[Congressional Record Volume 146, Number 117 (Wednesday, September 27, 2000)]
[House]
[Pages H8272-H8275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      KNOW YOUR CALLER ACT OF 1999

  The Clerk called the bill (H.R. 3100) to amend the Communications Act 
of 1934 to prohibit telemarketers from interfering with the caller 
identification service of any person to whom a telephone solicitation 
is made, and for other purposes.
  The Clerk read the bill, as follows:

                               H.R. 3100

       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 ``Know Your Caller Act of 
     1999''.

     SEC. 2. PROHIBITION OF INTERFERENCE WITH CALLER 
                   IDENTIFICATION SERVICES.

       Section 227 of the Communications Act of 1934 (47 U.S.C. 
     227) is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Prohibition on Interference With Caller 
     Identification Services.--
       ``(1) In general.--It shall be unlawful for any person 
     within the United States, in making any telephone 
     solicitation, to interfere with or circumvent the ability of 
     a caller identification service to access or provide to the 
     recipient of the call the information about the call (as 
     required under the regulations issued under paragraph (2)) 
     that such service is capable of providing.
       ``(2) Regulations.--Not later than 6 months after the 
     enactment of the Know Your Caller Act of 1999, the Commission 
     shall prescribe regulations to implement this subsection 
     which shall--
       ``(A) require any person making a telephone solicitation to 
     make such solicitation in a manner such that a recipient of 
     the solicitation having a caller identification service 
     capable of providing such information will be provided by 
     such service with--
       ``(i) the name of the person or entity on whose behalf the 
     solicitation is being made; and
       ``(ii) a valid and working telephone number at which the 
     caller or the entity on whose behalf the telephone 
     solicitation was made may be reached during regular business 
     hours for the purpose of requesting that the recipient of the 
     solicitation be placed on the do-not-call list required under 
     section 64.1200 of the Commission's regulations (47 CFR 
     64.1200) to be maintained by the person making the telephone 
     solicitation; and
       ``(B) provide that any person or entity who receives a 
     request from a person to be placed on such do-not-call list 
     may not use such person's name and telephone number for any 
     other telemarketing, mail marketing, or other marketing 
     purpose (including transfer or sale to any other entity for 
     marketing use) other than enforcement of such list.
       ``(2) Private right of action.--A person or entity may, if 
     otherwise permitted by the laws or rules of court of a State, 
     bring in an appropriate court of that State--
       ``(A) an action based on a violation of this subsection or 
     the regulations prescribed under this subsection to enjoin 
     such violation;
       ``(B) an action to recover for actual monetary loss from 
     such a violation, or to receive $500 in damages for each such 
     violation, whichever is greater; or
       ``(C) both such actions.
     If the court finds that the defendant willfully or knowingly 
     violated this subsection or the regulations prescribed under 
     this subsection, the court may, in its discretion, increase 
     the amount of the award to an amount equal to not more than 3 
     times the amount available under subparagraph (B) of this 
     paragraph.
       ``(3) Definitions.--For purposes of this subsection:
       ``(A) Caller identification service.--The term `caller 
     identification service' means any service or device designed 
     to provide the user of the service or device with the 
     telephone number of an incoming call.
       ``(B) Telephone call.--The term `telephone call' means any 
     telephone call or other transmission which is made to or 
     received at a telephone number of any type of telephone 
     service. Such term includes calls made by an automatic 
     telephone dialing system, an integrated services digital 
     network, and a commercial mobile radio source.''.

     SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS.

       (a) Effect on State Law.--Subsection (f)(1) of section 227 
     of the Communications

[[Page H8273]]

     Act of 1934 (47 U.S.C. 227(f)(1)), as so redesignated by 
     section 2(1) of this Act, is further amended--
       (1) in subparagraph (C), by striking ``or'' at the end;
       (2) in subparagraph (D), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(E) interfering with or circumventing caller 
     identification services.''.
       (b) Actions by States.--The first sentence of subsection 
     (g)(1) of section 227 of the Communications Act of 1934 (47 
     U.S.C. 227(f)(1)), as such subsections is so redesignated by 
     section 2(1) of this Act, is further amended by inserting 
     after ``this section,'' the following: ``or has engaged or is 
     engaging in a pattern or practice of interfering with or 
     circumventing caller identification services of residents of 
     that State in violation of subsection (e) or the regulations 
     prescribed under such subsection,''.

