US Codex
Pub. L.
Notes

Division Q — Consumer Protection

117th Congress · Approved Mar 15, 2022 · 136 Stat. 49

DIVISION Q Consumer Protection

TITLE I Fraud and Scam Reduction

SEC. 101. Short Title.

This title may be cited as the “Fraud and Scam Reduction Act”.

Subtitle A Preventing Consumer Scams Directed at Seniors

SEC. 111. Short Title.

This subtitle may be cited as the “Stop Senior Scams Act”.

SEC. 112. Senior Scams Prevention Advisory Group.

(a)
Establishment.— There is established a Senior Scams Prevention Advisory Group (in this subtitle referred to 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 the 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)
includes—
(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 (A)(iv), by striking the period at the end and inserting a semicolon;
(2)
in subparagraph (B), by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following:

“(C) with respect to the report by the Federal Trade Commission, in relevant years, including information on—

“(i) the newly created materials, guidance, or recommendations of the Senior Scams Prevention Advisory Group established under section 112 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 subtitle, and the amendments made by this subtitle, ceases to be effective on the date that is 5 years after the date of enactment of this Act.

Subtitle B Senior Fraud Advisory Office

SEC. 121. Short Title.

This subtitle may be cited as the “Seniors Fraud Prevention Act of 2022”.

SEC. 122. Office for the Prevention of Fraud Targeting Seniors.

(a)
Establishment of Advisory Office.— The Federal Trade Commission (in this section referred to as the “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 (in this section 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 and 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, shall—
(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 publicly available information of any 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 and in consultation with the Attorney General, shall 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 1 year after the date of enactment of this Act.
(c)
Use of Existing Funds.— No additional funds are authorized to be appropriated to carry out this section and the Commission shall carry out this section using amounts otherwise made available to the Commission.

TITLE II Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2022

SEC. 201. Short Title.

This title may be cited as the “Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2022”.

SEC. 202. Findings and Sense of Congress.

(a)
Findings.— Congress finds the following:
(1)
Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death.
(2)
Unintentional carbon monoxide poisoning from motor vehicles and improper operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, annually kills more than 400 individuals and sends approximately 15,000 individuals to hospital emergency rooms for treatment.
(3)
Research shows that installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities.
(b)
Sense of Congress.— It is the sense of Congress that Congress should promote the installation of carbon monoxide alarms in residential homes and dwelling units across the United States in order to promote the health and public safety of citizens throughout the United States.

SEC. 203. Definitions.

In this title:
(1)
Carbon monoxide alarm.— The term “carbon monoxide alarm” means a device or system that—
(A)
detects carbon monoxide; and
(B)
is intended to sound an alarm at a carbon monoxide concentration below a concentration that could cause a loss of the ability to react to the dangers of carbon monoxide exposure.
(2)
Commission.— The term “Commission” means the Consumer Product Safety Commission.
(3)
Compliant carbon monoxide alarm.— The term “compliant carbon monoxide alarm” means a carbon monoxide alarm that complies with the most current version of—
(A)
the Standard for Single and Multiple Station Carbon Monoxide Alarms of the American National Standards Institute and UL (ANSI/UL 2034), or any successor standard; and
(B)
the Standard for Gas and Vapor Detectors and Sensors of the American National Standards Institute and UL (ANSI/UL 2075), or any successor standard.
(4)
Dwelling unit.— The term “dwelling unit”—
(A)
means a room or suite of rooms used for human habitation; and
(B)
includes—
(i)
a single family residence;
(ii)
each living unit of a multiple family residence, including an apartment building; and
(iii)
each living unit in a mixed use building.
(5)
Fire code enforcement officials.— The term “fire code enforcement officials” means officials of the fire safety code enforcement agency of a State or local government or a Tribal organization.
(6)
International fire code.— The term “IFC” means—
(A)
the 2015 or 2018 edition of the International Fire Code published by the International Code Council; or
(B)
any amended or similar successor code pertaining to the proper installation of carbon monoxide alarms in dwelling units.
(7)
International residential code.— The term “IRC” means—
(A)
the 2015 or 2018 edition of the International Residential Code published by the International Code Council; or
(B)
any amended or similar successor code pertaining to the proper installation of carbon monoxide alarms in dwelling units.
(8)
NFPA 720.— The term “NFPA 720” means—
(A)
the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and
(B)
any amended or similar successor standard relating to the proper installation of carbon monoxide alarms in dwelling units.
(9)
State.— The term “State”—
(A)
has the meaning given the term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)); and
(B)
includes—
(i)
the Commonwealth of the Northern Mariana Islands; and
(ii)
any political subdivision of a State.
(10)
Tribal organization.— The term “Tribal organization” has the meaning given the term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)).

