Combating Pandemic Scams Act of 2020 (Cong. Rec., Nov. 17, 2020)

Summary

Page H5831 of the House section of the Congressional Record for November 17, 2020, from debate on H.R. 2610, the Combating Pandemic Scams Act of 2020. Mr. Walden yields himself time, calls the subcommittee chair a fierce advocate for consumers and thanks her team for making the bill bipartisan, which is his view, while another speaker wishes Mr. Walden well on his retirement from the House. A speaker urges the Federal Trade Commission to win the fight against scammers. The page also prints bill text requiring a COVID-19 report every 3 months and a section on travel and tourism employment during the pandemic.

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“Combating Pandemic Scams Act of 2020 (Cong. Rec., Nov. 17, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-11-17-crec-2020-11-17-pt1-pgh5831-0a648fc587/, SHA-256 ed7d4fcba1ee70a63abece2a4c6b506737614df47c219f355149e5b48516cc4f.

Full text

November 17, 2020 CONGRESSIONAL RECORD — HOUSE H5831
Mr. WALDEN. Mr. Speaker, I yield Mr. Speaker, GREG is a good friend. It cific resources available to caregivers
myself such time as I may consume. has been fun to spar with him. It has already working around the clock.
I have said before and I will say it been fun to work with him. I look for- Let’s help the FTC win this fight
again: I don’t think there is a more ward to his public service after he re- against scammers.
fierce advocate for consumers than the tires from the U.S. House of Represent- Mr. Speaker, I urge the passage of
gentlewoman who chairs the sub- atives. H.R. 2610.
committee. She has, once again, Mr. WALDEN. Mr. Speaker, I yield Mr. WALDEN. Mr. Speaker, I thank
brought solid legislation to the floor. myself such time as I may consume. my friend and colleague from Illinois
We appreciate her and her team work- Mr. Speaker, I thank my good friend for her support of this legislation and
ing with us to make this bipartisan. from New Mexico. I think it is worth her work on it.
Mr. Speaker, I urge passage, and I re- pointing out that this probably won’t Once again, I urge passage of the leg-
serve the balance of my time. make a lot of coverage in national islation, and I yield back the balance of
b 1430 media, but he chaired the Democratic my time.
Congressional Campaign Committee Mr. PALLONE. Mr. Speaker, I would
Mr. PALLONE. Mr. Speaker, I yield when I chaired the National Repub- also urge passage of this bill, which, as
21⁄2 minutes to the gentleman from New lican Congressional Committee. We are we mentioned, includes a lot of other
Mexico (Mr. LUJÁN). Again, I thank of different parties and sort of different bills as well and makes up an impor-
him for all that he has done as our As- regions, in a way; we are both west- tant package dealing with fraud and
sistant Speaker and all that he has erners. But once again, we are working scams.
done for our Indian Tribes. together for the American people, and Mr. Speaker, I yield back the balance
Mr. LUJÁN. Mr. Speaker, I am proud we do a lot of that around here. Espe- of my time.
to support the Fraud and Scam Reduc- cially on the Committee on Energy and The SPEAKER pro tempore. The
tion Act, which includes my bipartisan Commerce, we have a fine record of question is on the motion offered by
Protecting Indian Tribes from Scams working things out. We have 16 of these the gentleman from New Jersey (Mr.
Act that I introduced alongside Rep- bipartisan things on the floor today, PALLONE) that the House suspend the
resentative GIANFORTE, to address the and I just wish our constituents saw rules and pass the bill, H.R. 2610, as
rise of scams during this deadly pan- more of this. amended.
demic. Mr. Speaker, I wish the gentleman The question was taken; and (two-
As our Nation grieves the loss of from New Mexico well in his endeavors thirds being in the affirmative) the
more than 247,000 Americans to COVID– across the Capitol. He will bring a rules were suspended and the bill, as
19, and millions of families experience breath of fresh air over there, and I amended, was passed.