  The SPEAKER pro tempore. Pursuant to the rule, the bill is considered 
read for amendment.


           Committee Amendment in the Nature of a Substitute

  The SPEAKER pro tempore. The Clerk will report the amendment in the 
nature of a substitute recommended by the Committee on Commerce.
  The Clerk read as follows:

       Committee amendment in the nature of a substitute: Strike 
     out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Know Your Caller Act of 
     2000''.

     SEC. 2. PROHIBITION OF INTERFERENCE WITH CALLER 
                   IDENTIFICATION SERVICES.

       Section 227 of the Communications Act of 1934 (47 U.S.C. 
     227) is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Prohibition on Interference With Caller 
     Identification Services.--
       ``(1) In general.--It shall be unlawful for any person 
     within the United States, in making any telephone 
     solicitation--
       ``(A) to interfere with or circumvent the capability of a 
     caller identification service to access or provide to the 
     recipient of the telephone call involved in the solicitation 
     any information regarding the call that such service is 
     capable of providing; and
       ``(B) to fail to provide caller identification information 
     in a manner that is accessible by a caller identification 
     service, if such person has capability to provide such 
     information in such a manner.

     For purposes of this section, the use of a telecommunications 
     service or equipment that is incapable of transmitting caller 
     identification information shall not, of itself, constitute 
     interference with or circumvention of the capability of a 
     caller identification service to access or provide such 
     information.
       ``(2) Regulations.--Not later than 6 months after the 
     enactment of the Know Your Caller Act of 2000, the Commission 
     shall prescribe regulations to implement this subsection, 
     which shall--
       ``(A) specify that the information regarding a call that 
     the prohibition under paragraph (1) applies to includes--
       ``(i) the name of the person or entity who makes the 
     telephone call involved in the solicitation;
       ``(ii) the name of the person or entity on whose behalf the 
     solicitation is made; and
       ``(iii) a valid and working telephone number at which the 
     person or entity on whose behalf the telephone solicitation 
     is made may be reached during regular business hours for the 
     purpose of requesting that the recipient of the solicitation 
     be placed on the do-not-call list required under section 
     64.1200 of the Commission's regulations (47 CFR 64.1200) to 
     be maintained by such person or entity; and
       ``(B) provide that any person or entity who receives a 
     request from a person to be placed on such do-not-call list 
     may not use such person's name and telephone number for 
     telemarketing, mail marketing, or other marketing purpose 
     (including transfer or sale to any other entity for marketing 
     use) other than enforcement of such list.
       ``(3) Private right of action.--A person or entity may, if 
     otherwise permitted by the laws or rules of court of a State, 
     bring in an appropriate court of that State--
       ``(A) an action based on a violation of this subsection or 
     the regulations prescribed under this subsection to enjoin 
     such violation;
       ``(B) an action to recover for actual monetary loss from 
     such a violation, or to receive $500 in damages for each such 
     violation, whichever is greater; or
       ``(C) both such actions.

     If the court finds that the defendant willfully or knowingly 
     violated this subsection or the regulations prescribed under 
     this subsection, the court may, in its discretion, increase 
     the amount of the award to an amount equal to not more than 3 
     times the amount available under subparagraph (B) of this 
     paragraph.
       ``(4) Definitions.--For purposes of this subsection:
       ``(A) Caller identification service.--The term `caller 
     identification service' means any service or device designed 
     to provide the user of the service or device with the 
     telephone number of an incoming telephone call.
       ``(B) Telephone call.--The term `telephone call' means any 
     telephone call or other transmission which is made to or 
     received at a telephone number of any type of telephone 
     service and includes telephone calls made using the Internet 
     (irrespective of the type of customer premises equipment used 
     in connection with such services). Such term also includes 
     calls made by an automatic telephone dialing system, an 
     integrated services digital network, and a commercial mobile 
     radio source.''.

     SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS.

       (a) Effect on State Law.--Subsection (f)(1) of section 227 
     of the Communications Act of 1934 (47 U.S.C. 227(f)(1)), as 
     so redesignated by section 2(1) of this Act, is further 
     amended by inserting after ``subsection (d)'' the following: 
     ``and the prohibition under paragraphs (1) and (2) of 
     subsection (e),''.
       (b) Actions by States.--The first sentence of subsection 
     (g)(1) of section 227 of the Communications Act of 1934 (47 
     U.S.C. 227(g)(1)), as so redesignated by section 2(1) of this 
     Act, is further amended by striking ``telephone calls'' and 
     inserting ``telephone solicitations, telephone calls, or''.

     SEC. 4. STUDY REGARDING TRANSMISSION OF CALLER IDENTIFICATION 
                   INFORMATION.

       The Federal Communications Commission shall conduct a study 
     to determine--
       (1) the extent of the capability of the public switched 
     network to transmit the information that can be accessed by 
     caller identification services;
       (2) the types of telecommunications equipment being used in 
     the telemarketing industry, the extent of such use, and the 
     capabilities of such types of equipment to transmit the 
     information that can be accessed by caller identification 
     services; and
       (3) the changes to the public switched network and to the 
     types of telecommunications equipment commonly being used in 
     the telemarketing industry that would be necessary to provide 
     for the public switched network to be able to transmit caller 
     identification information on all telephone calls, and the 
     costs (including costs to the telemarketing industry) to 
     implement such changes.

     The Commission shall complete the study and submit a report 
     to the Congress on the results of the study, not later than 
     one year after the date of the enactment of this Act.

  Mr. BURR of North Carolina (during the reading). Mr. Speaker, I ask 
unanimous consent that the committee amendment in the nature of a 
substitute be considered as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Burr) and the gentleman from Massachusetts (Mr. 
Markey) each will control 30 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Burr).
  Mr. BURR of North Carolina. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, H.R. 3100, the Know Your Caller Act, deals with the 
business practice of telemarketing. There are thousands of reputable 
telemarketing companies that provide a benefit to consumers by offering 
a broad range of consumer options and opportunities. Some companies are 
helping to grow our economy, employing thousands of citizens and 
fueling the economy with literally billions of dollars. Increasingly, 
however, telemarketers are the cause of complaints. Consumers are 
concerned that telemarketers are intruding into their homes. We 
continue to see stories about telemarketing schemes that separate 
consumers from their hard-earned money.

                              {time}  1300

  In fact, the telemarketing complaints lodged with the Federal Trade 
Commission seem to underscore these concerns. In 1997 there were 2,260 
complaints. In 1999 that number rose to 17,423. Today's bill takes 
these complaints seriously.
  Thanks to the excellent work of the bill's sponsor, the gentleman 
from New Jersey (Mr. Frelinghuysen), the legislation strips away the 
ability of telemarketers to hide behind anonymous telephone calls.
  H.R. 3100 prohibits telemarketers from blocking the transmission of 
caller identification information. In addition, the bill affirmatively 
requires telemarketers to transmit caller identification in their 
equipment, if their equipment is capable of doing so. I believe this 
bill strikes the appropriate balance between the consumer's right to 
privacy and safety and the telemarketer's legitimate business 
interests.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MARKEY. Mr. Speaker, I yield myself such time as I may consume.