SEC. 204. Grant Program for Carbon Monoxide Poisoning Prevention.

(a)
In General.— Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to States and Tribal organizations that are eligible under subsection (b) to carry out the carbon monoxide poisoning prevention activities described in subsection (e).
(b)
Eligibility.— For the purposes of this section, an eligible State or Tribal organization is any State or Tribal organization that—
(1)
demonstrates to the satisfaction of the Commission that the State or Tribal organization has adopted a statute or a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 72, the IFC, or the IRC; and
(2)
submits an application—
(A)
to the Commission at such time, in such form, and containing such additional information as the Commission may require; and
(B)
that may be filed on behalf of the State or Tribal organization by the fire safety code enforcement agency of that State or Tribal organization.
(c)
Grant Amount.— The Commission shall determine the amount of each grant awarded under this section.
(d)
Selection of Grant Recipients.— In selecting eligible States and Tribal organizations for the award of grants under this section, the Commission shall give favorable consideration to an eligible State or Tribal organization that demonstrates a reasonable need for funding under this section and that—
(1)
requires the installation of one or more compliant carbon monoxide alarms in a new or existing educational facility, childcare facility, health care facility, adult dependent care facility, government building, restaurant, theater, lodging establishment, or dwelling unit—
(A)
within which a fuel-burning appliance, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel, is installed; or
(B)
that has an attached garage; and
(2)
has developed a strategy to protect vulnerable populations, such as children, the elderly, or low-income households, from exposure to unhealthy levels of carbon monoxide.
(e)
Use of Grant Funds.—
(1)
In general.— Subject to paragraph (2), an eligible State or Tribal organization to which a grant is awarded under this section may use the grant—
(A)
to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly individuals, facilities that commonly serve children or the elderly (including childcare facilities, public schools, and senior centers);
(B)
for the development and dissemination of training materials, instructors, and any other costs relating to the training sessions authorized under this subsection; or
(C)
to educate the public about—
(i)
the risk associated with carbon monoxide as a poison; and
(ii)
the importance of proper carbon monoxide alarm use.
(2)
Limitations.—
(A)
Administrative costs.— An eligible State or Tribal organization to which a grant is awarded under this section may use not more than 5 percent of the grant amount to cover administrative costs that are not directly related to training described in paragraph (1)(B).
(B)
Public outreach.— An eligible State or Tribal organization to which a grant is awarded under this section may use not more than 25 percent of the grant amount to cover the costs of activities described in paragraph (1)(C).
(C)
State contributions.— An eligible State to which a grant is awarded under this section shall, with respect to the costs incurred by the State in carrying out activities under the grant, provide non-Federal contributions in an amount equal to not less than 25 percent of the amount of Federal funds provided under the grant to administer the program. This subparagraph shall not apply to Tribal organizations.
(f)
Funding.—
(1)
In general.— The Commission shall carry out this title using amounts appropriated to the Commission for each of fiscal years 2022 through 2026, to extent such funds are available.
(2)
Limitation on administrative expenses.— In a fiscal year, not more than 10 percent of the amounts appropriated or otherwise made available to carry out this title may be used for administrative expenses.
(g)
Report.— Not later than 1 year after the last day of each fiscal year in which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required under this section.

TITLE III United States Anti-Doping Agency Reauthorization

SEC. 301. Short Title.

This title may be cited as the “United States Anti-Doping Agency Reauthorization Act of 2022”.

SEC. 302. Findings.

Congress makes the following findings:
(1)
The United States Anti-Doping Agency—
(A)
is the independent national anti-doping organization of the United States; and
(B)
manages the anti-doping program, results management processes, drug reference resources, and athlete education for all United States Olympic Committee-recognized national governing bodies and the athletes and events of such national governing bodies.
(2)
The United States Anti-Doping Agency contributes to the advancement of clean sport through scientific research, anti-doping education, and outreach programs, and the mission of the United States Anti-Doping Agency is to preserve the integrity of competition and protect the rights of athletes.
(3)
Participation in youth sports has the potential to equip young athletes with important skills and values necessary for success in life, and it is essential that the culture of youth sports emphasizes such skills and values.
(4)
The TrueSport program of the United States Anti-Doping Agency partners with youth sport organizations across the United States to promote sportsmanship, character building, and healthy performance through the use of targeted educational materials designed to promote a positive youth sport experience.
(5)
In modifying the authority of the United States Anti-Doping Agency to include the promotion of the positive values of youth sport, Congress sends a strong signal that the goals of youth sport should include instilling in young athletes the values of integrity, respect, teamwork, courage, and responsibility.
(6)
Due to the unique leadership position of the United States in the global community, adequate funding of the anti-doping and clean sport programs of the United States Anti-Doping Agency is imperative to the preparation for the 2028 Summer Olympic Games, which will be held in Los Angeles, California.
(7)
Increased appropriations for fiscal years 2023 through 2031 would enable the United States Anti-Doping Agency to directly affect the integrity and well-being of sport, both domestically and internationally.

