HR 370 112th Congress House

PASS Act of 2011

Official title: To require financial institutions to offer services to protect seniors from affinity scams, to report suspected affinity scams, and for other purposes.

Introduced: September 20, 2011 See on congress.gov

Finance and Financial Sector Administrative law and regulatory proceduresAgingBank accounts, deposits, capitalBanking and financial institutions regulation

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Civil actions and liabilityConsumer Financial Protection BureauConsumer affairsFederal Reserve SystemFraud offenses and financial crimesIncome tax deductions

Everywhere this bill has been 3 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Mar 23, 2011

Referred to the Subcommittee on Financial Institutions and Consumer Credit.

Jan 20, 2011

Referred to the Committee on Financial Services, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Jan 20, 2011

Introduced in House

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Latest action March 23, 2011

Referred to the Subcommittee on Financial Institutions and Consumer Credit.

Plain-English summary Congressional Research Service

Preventing Affinity Scams for Seniors Act of 2011 or PASS Act of 2011 - Defines "affinity scam" as a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, "new friend," or service provider, claims to share similar interests or values and establishes a relationship with the senior, then uses the relationship to defraud the senior.

Requires each financial institution to: (1) educate its staff about affinity scams and how to identify transactions that may be part of an affinity scam, (2) train staff members on educating seniors about affinity scams, (3) provide senior depositors with educational materials on how to identify affinity scams, and (4) offer seniors a "senior protection (checking) account."

Directs the Bureau of Consumer Financial Protection (CFPB) to: (1) issue implementing regulations, and (2) audit financial institutions periodically to ensure compliance with them.

Sets forth senior protection account requirements, including protective measures to block and investigate transactions suspected of being an affinity scam.

Instructs the Secretary of the Treasury to establish an income tax deduction of .77% of the average of the amount of deposits held by a financial institution in senior protection accounts.

Subjects a noncompliant financial institution to a civil liability with respect to a senior who has sustained actual damage as a result of the institution's failure to comply with this Act.

Directs the Secretary to require each financial institution, and each of its directors, officers, employees, or agents, to report any suspicious transaction relevant to a possible affinity scam.

Bill text 1 version