[[Page H8274]]

  Mr. Speaker, I want to begin by complimenting the gentleman from New 
Jersey (Mr. Frelinghuysen). He did good work here. In our committee 
process, we were able to take his legislation, fine tune it a little 
bit, and to ultimately bring it out here to the floor of the House for 
action by every Member.
  Consumers who want to exercise their right to be placed on a do-not-
call list or to take a telemarketer to small claims court after being 
called are often frustrated when they cannot get the Caller ID 
information from the telemarketer to identify them. This legislation 
addresses whether telemarketers may actively block Caller ID 
information, and contains a prohibition against anyone making a 
telephone solicitation who interferes with or circumvents the 
capability of Caller ID services to work with consumers.
  An amendment was made in the Committee on Commerce. The gentleman 
from North Carolina (Mr. Burr) and I and other members of the committee 
worked to construct an amendment to make clear that telemarketers will 
not be forced to buy all new equipment, and that the use of equipment 
that is incapable of transmitting Caller ID information is not in and 
of itself a violation.
  In my view, however, telemarketers who solicit the public in their 
homes for commercial gain should not be permitted to evade the purpose 
and functionality of Caller ID services. This bill will prevent 
telemarketers from doing so, while further empowering consumers to 
control the communications going to and from their home.
  Mr. Speaker, the bottom line is that the telecommunications 
revolution gives enormous opportunities for telemarketers, but it also 
gives to consumers powers, and those powers should include the ability, 
using Caller ID, to prevent information from going to their family 
which they believe is inappropriate. I think that this balances 
something which is very much consistent with the nonpartisan, non-
ideological way in which we have been constructing telecommunications 
policy over the last generation in Congress.
  I again congratulate the gentleman from New Jersey.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BURR of North Carolina. Mr. Speaker, I yield such time as he may 
consume to the gentleman from New Jersey (Mr. Frelinghuysen).
  (Mr. FRELINGHUYSEN asked and was given permission to revise and 
extend his remarks.)
  Mr. FRELINGHUYSEN. Mr. Speaker, I want to thank the gentleman from 
North Carolina (Mr. Burr) for yielding me time and for his leadership 
and assistance, and particularly the gentleman from Virginia (Mr. 
Bliley), the chairman of the Committee on Commerce, and the staff on 
the Committee on Commerce for their assistance with this bill, and also 
thank the gentleman from Massachusetts (Mr. Markey) for his kind words 
and for his assistance in fine-tuning this bill as well.
  Mr. Speaker, I also need to thank the gentleman from Louisiana 
(Chairman Tauzin) and the ranking member of the Committee on Commerce, 
the gentleman from Michigan (Mr. Dingell), and their staffs for their 
help with this bill.
  Further, I want to thank the chairman of the Corrections Advisory 
Group, the gentleman from Michigan (Mr. Camp), the gentleman from 
California (Mr. Waxman), and members of the Corrections Advisory Group 
for their prompt acceptance of this proposal.
  Mr. Speaker, the Know Your Caller Act will provide a simple but 
important consumer protection. Many consumers purchase and pay for the 
Caller ID service and Caller ID equipment for several reasons: to 
protect their privacy, to provide security by identifying an incoming 
call, and to allow them the opportunity to decide before picking up the 
receiver whether or not to answer that call.
  But, guess what? Some of the most frequent calls, those from 
telemarketers, appear with the message on Caller ID box, ``Out of the 
area; caller unknown.''
  Mr. Speaker, telemarketing is a commercial enterprise. As such, what 
would be the reason for not disclosing your business telephone number? 
There simply is no reason.
  I believe that all commercial enterprises that use the telephone to 
advertise or sell their services to encourage the purchase of property 
or goods or for any other commercial purposes should be required to 
have the name of their business and their business telephone number 
disclosed on Caller ID boxes.
  Some telemarketer enterprises purposely block out Caller ID, yet 
these same companies know your name, your address, and your telephone 
number. Is it not only fair that they share their company name and 
their telephone number so a person can make sure that they are a 
legitimate company?
  Also, if you are like me and politely ask to have your name removed 
from their list, I think you should also be able to track the name and 
number of these telemarketing callers to ensure that they do not call 
back again repeatedly. My legislation will simply require any person 
