Protecting Indian Tribes from Scams Act
Summary
Senate Report 117-112, Calendar No. 215, of the 117th Congress, 2d Session, dated May 18 (legislative day, May 17), 2022, from the Committee on Commerce, Science, and Transportation on S. 1880, the Protecting Indian Tribes from Scams Act. The report lists the committee members under Chair Maria Cantwell. A section-by-section passage covers unfair or deceptive acts or practices that target Indian Tribes or their members and defines Indian Tribe as having the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act. A closing statement says the bill as reported would make no change to existing law.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Crpt Crpt 117Srpt112 Crpt 117Srpt112
- Case
- Crpt Crpt 117Srpt112 Crpt 117Srpt112
Cite this document
“Protecting Indian Tribes from Scams Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117srpt112-crpt-117srpt112/
, SHA-256 73257b03567dce28aebf4555256de82fc229be11da83b528525e7d222584e2c3.Full text
1
Calendar No. 215
117TH CONGRESS REPORT
" SENATE !
2d Session 117–112
PROTECTING INDIAN TRIBES FROM SCAMS
ACT
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION
ON
S. 1880
MAY 18 (legislative day, MAY 17), 2022.—Ordered to be printed
U.S. GOVERNMENT PUBLISHING OFFICE
29–010 WASHINGTON : 2022
E:\Seals\Congress.#13
VerDate Sep 11 2014 01:17 May 22, 2022 Jkt 029010 PO 00000 Frm 00001 Fmt 4012 Sfmt 4012 E:\HR\OC\SR112.XXX SR112
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota ROGER WICKER, Mississippi
RICHARD BLUMENTHAL, Connecticut JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts TED CRUZ, Texas
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada MIKE LEE, Utah
BEN RAY LUJÁN, New Mexico RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado SHELLEY MOORE CAPITO, West Virginia
RAPHAEL WARNOCK, Georgia RICK SCOTT, Florida
CYNTHIA LUMMIS, Wyoming
LILA HELMS, Staff Director
JOHN KEAST, Minority Staff Director
(II)
VerDate Sep 11 2014 01:17 May 22, 2022 Jkt 029010 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 E:\HR\OC\SR112.XXX SR112
Calendar No. 215
117TH CONGRESS REPORT
" SENATE !
2d Session 117–112
PROTECTING INDIAN TRIBES FROM SCAMS ACT
MAY 18 (legislative day, MAY 17), 2022.—Ordered to be printed
Ms. CANTWELL, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1880]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1880) to direct the Federal Trade
Commission to submit to Congress a report on unfair or deceptive
acts or practices targeted at Indian Tribes or members of Indian
Tribes, and for other purposes, having considered the same, reports
favorably thereon with an amendment (in the nature of a sub-
stitute) and recommends that the bill (as amended) do pass.
PURPOSE OF THE BILL
The purpose of S. 1880 is to direct the Federal Trade Commis-
sion (FTC or Commission) to submit to Congress a report on unfair
or deceptive acts or practices targeted at Indian Tribes or members
of Indian Tribes and to include information about identifying and
avoiding such acts or practices on its website.
BACKGROUND AND NEEDS
Each year, millions of Americans are victims of fraud and
scams.1 In the U.S. marketplace, financial fraud, identity theft,
government impostor scams, and COVID–19 scams are among the
most commonly reported schemes.2 While fraud affects every com-
munity, FTC data suggests that scams targeting Indian Tribes and
1 Federal Trade Commission, ‘‘New Data Shows FTC Received 2.2 Million Fraud Reports from
Consumers in 2020,’’ press release, February 4, 2021 (https://www.ftc.gov/news-events/press-
releases/2021/02/new-data-shows-ftc-received-2-2-million-fraud-reports-consumers).
2 Federal Bureau of Investigation, ‘‘Common Scams and Crimes’’ (https://www.fbi.gov/scams-
and-safety/common-scams-and-crimes).
VerDate Sep 11 2014 01:17 May 22, 2022 Jkt 029010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR112.XXX SR112
2
their members have increased in volume during the COVID–19
pandemic, and American Indian and Alaska Native (AI/AN) indi-
viduals are more likely to be victims of scams and less likely to re-
port scams than other racial and ethnic groups.3
Indian Tribes and Tribal members are considered a particularly
attractive target for scammers due, in part, to a steady influx of
lump sum payments to Tribal governments and communities.4
Those payments have historically come from tribal dividend pay-
ments, trust fund settlements, land trust consolidation, per capita
payments, and Federal lawsuit settlements.5 In the most recent
COVID–19 packages, particularly the CARES Act and the Amer-
ican Rescue Plan, Tribes, Tribal members and individuals have re-
ceived historic investments from the Federal Government, which
places them at greater risk of fraud and scams worthy of warnings
by the Commission.6 In some cases, fraudsters and scammers may
know the timing and size of these payouts and attempt to trick AI/
AN individuals and Tribes into giving up a portion or all of their
allocations or earnings.7 Identity theft, price gouging, and estab-
lishing loans using per capita payments as collateral are some of
the fraudulent practices scammers have purportedly used to steal
money from Indian Tribes and their members.8
The FTC has a broad mandate to protect consumers from unfair
or deceptive acts or practices in the marketplace. In recent years,
the FTC has produced reports outlining its efforts to protect certain
segments of the U.S. population that have been targeted or dis-
proportionately affected by financial schemes or scams.9 S. 1880, as
reported, would require the FTC to develop a report specifically fo-
cused on unfair or deceptive practices targeting Indian Tribes and
their members. The bill would require the FTC to submit the re-
port to Congress and update the Commission’s website with infor-
mation for consumers and businesses on identifying and avoiding
unfair or deceptive acts or practices targeting Indian Tribes and
members of Indian Tribes.
