[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 134 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 117
115th CONGRESS
  1st Session
                                 S. 134

                          [Report No. 115-91]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 12, 2017

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

                              June 6, 2017

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Spoofing Prevention Act of 
2017''.</DELETED>

<DELETED>SEC. 2. DEFINITION.</DELETED>

<DELETED>    In this Act, the term ``Commission'' means the Federal 
Communications Commission.</DELETED>

<DELETED>SEC. 3. SPOOFING PREVENTION.</DELETED>

<DELETED>    (a) Expanding and Clarifying Prohibition on Misleading or 
Inaccurate Caller Identification Information.--</DELETED>
        <DELETED>    (1) Communications from outside the 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''.</DELETED>
        <DELETED>    (2) 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--</DELETED>
                <DELETED>    (A) 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'';</DELETED>
                <DELETED>    (B) 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</DELETED>
                <DELETED>    (C) by striking subparagraph (C) and 
                inserting the following:</DELETED>
                <DELETED>    ``(C) Text message.--The term `text 
                message'--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) does not include a real-
                        time, 2-way voice or video 
                        communication.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Voice service.--The term `voice 
                service'--</DELETED>
                        <DELETED>    ``(i) 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); 
                        and</DELETED>
                        <DELETED>    ``(ii) includes transmissions from 
                        a telephone facsimile machine, computer, or 
                        other device to a telephone facsimile 
                        machine.''.</DELETED>
        <DELETED>    (3) 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''.</DELETED>
        <DELETED>    (4) Regulations.--</DELETED>
                <DELETED>    (A) 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''.</DELETED>
                <DELETED>    (B) Deadline.--The Commission shall 
                prescribe regulations to implement the amendments made 
                by this subsection not later than 18 months after the 
                date of enactment of this Act.</DELETED>
        <DELETED>    (5) Effective date.--The amendments made by this 
        subsection shall take effect on the date that is 6 months after 
        the date on which the Commission prescribes regulations under 
        paragraph (4).</DELETED>
<DELETED>    (b) Consumer Education Materials on How To Avoid Scams 
That Rely Upon Misleading or Inaccurate Caller Identification 
Information.--</DELETED>
        <DELETED>    (1) Development of materials.--Not later than 1 
        year after the date of enactment of this Act, the Commission, 
        in collaboration with the Federal Trade Commission, shall 
        develop consumer education materials that provide information 
        about--</DELETED>
                <DELETED>    (A) ways for consumers to identify scams 
                and other fraudulent activity that rely upon the use of 
                misleading or inaccurate caller identification 
                information; and</DELETED>
                <DELETED>    (B) existing technologies, if any, that a 
                consumer can use to protect against such scams and 
                other fraudulent activity.</DELETED>
        <DELETED>    (2) Contents.--In developing the consumer 
        education materials under paragraph (1), the Commission shall--
        </DELETED>
                <DELETED>    (A) identify existing technologies, if 
                any, that can help consumers guard themselves against 
                scams and other fraudulent activity that rely upon the 
                use of misleading or inaccurate caller identification 
                information, including--</DELETED>
                        <DELETED>    (i) descriptions of how a consumer 
                        can use the technologies to protect against 
                        such scams and other fraudulent activity; 
                        and</DELETED>
                        <DELETED>    (ii) details on how consumers can 
                        access and use the technologies; and</DELETED>
                <DELETED>    (B) provide other information that may 
                help consumers identify and avoid scams and other 
                fraudulent activity that rely upon the use of 
                misleading or inaccurate caller identification 
                information.</DELETED>
        <DELETED>    (3) Updates.--The Commission shall ensure that the 
        consumer education materials required under paragraph (1) are 
        updated on a regular basis.</DELETED>
        <DELETED>    (4) Website.--The Commission shall include the 
        consumer education materials developed under paragraph (1) on 
        its website.</DELETED>
<DELETED>    (c) GAO Report on Combating the Fraudulent Provision of 
Misleading or Inaccurate Caller Identification Information.--</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) Required considerations.--In conducting the 
        study under paragraph (1), the Comptroller General shall 
        examine--</DELETED>
                <DELETED>    (A) trends in the types of scams that rely 
                on misleading or inaccurate caller identification 
                information;</DELETED>
                <DELETED>    (B) 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));</DELETED>
                <DELETED>    (C) 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</DELETED>
                <DELETED>    (D) 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.</DELETED>
        <DELETED>    (3) 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 conducted under paragraph (1), including 
        any recommendations regarding combating the fraudulent 
        provision of misleading or inaccurate caller identification 
        information.</DELETED>
<DELETED>    (d) Rule of Construction.--Nothing in this section, or the 
amendments made by this section, shall be construed to modify, limit, 
or otherwise affect any rule or order adopted by the Commission in 
connection with--</DELETED>
        <DELETED>    (1) the Telephone Consumer Protection Act of 1991 
        (Public Law 102-243; 105 Stat. 2394) or the amendments made by 
        that Act; or</DELETED>
        <DELETED>    (2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et 
        seq.).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spoofing Prevention Act of 2017''.