financial hardship, it is nothing short know his commitment to his State and The title of the bill was amended so
of reprehensible that scammers are all who reside in it. as to read: ‘‘A bill to establish an office
preying on the most vulnerable I hope our paths do continue to cross within the Federal Trade Commission
amongst us. in some manner. I have enjoyed serving and an outside advisory group to pre-
Fraud reports to the Federal Trade with the gentleman from New Mexico. vent fraud targeting seniors and to di-
Commission, which had been steady at Mr. Speaker, I reserve the balance of rect the Commission to study and sub-
770,000 per quarter over the past 4 my time. mit a report to Congress on scams tar-
years, jumped to 1.1 million this sum- Mr. PALLONE. Mr. Speaker, may I geting seniors and Indian tribes, and
mer, including an increase of 144 per- inquire how much time I have remain- for other purposes.’’.
cent coinciding with the pandemic. ing. A motion to reconsider was laid on
That demonstrates why we must come The SPEAKER pro tempore. The gen- the table.
together to protect Americans against tleman from New Jersey has 8 minutes f
fraud and theft. remaining.
Nationwide, predatory schemes have Mr. PALLONE. Mr. Speaker, I yield 2 COMBATING PANDEMIC SCAMS
already cost Americans over $1.5 bil- minutes to the gentlewoman from Illi- ACT OF 2020
lion in stolen assets so far in 2020. nois (Ms. KELLY), who is a member of Mr. PALLONE. Mr. Speaker, I move
Scammers have targeted the $1,200 eco- our committee. to suspend the rules and pass the bill
nomic impact payments, peddled false Ms. KELLY of Illinois. Mr. Speaker, (H.R. 6435) to direct the Federal Trade
treatments for COVID–19, and at- since the start of the COVID–19 pan- Commission to develop and dissemi-
tempted to sell defective personal pro- demic, we have seen an increase in nate information to the public about
tective equipment at a time when the scams targeting older Americans. scams related to COVID–19, and for
fears and confusion over COVID–19 re- These scammers promise everything other purposes, as amended.
main high. from COVID cures and take-home test- The Clerk read the title of the bill.
These scams have put elders’, mili- ing kits to insurance and stimulus The text of the bill is as follows:
tary servicemembers’, and families’ funds. H.R. 6435
health and finances at risk, and it is That is why I urge my colleagues to Be it enacted by the Senate and House of Rep-
time for Congress to put an end to the support H.R. 2610, the Fraud and Scam resentatives of the United States of America in
despicable practice. This bipartisan ef- Reduction Act. This bill, championed Congress assembled,
fort will help Congress take additional by my friend, Representative LISA SECTION 1. SHORT TITLE.
measures to tackle this threat and bet- BLUNT ROCHESTER, includes my bill and This Act may be cited as the ‘‘Combating
ter understand the scale of this crisis. Representative MARSHALL’s bill, the Pandemic Scams Act of 2020’’.
As COVID–19 cases and hospitaliza- Protecting Seniors from Emergency SEC. 2. INFORMATION ABOUT SCAMS RELATED
TO COVID–19.
tions rise in New Mexico and across the Scams Act. This bipartisan legislation
Nation, I will continue working, on a ensures that the FTC makes available (a) DISSEMINATION OF INFORMATION.—
(1) IN GENERAL.—As expeditiously as pos-
bipartisan basis, to provide additional resources for older Americans about sible after the date of the enactment of this
relief and alleviate the financial pres- the type and number of scams tar- Act, the Commission, in consultation with
sures that all New Mexicans are facing. geting their region. It also requires an the Attorney General, the Secretary of
Mr. Speaker, I urge my colleagues to FTC report to Congress on that infor- Health and Human Services, the Postmaster
support this legislation to protect our mation so we can prevent seniors from General, the Chief Postal Inspector, and the
communities against scams and fraud. falling victim to scams during future Internet Crime Complaint Center, shall de-
I thank the chairman for his work. I pandemics. velop and disseminate information to the