LEGISLATIVE HISTORY
S. 1880 was introduced on May 27, 2021, by Senator Luján (for
himself and Senator Moran) and was referred to the Committee on
Commerce, Science, and Transportation of the Senate. Senators
Tester and Daines are additional cosponsors. On August 4, 2021,
the Committee met in open Executive Session and, by voice vote,
ordered S. 1880 reported favorably with an amendment (in the na-
ture of a substitute).
3 U.S. Department of the Interior: Indian Affairs, ‘‘How to Avoid Getting Scammed’’ (https://
www.bia.gov/service/starting-business/how-avoid-getting-scammed).
4 Federal Trade Commission, ‘‘Fraud Affects Every Community,’’ transcript from FTC work-
shop, part I/panel I, October 29, 2014 (https://www.ftc.gov/system/files/documents/videos/fraud-
affects-every-community-workshop-part-1/ftc_fraud_affects_every_community_workshop_-
_transcript_segment_1.pdf); see also First Nations Development Institute, ‘‘Fighting Fraud 101’’
(https://www.firstnations.org/projects/fighting-fraud-101-pamphlet/).
5 Ibid.
6 Federal Trade Commission Consumer Information, ‘‘Scams Will Follow New Rescue Plan’’
(https://www.consumer.ftc.gov/blog/2021/03/scams-will-follow-new-covid-19-rescue-plan).
7 First Nations Development Institute, ‘‘Fighting Fraud 101’’ (https://www.firstnations.org/
projects/fighting-fraud-101-pamphlet/).
8 Ibid.
9 Federal Trade Commission, Protecting Older Consumers 2019–2020, October 18, 2020
(https://www.ftc.gov/system/files/documents/reports/protecting-older-consumers-2019-2020-report-
federal-trade-commission/p144400_protecting_older_adults_report_2020.pdf).
VerDate Sep 11 2014 01:17 May 22, 2022 Jkt 029010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR112.XXX SR112
3
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the Standing
Rules of the Senate and section 403 of the Congressional Budget
Act of 1974, the Committee provides the following cost estimate,
prepared by the Congressional Budget Office:
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, DC, February 25, 2022.
Hon. MARIA CANTWELL,
Chair, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
DEAR MADAM CHAIR: The Congressional Budget Office has pre-
pared the enclosed cost estimate for S. 1880, the Protecting Indian
Tribes from Scams Act.
If you wish further details on this estimate, we will be pleased
to provide them. The CBO staff contact is David Hughes.
Sincerely,
PHILLIP L. SWAGEL,
Director.
Enclosure.
S. 1880 would require the Federal Trade Commission (FTC) to
study and report to the Congress on unfair or deceptive acts or
practices that target Indian Tribes or members of Indian Tribes
and to update its website to include information for consumers and
businesses on avoiding such acts or practices.
Using information from the FTC about the cost of similar activi-
ties, CBO estimates that it would cost the agency less than
$500,000 to complete the required study and update its website;
any spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is David Hughes. The es-
timate was reviewed by H. Samuel Papenfuss, Deputy Director of
Budget Analysis.
Insert offset folio 7 here SR112.001
VerDate Sep 11 2014 01:17 May 22, 2022 Jkt 029010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR112.XXX SR112
4
REGULATORY IMPACT STATEMENT
Because S. 1880 does not create any new programs, the legisla-
tion will have no additional regulatory impact, and will result in
no additional reporting requirements. The legislation will have no
further effect on the number or types of individuals and businesses
regulated, the economic impact of such regulation, the personal pri-
vacy of affected individuals, or the paperwork required from such
individuals and businesses.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the Standing
Rules of the Senate, the Committee provides that no provisions
contained in the bill, as reported, meet the definition of congres-
sionally directed spending items under the rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section provides that the bill may be cited as the ‘‘Protecting
Indian Tribes from Scams Act’’.
Section 2. Protecting Indian Tribes from unfair or deceptive acts or
practices.
Paragraph (a) provides that, not later than 1 year after the date
of enactment of this Act, the Commission must, after consulting
with Indian Tribes, submit to the appropriate committees in Con-
gress and make publicly available on its website a report regarding
unfair or deceptive acts or practices targeting Indian Tribes or
their members. The report must include: (1) a description of the
types of unfair or deceptive acts or practices that target Indian
Tribes or their members; (2) a description of the Commission’s con-
sumer education activities regarding such acts or practices; (3) a
description of the Commission’s efforts to collaborate with Indian
Tribes to prevent such unfair or deceptive practices or to pursue
perpetrators of such acts or practices; (4) a summary of the Com-
mission’s enforcement actions relating to such acts or practices;
and (5) any recommendations for legislation to prevent such acts
or practices.
Paragraph (b) provides that the Commission must, within 6
months of the bill’s enactment, update its website with information
that helps consumers and businesses identify and avoid unfair or
deceptive acts or practices that target Indian Tribes or their mem-
bers.
Paragraph (c) defines three terms used in the bill. This section
defines ‘‘Indian Tribe’’ as having the same meaning given that term
in section 4 of the Indian Self-Determination and Education Assist-
ance Act.10
10 25 U.S.C. 5304.
VerDate Sep 11 2014 01:17 May 22, 2022 Jkt 029010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR112.XXX SR112
5
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as reported
would make no change to existing law.
Æ
VerDate Sep 11 2014 01:17 May 22, 2022 Jkt 029010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6611 E:\HR\OC\SR112.XXX SR112
File and source
- File
- CRPT_crpt-117srpt112_crpt-117srpt112.pdf
- Size
- 360,936 bytes
- SHA-256
- 73257b03567dce28aebf4555256de82fc229be11da83b528525e7d222584e2c3
- Original
- www.govinfo.gov