making a telephone solicitation to identify themselves on Caller ID 
devices.
  Mr. Speaker, this legislation I think will greatly help separate 
legitimate telemarketers from fraudulent telemarketers. While a 
majority of these telemarketers are legitimate business people 
attempting to sell a product or service, there are some unscrupulous 
individuals and companies violating existing telemarketing rules and 
scamming consumers.
  Consumers pay a monthly fee to subscribe to a Caller ID service 
because they want to protect their privacy and their pocketbooks, but 
they have little recourse because most telemarketers intentionally 
block their identity from being transmitted to Caller ID devices.
  Mr. Speaker, we already require telemarketers under present law to 
identify themselves over the telephone and via telephone fax 
transmissions. This bill simply extends that protection to consumers 
with Caller ID devices.
  Mr. Speaker, in closing, when someone knocks at your door, do you not 
usually look out the window to see who it is before you answer it? 
Well, Caller ID acts as a window for consumers to let them know who is 
calling before you answer the telephone.
  Mr. Speaker, I urge my colleagues to support this legislation.
  Mr. MARKEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, again I echo what the gentleman from New Jersey (Mr. 
Frelinghuysen) just said. I urge all Members of the House to support 
this good legislation.
  Mr. KING. Mr. Speaker, I rise today in support of H.R. 3100, the Know 
Your Caller Act, which will help protect the privacy of consumers from 
telemarketers. I cannot begin to tell you how many constituents have 
complained to me about the number of annoying telephone calls they get 
at home. These calls come from credit card companies and other 
telemarketers trying to make a sale. These calls are intrusive and are 
wrong. H.R. 3100 would prevent telemarketers from interfering with 
consumers' caller-identification machines and require the companies to 
make their name readable to applicable caller ID services. Most 
importantly, because consumers have very little recourse, telemarketers 
would have to provide a phone number to the ID service that consumers 
can call to have their names and numbers removed from call lists. In 
addition, consumers could sue telemarketers for up to $500 per 
unidentified call. Because we live in a very fast paced world where 
every free moment with our family and friends is valuable, we cannot 
allow these companies and businesses to violate our privacy. I support 
this measure and urge my colleagues to do the same.
  Mr. CAMP. Mr. Speaker, I would like to thank Chairman Bliley of the 
Commerce Committee for all of the work he has done on this bill. I 
would also like to thank Mr. Frelinghuysen for authoring this bill. He 
has demonstrated his dedication and leadership on this issue.
  On July 25, Mr. Frelinghuysen presented H.R. 3100 before the Speakers 
advisory group on corrections. The corrections group is a bi-partisan 
group that seeks to fix, update or repeal outdated or unnecessary laws, 
rules or regulations.
  H.R. 3100 would prohibit telemarketers from intentionally hiding 
their identity by blocking caller ID devices. This would ensure someone 
knows if a telemarketer is calling them. One simple rule of 
telemarketing is that once you get a person on the phone your chances 
to make a sale are greatly increased. This is especially true with 
senior citizens who are seen as easy targets by telemarketers. That is 
why

[[Page H8275]]

this bill is supported by the American Association of Retired People, 
the National Senior Citizens Law Center and the Federal Trade 
Commission.
  During the meeting several Members shared stories about how their 
constituents have been affected by telemarketers who hide their 
identity.
  I am proud as chairman of the advisory group to speak in favor of 
H.R. 3100 and would advise my colleagues from both sides of the aisle 
to support it.
  Mr. MARKEY. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.


                             General Leave

  Mr. BURR of North Carolina. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H.R. 3100, as 
amended.
  The SPEAKER pro tempore (Mr. Walden of Oregon). Is there objection to 
the request of the gentleman from North Carolina?
  There was no objection.
  Mr. BURR of North Carolina. Mr. Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  The SPEAKER pro tempore. Pursuant to the rule, the previous question 
is ordered on the amendment recommended by the Committee on Commerce 
and on the bill.
  The question is on the committee amendment in the nature of a 
substitute.
  The committee amendment in the nature of a substitute was agreed to.
  The SPEAKER pro tempore. The question is on engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken.
  Mr. BURR of North Carolina. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________