[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3670 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3670

   To amend the Communications Act of 1934 to expand and clarify the 
     prohibition on provision of inaccurate caller identification 
                  information, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2013

   Ms. Meng (for herself, Mr. Barton, and Mr. Lance) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to expand and clarify the 
     prohibition on provision of inaccurate caller identification 
                  information, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Spoofing Act of 2013''.

SEC. 2. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID 
              INFORMATION.

    (a) Communications From Outside United States.--Section 227(e)(1) 
of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by 
inserting ``or any person outside the United States if the recipient is 
within the United States,'' after ``United States,''.
    (b) Spoofing Service.--
            (1) In general.--Section 227(e) of the Communications Act 
        of 1934 (47 U.S.C. 227(e)) is amended--
                    (A) by striking paragraph (4);
                    (B) by redesignating paragraph (3) as paragraph 
                (4);
                    (C) by inserting after paragraph (2) the following:
            ``(3) Spoofing service.--The Commission shall prescribe 
        regulations requiring a provider of a spoofing service to take 
        such steps as the Commission may prescribe to verify that any 
        person who uses the service is informed of any applicable 
        Federal or State law.''; and
                    (D) in paragraph (8), by adding at the end the 
                following:
                    ``(D) Spoofing service.--The term `spoofing 
                service' means a service that permits a user to 
                knowingly cause any caller identification service to 
                transmit misleading or inaccurate caller identification 
                information. Such term does not include a service to 
                the extent such service transmits or displays without 
                alteration caller identification information generated 
                by another person.''.
            (2) Conforming amendment.--Section 227(e)(1) of the 
        Communications Act of 1934 (47 U.S.C. 227(e)(1)) is further 
        amended by striking ``paragraph (3)(B)'' and inserting 
        ``paragraph (4)(B)''.
    (c) Text Messaging Service.--
            (1) In general.--Section 227(e)(8) of the Communications 
        Act of 1934 (47 U.S.C. 227(e)(8)) is amended--
                    (A) in subparagraph (A), by inserting ``(including 
                a text message sent using a text messaging service)'' 
                before the period at the end;
                    (B) in the first sentence of subparagraph (B), by 
                inserting ``(including a text message sent using a text 
                messaging service)'' before the period at the end; and
                    (C) by adding at the end the following:
                    ``(E) Text message.--The term `text message' means 
                a real-time or near real-time message consisting of 
                text, images, sounds, or other information that is 
                transmitted from or received by a device that is 
                identified as the transmitting or receiving device by 
                means of a telephone number. Such term--
                            ``(i) includes a short message service 
                        (SMS) message, an enhanced message service 
                        (EMS) message, and a multimedia message service 
                        (MMS) message; and
                            ``(ii) does not include a real-time, two-
                        way voice or video communication.
                    ``(F) Text messaging service.--The term `text 
                messaging service' means a service that permits the 
                transmission or receipt of a text message, including a 
                service provided as part of or in connection with a 
                telecommunications service or an IP-enabled voice 
                service.''.
            (2) Rule of construction.--Nothing in this section or any 
        amendment made by this section shall be construed to modify, 
        limit, or otherwise affect--
                    (A) any other authority of the Federal 
                Communications Commission under section 227 of the 
                Communications Act of 1934 (47 U.S.C. 227) or the CAN-
                SPAM Act of 2003 (15 U.S.C. 7701 et seq.) to interpret 
                a call to include a text message; or
                    (B) any rule or order adopted by the Commission 
                under such section or such Act that provides that a 
                call includes a text message.
    (d) Coverage of Outgoing-Call-Only IP-Enabled Voice Service.--
Section 227(e)(8)(C) of the Communications Act of 1934 (47 U.S.C. 
227(e)(8)(C)) is amended by striking ``has the meaning'' and all that 
follows and inserting ``means the provision of real-time voice 
communications offered to the public, or such class of users as to be 
effectively available to the public, transmitted using Internet 
protocol, or a successor protocol, (whether part of a bundle of 
services or separately) with interconnection capability such that the 
service can originate traffic to, or terminate traffic from, the public 
switched telephone network, or a successor network.''.
    (e) Regulations.--
            (1) In general.--Section 227(e)(4)(A) of the Communications 
        Act of 1934, as redesignated, is amended by striking ``Not 
        later than 6 months after the date of enactment of the Truth in 
        Caller ID Act of 2009, the Commission'' and inserting ``The 
        Commission''.
            (2) Deadline.--The Federal Communications Commission shall 
        prescribe regulations to implement the amendments made by this 
        section not later than 18 months after the date of the 
        enactment of this Act.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date that is 6 months after the date on which the Federal 
Communications Commission prescribes regulations to implement the 
amendments made by this section.
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