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thank Chairwoman SCHAKOWSKY for While we may be closer to a vaccine, public about scams related to the novel
coronavirus (COVID-19).
her work. And I thank Chairman and this will likely only increase the num-
(2) REQUIREMENTS.—In carrying out para-
current Ranking Member GREG WAL- ber of these diabolical scams. Let’s arm graph (1), the Commission shall—
DEN for his work, his commitment to older Americans with the right infor- (A) include—
his constituents, his service to the peo- mation to prevent themselves from (i) information regarding mail, tele-
ple of America. falling victim. Let’s make locally spe- marketing, and internet fraud and illegal

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H5832 CONGRESSIONAL RECORD — HOUSE November 17, 2020
robocalls related to COVID-19 that identifies ongoing national emergency for per- deceptive scams. The bill directs the
the most common scams; and sonal gain. Whether phishing for stim- Federal Trade Commission to prioritize
(ii) information regarding where and how ulus checks or fundraising for fake informing the most vulnerable among
to report instances of scams related to
charities, scammers are exploiting us about mail, telemarketing, and
COVID-19, including instructions on how to
file a complaint with the appropriate law en- Americans already struggling finan- internet scams, all related to COVID–
forcement agency; cially and diverting resources away 19.
(B) disseminate information under such from where they could provide des- Importantly, the bill would provide
paragraph in a manner that prioritizes, and perately needed help. Americans with the tools they need to
that is easily accessible by and user-friendly One new scam that has emerged dur- educate and protect themselves against
to, senior citizens and people with infir- ing the COVID–19 pandemic is the con- these very scams. This legislation will
mities and disabilities; tact tracing scam. This scam, which in- be even more important as we work to-
(C) disseminate information under such
volves fraudsters posing as contact gether to ensure that the COVID vac-
paragraph on an internet website of the
Commission that serves as a source of infor- tracers from public health depart- cine is delivered in a safe and timely
mation for the public about scams related to ments, is exacerbating the public fashion.
COVID-19; and health crisis by undermining one of the Mr. Speaker, I am glad to see H.R.
(D) regularly update the information de- most effective tools we have to keep 6435 under consideration today. I urge
veloped and disseminated under such para- communities safe. all of my colleagues to support this
graph to keep pace with the changing nature Instead of documenting the spread of bill, and I reserve the balance of my
of scams related to COVID-19. the virus or alerting those who might time.
(b) DATABASE.—As expeditiously as pos- Mr. PALLONE. Mr. Speaker, I yield 2
have been exposed, these scammers are
sible after the date of the enactment of this
Act, the Commission shall, in consultation only interested in duping Americans minutes to the gentlewoman from New
with State law enforcement agencies, the Di- into turning over sensitive personal in- Hampshire (Ms. KUSTER), the sponsor
rector of the Bureau of Consumer Financial formation or downloading malicious of the bill.
Protection, the Attorney General, the Sec- software on their device. Ms. KUSTER of New Hampshire. Mr.
retary of Health and Human Services, and H.R. 6435 will establish a comprehen- Speaker, I rise in support of H.R. 6435,
other relevant Federal officials, establish a sive national database of scams related the Combating Pandemic Scams Act of
comprehensive national database, either to COVID–19 so that the public can dif- 2020.
within or separate from the Consumer Sen- ferentiate the real contact tracers from Mr. Speaker, I was proud to help in-
tinel Network, that tracks instances of
the imposters and learn how to identify troduce this bipartisan bill with my
scams related to COVID-19.
(c) COMMISSION DEFINED.—In this section, other scams on their own. It will also colleague BUDDY CARTER in April, and I
the term ‘‘Commission’’ means the Federal require the Federal Trade Commission appreciate the support of our col-
