S 2544
GUARD Act
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed Senate
- Passed House
- To President
- Became Law
Bill overview
The GUARD Act allows state, local, and Tribal law enforcement agencies, as well as those receiving federal grants, to use those funds to investigate elder financial fraud, ‘pig butchering’ scams, and general financial fraud. It clarifies that federal law enforcement can assist in using tracing tools for blockchain technology. The bill also requires agencies to report on their use of funds and directs federal agencies to submit a comprehensive report to Congress on the scope and impact of these scams across the United States.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Angus S., Jr. King
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yoursRead the latest version inline or switch to a previous version.
119th CONGRESS — 1st Session
S. 2544
IN THE SENATE OF THE UNITED STATES
A BILL
To permit State, local, and Tribal law enforcement agencies and grantees that receive eligible Federal grant funds to use such funds for investigating elder financial fraud, pig butchering, and general financial fraud, and to clarify that Federal law enforcement agencies may assist State, local, and Tribal law enforcement agencies in the use of tracing tools for blockchain and related technology, and for other purposes.
This Act may be cited as the Guarding Unprotected Aging Retirees from Deception Act GUARD Act
or the
.
In this Act:
The term eligible Federal grant funds means funds received under any of the following:
Economic, High-Technology, White Collar, and Internet Crime Prevention National Training and Technical Assistance Program), including relating to the use of technology to solve crimes and to facilitate prosecutions (commonly known as the
Internet of Things (IoT) National Training and Technical Assistance Program).
Title 28, Code of Federal Regulations, part 23 (commonly known as Justice Information Sharing Training and Technical Assistance Program
).
COPS Technology and Equipment Program).
The term general financial fraud means, in order to obtain money or other things of value—
The term pig butchering means a confidence and investment fraud in which the victim is gradually lured into making increasing monetary contributions, generally in the form of cryptocurrency, to a seemingly sound investment before the scammer disappears with the contributed monies.
The term scam means a financial crime undertaken through the use of social engineering that uses deceptive inducement to acquire—
personal or sensitive information that can facilitate the theft of financial assets.
The term State means each of the several States, the District of Columbia, and each territory of the United States.
hiring and retaining analysts, agents, experts, and other personnel;
providing training specific to complex financial investigations, including training on—
coordination and collaboration between State, local, Tribal, and Federal law enforcement agencies;
assisting victims of financial fraud and exploitation;
Critical and Emerging Technology List Updateof the Fast Track Action Subcommittee on Critical and Emerging Technologies of the National Science and Technology Council (the
Critical and Emerging Technology List); and
unique aspects of fraud investigations, including transnational financial investigations and emerging technologies identified in the Critical and Emerging Technology List;
obtaining software and technical tools to conduct financial fraud and exploitation investigations;
encouraging improved data collection and reporting;
supporting training and tabletop exercises to enhance coordination and communication between financial institutions and State, local, Tribal, and Federal law enforcement agencies for the purpose of stopping fraud and scams; and
designating a financial sector liaison to serve as a point of contact for financial institutions to share and exchange with State, local, Tribal, and Federal law enforcement agencies information relevant to the investigation of fraud and scams.
an explanation of the amount of funds so used, and the specific purpose for which the funds were used;
Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury and the Director of the Financial Crimes Enforcement Network in consultation with the Attorney General, the Secretary of Homeland Security, and the appropriate Federal banking agencies and Federal functional regulators shall, jointly, submit to Congress a report on efforts and recommendations related to general financial fraud, pig butchering, elder financial fraud, and scams.
Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury and the Director of the Financial Crimes Enforcement Network, in consultation with the Attorney General, the Secretary of Homeland Security, and the appropriate Federal banking agencies and Federal functional regulators, shall submit a report to Congress on the state of scams in the United States that—
estimates—
the number of financial fraud, pig butchering, elder financial fraud, and scams committed against American consumers each year, including—
attempted scams, including through social media, online dating services, email, impersonation of financial institutions and nonbank financial institutions; and
successful scams, including through social media, online dating services, email, impersonation of financial institutions and nonbank financial institutions;
the number of consumers each year that lose money to 1 or more scams;
the dollar amount of consumer losses to scams each year;
the percentage of scams each year that can be attributed to—
overseas actors; and
organized crime;
the number of attempted scams each year that involve the impersonation of phone numbers associated with financial institutions and nonbank financial institutions; and
an estimate of the number of synthetic identities impersonating American consumers each year;
provides an overview of the Federal civil and criminal enforcement actions brought against the recipients of the proceeds of financial fraud, pig butchering, elder financial fraud, and scams during the period covered by the report that includes—
the number of such enforcement actions;
an evaluation of the effectiveness of such enforcement actions;
an identification of the types of claims brought against the recipients of the proceeds of financial fraud, pig butchering, elder financial fraud, and scams;
an identification of the types of penalties imposed through such enforcement actions;
an identification of the types of relief obtained through such enforcement actions; and
the number of such enforcement actions that are connected to a Suspicious Activity Report; and
identifies amounts made available and amounts expended to address financial fraud, pig butchering, elder financial fraud, and scams during the period covered by the report by—
the Bureau of Consumer Financial Protection;
the Department of Justice;
the Federal Bureau of Investigation;
the Federal Communications Commission;
the Board of Governors of the Federal Reserve Board;
the Federal Trade Commission;
the Financial Crimes Enforcement Network;
the Securities and Exchange Commission; and
the Social Security Administration.
In carrying out the report required under subsection (a), the Secretary of the Treasury shall solicit comments from consumers, social media companies, email providers, telecommunications companies, financial institutions, and nonbank financial institutions.
Each Federal agency that provides eligible Federal grant funds that are used for a purpose specified under section 3(a) shall issue an annual report to the , the , the , and the containing the information received from law enforcement agencies under section 3(b).
Federal law enforcement agencies may assist State, local, and Tribal law enforcement agencies and fusion centers in the use of tracing tools for blockchain and related technology tools.