer advocate, or entity, as 
        determined by the Chairman of the Federal Trade 
        Commission.</DELETED>
<DELETED>    (c) Duties.--</DELETED>
        <DELETED>    (1) In general.--The Advisory Council shall, while 
        considering public comment--</DELETED>
                <DELETED>    (A) collect information on the existence, 
                use, and success of model educational materials and 
                programs for retailers, financial services and wire-
                transfer companies, which--</DELETED>
                        <DELETED>    (i) may be used as a guide to 
                        educate employees on how to identify and 
                        prevent scams that affect seniors; 
                        and</DELETED>
                        <DELETED>    (ii) include--</DELETED>
                                <DELETED>    (I) useful information for 
                                retailers, financial services, and wire 
                                transfer companies for the purpose 
                                described in clause (i);</DELETED>
                                <DELETED>    (II) training for 
                                employees on ways to identify and 
                                prevent senior scams;</DELETED>
                                <DELETED>    (III) the best methods for 
                                keeping employees up to date on current 
                                scams;</DELETED>
                                <DELETED>    (IV) the most effective 
                                signage and best placement for signage 
                                in retail locations to warn seniors 
                                about scammers' use of gift cards, 
                                prepaid cards, and wire transfer 
                                services;</DELETED>
                                <DELETED>    (V) suggestions on 
                                effective collaborative community 
                                education campaigns;</DELETED>
                                <DELETED>    (VI) available technology 
                                to assist in identifying possible scams 
                                at the point of sale; and</DELETED>
                                <DELETED>    (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</DELETED>
                <DELETED>    (B) based on the findings in subparagraph 
                (A)--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) create model materials to 
                        fill those inadequacies, omissions, or 
                        deficiencies.</DELETED>
        <DELETED>    (2) Encouraged use.--The Chairman of the Federal 
        Trade Commission shall, after the public comment period is 
        complete--</DELETED>
                <DELETED>    (A) make the model educational materials 
                and programs and information about execution of the 
                programs described in paragraph (1) publicly available; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (d) Reports.--Section 101(c) of the Elder Abuse Prevention 
and Prosecution Act (34 U.S.C. 21711(c)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (C), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in subparagraph (D), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(E) for the Federal Trade Commission, 
                include information on--</DELETED>
                        <DELETED>    ``(i) the Senior Scams Prevention 
                        Advisory Council's newly created model 
                        materials, any recommendations of the Advisory 
                        Council, and any views or considerations made 
                        by members of the Advisory Council or by public 
                        comment that were not included in the Advisory 
                        Council's model materials or considered an 
                        official recommendation by the Advisory 
                        Council;</DELETED>
                        <DELETED>    ``(ii) the Senior Scams Prevention 
                        Advisory Council's findings about senior scams 
                        (including information about the ways scams 
                        affect seniors, including the negative effects 
                        on their well-being); and</DELETED>
                        <DELETED>    ``(iii) any recommendations on 
                        ways stakeholders can continue to work together 
                        to reduce scams affecting seniors.''.</DELETED>
<DELETED>    (e) Termination.--This Act, and the amendments made by 
this Act, ceases to be effective on the date that is 5 years after the 
date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. SENIOR SCAMS PREVENTION ADVISORY GROUP.

    (a) Establishment.--There is established a Senior Scams Prevention 
Advisory Group (referred to in this Act as the ``Advisory Group'').
    (b) Members.--The Advisory Group shall be composed of stakeholders 
such as the following individuals or the designees of those 
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 Chairman of 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 Act, and the amendments made by this Act, 
ceases to be effective on the date that is 5 years after the date of 
enactment of this Act.
                                                       Calendar No. 393

116th CONGRESS

  1st Session

                                 S. 149

                          [Report No. 116-182]

_______________________________________________________________________

                                 A BILL

        To establish a Senior Scams Prevention Advisory Council.

_______________________________________________________________________

                           December 19, 2019

                       Reported with an amendment