Trade Commission. to inform the public about mail, tele- leagues on the Republican side of the
SEC. 3. DETERMINATION OF BUDGETARY EF- marketing, and internet scams related aisle. I would like to take a moment to
FECTS. to COVID–19, including how to report commend BUDDY for his leadership on
The budgetary effects of this Act, for the such scams to the appropriate agency. this important topic.
purpose of complying with the Statutory Mr. Speaker, as the pandemic con- During these challenging times for
Pay-As-You-Go Act of 2010, shall be deter-
tinues, we will continue to see more our country, I have constantly been
mined by reference to the latest statement
titled ‘‘Budgetary Effects of PAYGO Legisla- scams unfold, unfortunately. But this impressed by Americans’ commitment
tion’’ for this Act, submitted for printing in bill will make sure that the American to helping their neighbors pull through
the Congressional Record by the Chairman of public is regularly updated about this crisis. Sadly, where many see an
the House Budget Committee, provided that scams so they can protect themselves opportunity to lend a helping hand,
such statement has been submitted prior to and their loved ones. others see a chance to make a quick
the vote on passage. Mr. Speaker, this is an important buck.
The SPEAKER pro tempore. Pursu- bill. It is going to protect consumers Scammers have posed as medical re-
ant to the rule, the gentleman from during this pandemic, and I call on all searchers, offering opportunities to
New Jersey (Mr. PALLONE) and the gen- of my colleagues to support it. participate in clinical trials. They have
tleman from Oregon (Mr. WALDEN) each Mr. Speaker, I reserve the balance of attempted to sell nonexistent PPE.
will control 20 minutes. my time. They have even tried to trick seniors
The Chair recognizes the gentleman Mr. WALDEN. Mr. Speaker, I yield into buying fake COVID–19 test kits.
from New Jersey. myself such time as I may consume. These shameful acts must not only be
GENERAL LEAVE Mr. Speaker, I rise in support of H.R. condemned, but Congress must take ac-
Mr. PALLONE. Mr. Speaker, I ask 6435, the Combating Pandemic Scams tion to crack down on these scams and
unanimous consent that all Members Act of 2020. I thank Representative inform the American people of these
may have 5 legislative days in which to BUDDY CARTER from Georgia, along devious efforts.
revise and extend their remarks and in- with Representatives KUSTER, BLUNT Our bipartisan legislation will help
clude extraneous material on H.R. 6435. ROCHESTER, and HUDSON, for their work stop COVID scams by directing Federal
The SPEAKER pro tempore. Is there and their leadership on, again, another agencies and departments to inform
objection to the request of the gen- bipartisan piece of legislation. Americans about these criminal
tleman from New Jersey? As we all know, we are in the midst schemes so they can stay alert and
There was no objection. of this horrible pandemic. COVID–19 keep themselves safe. By aggregating
Mr. PALLONE. Mr. Speaker, I yield has forced millions of Americans to data and providing the public with in-
myself such time as I may consume. isolate and rely on the internet to formation on mail, telemarketing, and
Mr. Speaker, I rise to speak in sup- work, learn, receive healthcare, stay robocall fraud schemes, Americans can
port of H.R. 6435, the Combating Pan- connected to loved ones, and so much defend themselves and their families.
demic Scams Act. This bipartisan bill more. Unfortunately, bad actors come Mr. Speaker, this bill is an important
was introduced by Representatives out of the gutters wherever they live to step forward, and I urge my colleagues
CARTER, KUSTER, HUDSON, and BLUNT seek to exploit times of crisis and tar- to support it.
ROCHESTER. I thank them for intro- get our most vulnerable. Mr. WALDEN. Mr. Speaker, I yield 5
ducing this measure to help stem the During this pandemic, we have seen minutes to the gentleman from Geor-
tide of scams and fraud during the scammers attempt to exploit consumer gia (Mr. CARTER), the coauthor of the
COVID–19 pandemic. fear and confusion by falsely promising bill who has been very active on many
In July, the Committee on Energy additional stimulus checks, illegit- of these pieces of legislation.