SEC. 303. Modifications of Authority.

Section 701 of the Office of National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C. 2001) is amended—
(1)
in subsection (b)—
(A)
by amending paragraph (1) to read as follows:

“(1)

(A) serve as the independent anti-doping organization for the amateur athletic competitions recognized by the United States Olympic and Paralympic Committee;

“(B) be responsible for certifying in advance any testing conducted by international organizations under the World Anti-Doping Code for international amateur athletes and athletic competitions occurring within the jurisdiction of the United States; and

“(C) be recognized worldwide as the independent national anti-doping organization for the United States;”

(B)
in paragraph (4), by striking the period at the end and inserting “ ; and”; and
(C)
by adding at the end the following:

“(5) promote a positive youth sport experience by using a portion of the funding of the United States Anti-Doping Agency to provide educational materials on sportsmanship, character building, and healthy performance for the athletes, parents, and coaches who participate in youth sports.”

; and

(2)
by adding at the end the following:

“(c) Due Process in Arbitration Proceedings.—Any action taken by the United States Anti-Doping Agency to enforce a policy, procedure, or requirement of the United States Anti-Doping Agency against a person with respect to a violation of Federal law, including an investigation, a disciplinary action, a sanction, or any other administrative action, shall be carried out in a manner that provides due process protection to the person.”

SEC. 304. Authorization of Appropriations.

Section 703 of the Office of National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C. 2003) is amended to read as follows:

“SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated to the United States Anti-Doping Agency—

“(1) for fiscal year 2023, $15,500,000;

“(2) for fiscal year 2024, $16,200,000;

“(3) for fiscal year 2025, $16,900,000;

“(4) for fiscal year 2026, $17,700,000;

“(5) for fiscal year 2027, $18,500,000;

“(6) for fiscal year 2028, $19,800,000;

“(7) for fiscal year 2029, $22,100,000;

“(8) for fiscal year 2030, $24,900,000; and

“(9) for fiscal year 2031, $23,700,000.”

SEC. 305. Information Sharing.

Except as otherwise prohibited by law and except in cases in which the integrity of a criminal investigation would be affected, pursuant to the obligation of the United States under Article 7 of the United Nations Educational, Scientific, and Cultural Organization International Convention Against Doping in Sport done at Paris October 19, 2005, and ratified by the United States in 2008, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Food and Drugs shall provide to the United States Anti-Doping Agency any relevant information relating to the prevention of the use of performance-enhancing drugs or the prohibition of performance-enhancing methods.

TITLE IV Protecting Indian Tribes from Scams

SEC. 401. Short Title.

This title may be cited as the “Protecting Indian Tribes from Scams Act”.

SEC. 402. Protecting Indian Tribes from Unfair or Deceptive Acts or Practices.

(a)
FTC Report on Unfair or Deceptive Acts or Practices Targeting Indian Tribes.— Not later than 1 year after the date of enactment of this Act, and after consultation with Indian Tribes, the Commission shall make publicly available on the website of the Commission and submit to the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Indian Affairs of the Senate a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, including—
(1)
a description of the types of unfair or deceptive acts or practices identified by the Commission as being targeted at Indian Tribes or members of Indian Tribes;
(2)
a description of the consumer education activities of the Commission with respect to such acts or practices;
(3)
a description of the efforts of the Commission to collaborate with Indian Tribes to prevent such acts or practices or to pursue persons using such acts or practices;
(4)
a summary of the enforcement actions taken by the Commission related to such acts or practices; and
(5)
any recommendations for legislation to prevent such acts or practices.
(b)
Increasing Awareness of Unfair or Deceptive Acts or Practices Targeting Indian Tribes.— Not later than 6 months after the date of the submission of the report required by subsection (a), the Commission shall update the website of the Commission to include information for consumers and businesses on identifying and avoiding unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes.
(c)
Definitions.— In this section:
(1)
Commission.— The term “Commission” means the Federal Trade Commission.
(2)
Indian tribe.— The term “Indian Tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).