Overview

Title

To amend the Investor Protection and Securities Reform Act of 2010 to provide grants to States for enhanced protection of senior investors and senior policyholders, and for other purposes.

ELI5 AI

H.R. 8478 is like helping states buy better tools and teach people how to protect grandma and grandpa from being tricked out of their money. It gives states money to hire people and buy stuff to stop bad guys, but they can't spend it on things like rent or electricity.

Summary AI

H.R. 8478 aims to amend the Investor Protection and Securities Reform Act of 2010 to support states in protecting senior citizens from financial fraud and exploitation. The bill proposes providing grants to state securities and insurance offices, which can use these funds to hire staff, acquire technology, and offer training to identify and combat scams targeting seniors. It emphasizes educational initiatives for seniors to raise awareness of potential financial fraud and encourages the improvement of state laws to offer better protection. The bill authorizes up to $10 million in funding annually from 2025 to 2030 to achieve these goals, with grants potentially reaching $1 million per year for states serving dual roles in securities and insurance regulation.

Published

2024-05-21
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-05-21
Package ID: BILLS-118hr8478ih

Bill Statistics

Size

Sections:
4
Words:
1,746
Pages:
9
Sentences:
42

Language

Nouns: 452
Verbs: 144
Adjectives: 114
Adverbs: 11
Numbers: 63
Entities: 107

Complexity

Average Token Length:
4.20
Average Sentence Length:
41.57
Token Entropy:
5.12
Readability (ARI):
22.54

AnalysisAI

General Summary of the Bill

The bill, titled the "Empowering States to Protect Seniors from Bad Actors Act," seeks to amend the Investor Protection and Securities Reform Act of 2010. Its primary aim is to provide grants to state securities and insurance departments to enhance the protection of senior investors and senior policyholders from financial fraud. Seniors, in this context, are defined as individuals aged 62 or older. The bill proposes allocating up to $10 million annually from 2025 to 2030 for these grants, which are intended to support activities like hiring staff, funding technology and training, and developing educational materials to combat financial fraud targeting seniors.

Summary of Significant Issues

One of the bill's significant issues is its restriction on using grant funds for indirect expenses, such as rent and utilities, which are essential for operational functions. This could hamper the effectiveness of the programs supported by the grants. Another point of concern is the broad definition of "senior financial fraud." This broadness may lead to differing interpretations and enforcement standards across states, potentially affecting the uniformity and efficiency of the initiative.

Furthermore, the eligibility criteria for the grants are limited to state securities and insurance departments. This exclusion of other organizations that might effectively use these funds could limit the initiative's reach and impact. Moreover, the bill lacks detailed guidance on the grant application and selection process, which raises concerns about the transparency and fairness of fund distribution. The absence of mandated collaboration with federal entities dedicated to elder abuse and financial fraud may result in duplicative efforts and inefficient resource use.

Impact on the Public

Broadly, the bill aims to address the growing issue of financial fraud against seniors, which has been highlighted by significant losses reported in recent years. If implemented effectively, these measures could offer enhanced protection for seniors, potentially reducing the financial exploitation of a vulnerable segment of the population. The increased awareness and educational components may empower seniors with the knowledge to recognize and avoid fraud attempts.

Impact on Specific Stakeholders

For state securities and insurance departments, the bill presents an opportunity to bolster their capabilities and resources in fighting senior financial fraud. However, the exclusion of indirect expenses from the grant's permissible uses may limit these efforts, especially for smaller or resource-constrained agencies.

Seniors stand to benefit the most from the bill, as it strives to protect them from scams and financial exploitation. However, the effectiveness of these benefits hinges on the proper allocation and use of grant funds and the ability of state departments to deploy meaningful interventions.

Organizations that work with seniors, but are not eligible to receive grants under this bill, may feel disadvantaged by not having access to these additional resources. This could create disparities in the level of protection available to seniors based on which state or organization is providing the assistance.

In conclusion, while the bill has the potential to significantly bolster protections for senior investors and policyholders, its impact largely depends on resolving existing issues around fund allocation, eligibility criteria, and program implementation. Without addressing these concerns, the bill's effectiveness could be compromised, leaving gaps in protection that vulnerable seniors cannot afford.

Financial Assessment

The bill, H.R. 8478, involves specific financial allocations aimed at enhancing state-level efforts to protect senior citizens from financial scams and fraud. It introduces a grant program that provides funding to state securities and insurance offices. Here's a closer look at the financial aspects:

Financial Allocations

The bill authorizes $10 million per year for fiscal years 2025 through 2030. These funds are directed towards grants with the purpose of hiring staff, obtaining technology and equipment, and training personnel to combat senior financial fraud. The maximum amount a state can receive in grants is $500,000 per year, and states fulfilling dual roles in securities and insurance regulation may receive up to $1,000,000 per year.

Restrictions and Limitations

One notable restriction is that grant funds cannot be used for indirect expenses such as rent, utilities, or general administrative costs not directly related to the program's purpose. This limitation is meant to ensure funds are used explicitly for direct program activities but may hinder the operational capacity of eligible entities, particularly smaller departments that may struggle with fixed costs. This restriction underscores an issue where potentially necessary indirect expenses are excluded, which could impact the effectiveness of program delivery.