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and Commerce Subcommittee on Con- imate lifesaving medications, and fake Mr. CARTER of Georgia. Mr. Speak-
sumer Protection and Commerce held a avenues to save businesses or pay em- er, I thank the gentleman for yielding.
hearing on increased risks during the ployees—all scams. Mr. Speaker, I rise in support of my
COVID–19 pandemic. During that hear- H.R. 6435 aims to protect Americans, legislation, H.R. 6435, because of the
ing, we heard about all the ways especially senior citizens and people positive impact it will have on the
scammers are taking advantage of the with disabilities, from malicious and American people.

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November 17, 2020 CONGRESSIONAL RECORD — HOUSE H5833
It has been no surprise that we have The FTC will also create a com- the duration of the COVID–19 public health
seen a rise in fraud and criminal activ- prehensive national database that emergency, the Consumer Product Safety Com-
ity as the Nation grapples with the tracks the COVID–19 scams in con- mission shall submit to the Committee on Energy
and Commerce of the House of Representatives
pandemic response. In these difficult sultation with the Attorney General
and the Committee on Commerce, Science, and
times, scammers have sought to take and the HHS Secretary. This database Transportation of the Senate, and make pub-
advantage of our fellow Americans. will protect American consumers from licly available, a report on the effect of the
Whether it is elderly individuals being malicious scams. Consumers will be COVID–19 public health emergency on injuries
preyed upon by financial scammers or armed with information about the pan- and deaths from consumer products.
people ordering fake health products, demic scams and how to avoid those (b) CONTENTS OF REPORT.—The report shall
there has been a number of scams fac- scams. So we must act now to prevent include the following:
ing our constituents. further harm to American consumers. (1) Relevant data and statistics from—
(A) the data sources of the Commission;
That is why I introduced the Com- Mr. WALDEN. Mr. Speaker, I thank (B) other appropriate agencies;
bating Pandemic Scams Act with my our colleagues on both sides of the (C) media reports;
good friend, Congresswoman KUSTER, aisle for their work on this legislation. (D) poison control centers, to the extent prac-
to address this issue. I urge its passage, and I yield back the tical; and
This bill would direct the FTC, along balance of my time. (E) any other relevant data sources.
with other Federal partners, to dis- Mr. PALLONE. Mr. Speaker, I also (2) An identification of trends in injuries and
seminate information about these urge support for the bill, and I yield deaths from consumer products, comparing data
scams to the public to better protect back the balance of my time. from representative time periods before and dur-
ing the COVID–19 public health emergency.
themselves. That information would be The SPEAKER pro tempore. The (3) An identification of subpopulations that
user-friendly, ensuring vulnerable pop- question is on the motion offered by have experienced elevated risk of injury or
ulations, such as senior citizens and the gentleman from New Jersey (Mr. death from consumer products during the
those with disabilities, would have the PALLONE) that the House suspend the COVID–19 public health emergency, such as mi-
same amount of access. Ensuring peo- rules and pass the bill, H.R. 6435, as norities, infants, people with disabilities, chil-
ple have the most up-to-date informa- amended. dren, or the elderly.
tion on how to protect themselves is The question was taken; and (two- (4) An identification of where most injuries or
thirds being in the affirmative) the deaths from consumer products during the
critical to getting through these trying
COVID–19 public health emergency are taking
times. rules were suspended and the bill, as place, such as the type of building or outdoor
Federal agencies, such as the FTC, amended, was passed. environment.
have been very active in going after A motion to reconsider was laid on (5) A specification about whether consumer
these offenders who have targeted the table. products associated with a substantial number
Americans during this pandemic. This f of injuries or deaths during the COVID–19 pub-
bill will support those Federal efforts lic health emergency are—
PANDEMIC EFFECTS ON HOME (A) under recall;
and help prepare Americans to help
SAFETY AND TOURISM ACT (B) subject to a voluntary consumer product
protect themselves from these scams.
Mr. PALLONE. Mr. Speaker, I move safety standard; or
