[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2558 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2558

     To expand the prohibition on misleading or inaccurate caller 
          identification information, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 22, 2016

  Mr. Nelson (for himself and Mrs. Fischer) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To expand the prohibition on misleading or 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 ``Spoofing Prevention Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Voice service.--The term ``voice service'' means any 
        service that furnishes voice communications to an end user 
        using resources from the North American Numbering Plan or any 
        successor to the North American Numbering Plan adopted by the 
        Commission under section 251(e)(1) of the Communications Act of 
        1934 (47 U.S.C. 251(e)(1)).

SEC. 3. EXPANDING AND CLARIFYING PROHIBITION ON MISLEADING OR 
              INACCURATE CALLER IDENTIFICATION 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 
striking ``in connection with any telecommunications service or IP-
enabled voice service'' and inserting ``or any person outside the 
United States if the recipient of the call is within the United States, 
in connection with any voice service or text messaging service''.
    (b) Coverage of Text Messages and Voice Services.--Section 
227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is 
amended--
            (1) in subparagraph (A), by striking ``telecommunications 
        service or IP-enabled voice service'' and inserting ``voice 
        service or a text message sent using a text messaging 
        service'';
            (2) in the first sentence of subparagraph (B), by striking 
        ``telecommunications service or IP-enabled voice service'' and 
        inserting ``voice service or a text message sent using a text 
        messaging service''; and
            (3) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) Text message.--The term `text message'--
                            ``(i) means a 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 10-digit telephone number;
                            ``(ii) includes a short message service 
                        (commonly referred to as `SMS') message, an 
                        enhanced message service (commonly referred to 
                        as `EMS') message, and a multimedia message 
                        service (commonly referred to as `MMS') 
                        message; and
                            ``(iii) does not include a real-time, 2-way 
                        voice or video communication.
                    ``(D) 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 
                voice service.
                    ``(E) Voice service.--The term `voice service' 
                means any service that furnishes voice communications 
                to an end user using resources from the North American 
                Numbering Plan or any successor to the North American 
                Numbering Plan adopted by the Commission under section 
                251(e)(1).''.
    (c) Technical Amendment.--Section 227(e) of the Communications Act 
of 1934 (47 U.S.C. 227(e)) is amended in the heading by inserting 
``Misleading or'' before ``Inaccurate''.
    (d) Regulations.--
            (1) In general.--Section 227(e)(3)(A) of the Communications 
        Act of 1934 (47 U.S.C. 227(e)(3)(A)) 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 enactment of 
        this Act.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date that is 6 months after the date on which the 
Commission prescribes regulations under subsection (d).

SEC. 4. REPORT ON EXISTING TECHNOLOGICAL SOLUTIONS TO COMBAT MISLEADING 
              OR INACCURATE CALLER IDENTIFICATION INFORMATION.

    (a) Publication of Report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Commission shall 
publish on the website of the Commission a report that identifies 
existing technology solutions that a consumer can use to protect the 
consumer against misleading or inaccurate caller identification 
information.
    (b) Contents of Report.--In preparing the report under subsection 
(a), the Commission shall--
            (1) analyze existing technologies that can enable consumers 
        to guard against misleading or inaccurate caller identification 
        information;
            (2) describe how the technologies described in paragraph 
        (1) protect consumers; and
            (3) detail how voice service subscribers can obtain access 
        to the technologies described in paragraph (1).

SEC. 5. GAO REPORT ON COMBATING THE FRAUDULENT PROVISION OF MISLEADING 
              OR INACCURATE CALLER IDENTIFICATION INFORMATION.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the actions the Commission and the Federal Trade 
Commission have taken to combat the fraudulent provision of misleading 
or inaccurate caller identification information, and the additional 
measures that could be taken to combat such activity.
    (b) Required Considerations.--In conducting the study under 
subsection (a), the Comptroller General shall examine--
            (1) trends in the types of scams that rely on misleading or 
        inaccurate caller identification information;
            (2) previous and current enforcement actions by the 
        Commission and the Federal Trade Commission to combat the 
        practices prohibited by section 227(e)(1) of the Communications 
        Act of 1934 (47 U.S.C. 227(e)(1));
            (3) current efforts by industry groups and other entities 
        to develop technical standards to deter or prevent the 
        fraudulent provision of misleading or inaccurate caller 
        identification information, and how such standards may help 
        combat the current and future provision of misleading or 
        inaccurate caller identification information; and
            (4) whether there are additional actions the Commission, 
        the Federal Trade Commission, and Congress should take to 
        combat the fraudulent provision of misleading or inaccurate 
        caller identification information.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report on the 
findings of the study under subsection (a), including any 
recommendations regarding combating the fraudulent provision of 
misleading or inaccurate caller identification information.

SEC. 6. RULES OF CONSTRUCTION.

    (a) In General.--Nothing in this Act, or the amendments made by 
this Act, shall be construed to modify, limit, or otherwise affect any 
rule or order adopted by the Commission in connection with--
            (1) the Telephone Consumer Protection Act of 1991 (Public 
        Law 102-243; 105 Stat. 2394) or the amendments made by that 
        Act; or
            (2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
    (b) Additional.--Nothing in this Act, or the amendments made by 
this Act, shall be construed--
            (1) to mean that a text messaging service (as defined in 
        section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 
        227(e)(8)) is a telecommunications service under title II of 
        the Communications Act of 1934 (47 U.S.C. 201 et seq.), or 
        require or direct the Commission to classify a text messaging 
        service as a telecommunications service;
            (2) to mean that an interconnected VoIP service (as defined 
        in section 9.3 of title 47, Code of Federal Regulations, or any 
        successor regulation) or a non-interconnected VoIP service (as 
        defined in section 64.601(a)(23) of title 47, Code of Federal 
        Regulations, or any successor regulation) is a 
        telecommunications service under title II of the Communications 
        Act of 1934 (47 U.S.C. 201 et seq.), or require or direct the 
        Commission to classify an interconnected VoIP service or a non-
        interconnected VoIP service as a telecommunications service; or
            (3) to modify, limit, or otherwise affect the authority of 
        the Commission to determine the scope of any other provision of 
        the Communications Act of 1934 (47 U.S.C. 151 et seq.) and its 
        applicability to any voice service, including an interconnected 
        VoIP service or a non-interconnected VoIP service, or text 
        messaging service.
                                 <all>