[Congressional Record Volume 166, Number 214 (Thursday, December 17, 2020)]
[Senate]
[Pages S7638-S7639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FRAUD AND SCAM REDUCTION ACT
Mr. BRAUN. Mr. President, I ask unanimous consent that the Committee
on Commerce, Science, and Transportation be discharged from further
consideration of H.R. 2610 and that the Senate proceed to its immediate
consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (H.R. 2610) 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.
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
Mr. BRAUN. I ask unanimous consent that the Wicker substitute
amendment at the desk be agreed to and that the bill, as amended, be
considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2713), in the nature of a substitute, was agreed
to, as follows
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
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.
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. Office for the Prevention of Fraud Targeting Seniors.
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.--There is established a Senior Scams
Prevention Advisory Group (referred to in this title 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 102 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.''.
[[Page S7639]]
(f) Termination.--This title, and the amendments made by
this title, ceases 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. OFFICE FOR THE PREVENTION OF FRAUD TARGETING
SENIORS.
(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 one year
after the date of the enactment of this Act.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
Mr. BRAUN. I know of no further debate on the bill as amended.
The PRESIDING OFFICER. Is there further debate?
Hearing none, the bill having been read the third time, the question
is, Shall the bill pass, as amended?
The bill (H.R. 2610), as amended, was passed.
Mr. BRAUN. I ask unanimous consent that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________