The bottom line is, this is common- (C) subject to a mandatory consumer product
sense legislation to go after the people to suspend the rules and pass the bill safety standard.
preying on our neighbors and commu- (H.R. 8121) to require the Consumer (6) An identification of emerging consumer
nities. Product Safety Commission to study products that are posing new risks to con-
Mr. Speaker, I thank my colleagues the effect of the COVID–19 pandemic on sumers.
for their bipartisan support of this leg- injuries and deaths associated with (c) COVID–19 PUBLIC HEALTH EMERGENCY
islation and the committee staff for consumer products, and for other pur- DEFINED.—The term ‘‘COVID–19 public health
poses, as amended. emergency’’ means a public health emergency
their work on getting this across the
The Clerk read the title of the bill. declared pursuant to section 319 of the Public
finish line. Health Service Act (42 U.S.C. 247d) as a result of
Mr. Speaker, I urge my colleagues to The text of the bill is as follows: confirmed cases of 2019 novel coronavirus
pass this legislation. H.R. 8121 (COVID–19), including any renewal thereof.
b 1445 Be it enacted by the Senate and House of Rep- TITLE II—PROTECTING TOURISM IN THE
resentatives of the United States of America in UNITED STATES
Mr. PALLONE. Mr. Speaker, I yield 3 Congress assembled,
SEC. 201. SHORT TITLE.
minutes to the gentlewoman from Illi- SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This title may be cited as the ‘‘Protecting
nois (Ms. SCHAKOWSKY), the chair of the (a) SHORT TITLE.—This Act may be cited as Tourism in the United States Act’’.
subcommittee. the ‘‘Pandemic Effects on Home Safety and
SEC. 202. STUDY AND REPORT ON EFFECTS OF
Ms. SCHAKOWSKY. Mr. Speaker, Tourism Act’’. COVID–19 PANDEMIC ON TRAVEL
here we have another great bipartisan (b) TABLE OF CONTENTS.—The table of con- AND TOURISM INDUSTRY IN UNITED
bill that has come out of the com- tents for this Act is as follows: STATES.
Sec. 1. Short title; table of contents. (a) IN GENERAL.—Not later than 1 year after
mittee I am so proud to chair, the Con-
sumer Protection and Commerce Sub- TITLE I—COVID-19 HOME SAFETY the date of enactment of this Act, the Secretary,
Sec. 101. Short title. in consultation with the United States Travel
committee of the Energy and Com- and Tourism Advisory Board and the head of
merce Committee. I thank the authors Sec. 102. Study and report on the effect of the
COVID–19 public health emer- any other Federal agency the Secretary con-
of the legislation: Representatives CAR- gency on injuries and deaths from siders appropriate, shall complete a study on the
TER, HUDSON, KUSTER, and BLUNT ROCH- consumer products. effects of the COVID–19 pandemic on the travel
ESTER. and tourism industry, including various seg-
TITLE II—PROTECTING TOURISM IN THE
The COVID–19 pandemic has been a ments of the travel and tourism industry, such
UNITED STATES
time of confusion and fear for many as domestic, international, leisure, business,
Sec. 201. Short title. conventions, meetings, and events.
Americans, and scammers have no- Sec. 202. Study and report on effects of COVID– (b) MATTERS FOR CONSIDERATION.—In con-
ticed. Fraudsters have tried to steal 19 pandemic on travel and tourism ducting the study required by subsection (a) and
stimulus checks and trick consumers industry in United States. the interim study required by subsection (e)(1),
with fake medical treatments and even TITLE I—COVID-19 HOME SAFETY the Secretary shall consider—
vaccines. Seniors and those with dis- SEC. 101. SHORT TITLE. (1) changes in employment rates in the travel
abilities are especially vulnerable. This title may be cited as the ‘‘COVID–19 and tourism industry during the pandemic pe-
This legislation will protect Amer- Home Safety Act’’. riod;
ican consumers, especially our most SEC. 102. STUDY AND REPORT ON THE EFFECT OF
(2) changes in revenues of businesses in the

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vulnerable, by increasing public aware- THE COVID–19 PUBLIC HEALTH travel and tourism industry during the pan-
EMERGENCY ON INJURIES AND demic period;
ness of COVID–19 scams. It directs the
DEATHS FROM CONSUMER PROD- (3) changes in employment and sales in indus-
Federal Trade Commission to develop UCTS. tries related to the travel and tourism industry,
and disseminate information to the (a) COVID-19 REPORT REQUIRED.—Not later and changes in contributions of the travel and
public about scams related to COVID– than 3 months after the date of enactment of tourism industry to such related industries, dur-
19. this section and every 3 months thereafter for ing the pandemic period;

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