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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.

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Congressional materials
Document type
Crpt Crpt 117Srpt112 Crpt 117Srpt112
Case
Crpt Crpt 117Srpt112 Crpt 117Srpt112

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“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
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                                       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)




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                                                                                                       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).




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                                                                                          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).




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                                                                                          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


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                                                                                            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.




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                                                                                          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




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