Issues with Financial Definitions and Implementation

The broad definition of "senior financial fraud," coupled with vague details regarding performance objectives and reporting metrics, grants the Commission significant discretionary power. This could lead to inconsistencies in how grants are allocated and used across different states. The lack of specificity might result in varied interpretations, potentially affecting how uniformly funds are utilized and how effectively objectives are achieved.

Moreover, the bill restricts eligibility to state securities and insurance departments, possibly overlooking other organizations that are also capable of utilizing these funds to protect seniors. The process and criteria for grant applications are not comprehensively detailed, raising concerns about the equitable distribution of funds and transparency in the application process.

Impact Absence for Larger Populations

Lastly, the set grant amounts may not fully accommodate states with larger populations or widespread communities, which might limit the program's impact in those areas. These states might face more significant challenges and require greater resources to effectively combat senior financial fraud. The fixed grant caps could therefore be a limiting factor in achieving the intended outcomes of the legislation.

In conclusion, while the bill targets an important issue by financially enabling states to protect seniors from financial exploitation, there are various financial and administrative considerations that could impact its overall effectiveness and fair implementation across the country.

Issues

  • The restriction on using grant funds for indirect expenses in Section 989A might significantly limit the operational capacity of eligible entities. Essential costs such as rent and utilities are excluded, which could hinder the program's execution.

  • The bill lacks specificity in defining performance objectives and reporting metrics under Section 3 and Section 989A. This vagueness grants the Commission broad discretion, potentially resulting in inconsistent program evaluation and a lack of accountability.

  • Section 3 and Section 989A's broad definition of 'senior financial fraud' may lead to inconsistent interpretations and enforcement across different states, affecting the uniformity and effectiveness of measures taken.

  • The eligibility criteria in Section 989A limit grant access to state securities and insurance departments, potentially excluding other capable organizations that work closely with seniors and could effectively utilize these funds.

  • The process and criteria for grant application and selection in Section 989A are not detailed, raising concerns about the transparency and fairness of fund distribution.

  • The absence of collaboration with federal entities or organizations focused on elder abuse or financial fraud within Section 3 and Section 989A could lead to duplication of efforts and inefficient use of resources.

  • The maximum grant amounts specified in Section 989A might not be adequate for states with larger populations or widespread communities, potentially limiting the program's impact in those areas.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states its short title as the "Empowering States to Protect Seniors from Bad Actors Act."

2. Findings Read Opens in new tab

Summary AI

Congress highlights that fraud losses in 2023 surpassed $10 billion, with investment scams seeing a significant increase of 21% from 2022. They also note the high frequency of fraud attempts experienced by U.S. adults, and stress the vulnerability of servicemembers and older adults, emphasizing the continued protective efforts by state regulators.

Money References

  • Congress finds the following: (1) Data from the Federal Trade Commission shows that consumers reported losing— (A) more than $10,000,000,000 to fraud in 2023, marking— (i) the first time that fraud losses have exceeded that amount; and (ii) a 14 percent increase over those reported losses in 2022; and (B) more money to investment scams (specifically, more than $4,600,000,000) than any other category in 2023, which represents a 21 percent increase over those reported losses in 2022.

3. Grants to eligible entities for enhanced protection of senior investors and senior policyholders Read Opens in new tab

Summary AI

The section amends the Investor Protection and Securities Reform Act of 2010 to allow for grants to State securities and insurance agencies to combat financial fraud against seniors, defined as individuals aged 62 or older. These grants, capped at $500,000 or $1,000,000 for dual-function agencies, fund hiring, technology, training, education, and legal measures, excluding general administrative costs, with mandated performance reports and audits to ensure funds are used properly.

Money References

  • “(e) Amount of grants.—The amount of a grant to an eligible entity under this section may not exceed $500,000 each year, unless the eligible entity serves as both the securities commission (or any agency or office performing like functions), and the insurance department (or any agency or office performing like functions), of a State, in which case the maximum amount of the grant may not exceed $1,000,000 each year.
  • “(g) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2025 through 2030.”.

989A. Grants to eligible entities for enhanced protection of senior investors and senior policyholders Read Opens in new tab

Summary AI

The text establishes a grant program led by the Commission to help states protect seniors from financial fraud. It provides $10 million annually from 2025 to 2030, allowing eligible state agencies to use the funds for hiring, training, and developing technology to combat senior financial fraud, with a maximum grant of $500,000 per year or $1,000,000 if the state agency covers both securities and insurance departments.

Money References

  • (2) REPORT.—Not later than 2 years, and again not later than 5 years, after the date of enactment of the Empowering States to Protect Seniors from Bad Actors Act, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that— (A) specifies each recipient of a grant under this section; (B) includes a description of the programs that are supported by each such grant; and (C) includes an evaluation by the Commission of the effectiveness of such grants. (3) AUDITS.—The Commission shall annually conduct an audit of the program under this section to ensure that eligible entities to which grants are made under that program are, for the year covered by the audit, using grant funds for the intended purposes of those funds. (e) Amount of grants.—The amount of a grant to an eligible entity under this section may not exceed $500,000 each year, unless the eligible entity serves as both the securities commission (or any agency or office performing like functions), and the insurance department (or any agency or office performing like functions), of a State, in which case the maximum amount of the grant may not exceed $1,000,000 each year.
  • (g) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2025 through 2030.