SEC. 2. DEFINITION.

    In this Act, the term ``Commission'' means the Federal 
Communications Commission.

SEC. 3. SPOOFING PREVENTION.

    (a) Expanding and Clarifying Prohibition on Misleading or 
Inaccurate Caller Identification Information.--
            (1) Communications from outside the 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''.
            (2) 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--
                    (A) 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'';
                    (B) 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
                    (C) 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, and a 
                        multimedia message service (commonly referred 
                        to as `MMS') message; and
                            ``(iii) does not include--
                                    ``(I) a real-time, two-way voice or 
                                video communication; or
                                    ``(II) a message sent over an IP-
                                enabled messaging service to another 
                                user of the same messaging service, 
                                except a message described in clause 
                                (ii).
                    ``(D) Text messaging service.--The term `text 
                messaging service' means a service that enables 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'--
                            ``(i) 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); and
                            ``(ii) includes transmissions from a 
                        telephone facsimile machine, computer, or other 
                        device to a telephone facsimile machine.''.
            (3) 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''.
            (4) Regulations.--
                    (A) 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''.
                    (B) Deadline.--The Commission shall prescribe 
                regulations to implement the amendments made by this 
                subsection not later than 18 months after the date of 
                enactment of this Act.
            (5) Effective date.--The amendments made by this subsection 
        shall take effect on the date that is 6 months after the date 
        on which the Commission prescribes regulations under paragraph 
        (4).
    (b) Consumer Education Materials on How To Avoid Scams That Rely 
Upon Misleading or Inaccurate Caller Identification Information.--
            (1) Development of materials.--Not later than 1 year after 
        the date of enactment of this Act, the Commission, in 
        collaboration with the Federal Trade Commission, shall develop 
        consumer education materials that provide information about--
                    (A) ways for consumers to identify scams and other 
                fraudulent activity that rely upon the use of 
                misleading or inaccurate caller identification 
                information; and
                    (B) existing technologies, if any, that a consumer 
                can use to protect against such scams and other 
                fraudulent activity.
            (2) Contents.--In developing the consumer education 
        materials under paragraph (1), the Commission shall--
                    (A) identify existing technologies, if any, that 
                can help consumers guard themselves against scams and 
                other fraudulent activity that rely upon the use of 
                misleading or inaccurate caller identification 
                information, including--
                            (i) descriptions of how a consumer can use 
                        the technologies to protect against such scams 
                        and other fraudulent activity; and
                            (ii) details on how consumers can access 
                        and use the technologies; and
                    (B) provide other information that may help 
                consumers identify and avoid scams and other fraudulent 
                activity that rely upon the use of misleading or 
                inaccurate caller identification information.
            (3) Updates.--The Commission shall ensure that the consumer 
        education materials required under paragraph (1) are updated on 
        a regular basis.
            (4) Website.--The Commission shall include the consumer 
        education materials developed under paragraph (1) on its 
        website.
    (c) GAO Report on Combating the Fraudulent Provision of Misleading 
or Inaccurate Caller Identification Information.--
            (1) 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.
            (2) Required considerations.--In conducting the study under 
        paragraph (1), the Comptroller General shall examine--
                    (A) trends in the types of scams that rely on 
                misleading or inaccurate caller identification 
                information;
                    (B) 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));
                    (C) 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
                    (D) 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.
            (3) 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 conducted 
        under paragraph (1), including any recommendations regarding 
        combating the fraudulent provision of misleading or inaccurate 
        caller identification information.
    (d) Rule of Construction.--Nothing in this section, or the 
amendments made by this section, 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.).
                                                       Calendar No. 117

115th CONGRESS

  1st Session

                                 S. 134

                          [Report No. 115-91]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 6, 2017

                       Reported with an amendment