[Congressional Record Volume 160, Number 128 (Tuesday, September 9, 2014)]
[House]
[Pages H7347-H7349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1815
                       ANTI-SPOOFING ACT OF 2014

  Mr. BARTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3670

       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 2014''.

     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) Text Messaging Service.--Section 227(e)(8) of the 
     Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended--
       (1) in subparagraph (A), by inserting ``(including a text 
     message sent using a text messaging service)'' before the 
     period at the end;
       (2) 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
       (3) by adding at the end the following:
       ``(D) 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.
       ``(E) 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.''.
       (c) 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.''.
       (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 the 
     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 Federal Communications Commission prescribes 
     regulations to implement the amendments made by this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Barton) and the gentleman from Utah (Mr. Matheson) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. BARTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous materials in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. BARTON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New Jersey (Mr. Lance).
  Mr. LANCE. Mr. Speaker, my thanks to Chairman Emeritus Barton for his 
leadership on this issue.
  Caller ID spoofing is growing at an alarming rate in this country. 
This new technology allows criminals to falsify deliberately the 
telephone number and the name relayed on caller ID information to make 
it appear as though those criminals are calling from our bank or our 
credit card company, or even from a governmental agency.
  Imagine that. I get a telephone call on my cell telephone, and under 
caller ID, I think it comes from my bank or my credit card company, or 
even worse, I suppose, from a local governmental agency.

[[Page H7348]]

  A recent case in New Jersey resulted in a resident's reportedly being 
scammed out of more than $5,500 by a caller, a criminal, falsely 
claiming to be a Federal tax agent attempting to collect back taxes.
  What a frightening experience for the innocent receiver of that 
telephone call. According to investigators, the victim's caller ID 
showed the number of the local police department. This has got to stop.
  Today's bipartisan legislation will strengthen and improve the Truth 
in Caller ID law to help protect consumers in a greater way from 
scammers, spammers, and unscrupulous telemarketers.
  I commend Chairman Emeritus Barton, of Ennis, Texas, Republican, and 
Congresswoman Grace Meng, Democrat, of Queens, New York, for their hard 
work and leadership on this issue.
  I want the American people to know that on the Energy and Commerce 
Committee, where Chairman Barton and I serve, more bipartisan 
legislation is passed out of that committee and reaches the floor of 
the House, and then goes over to the United States Senate and is passed 
in the United States Senate and goes to the President of the United 
States for his signature, than legislation from any other committee of 
Congress.
  Now, much of what we do on the Energy and Commerce Committee does not 
make the headlines because much of what we do is eminently bipartisan 
in nature. And that is the history of the committee, the oldest 
standing committee in the House of Representatives, having first been 
established in 1795.
  That is the tradition of bipartisanship, when the chairman, Mr. 
Barton was the chairman of that committee. It continues under the 
chairmanship of Mr. Upton of Michigan, and this includes the ranking 
member, Mr. Waxman, and the ranking member of the subcommittee. On both 
sides of the aisle we have a tradition on Energy and Commerce to make 
sure that our legislation is bipartisan in nature.
  I came to this issue as the result of the nefarious situation in New 
Jersey. I also came to this issue at the request of Congresswoman Meng 
of New York City, and I want to thank the Congresswoman for coming to 
me.
  I certainly believe that this legislation is in the interest of the 
American people. I urge all of my colleagues to vote for this consumer 
protection legislation.
  Mr. MATHESON. Mr. Speaker, I yield myself as much time as I may 
consume.
  I rise today in support of H.R. 3670, the Anti-Spoofing Act. This is 
a bipartisan, pro-consumer bill that addresses the increasing problem 
of scam artists faking caller ID information to defraud consumers.
  These bad actors scramble or spoof caller identification information 
for the purpose of impersonating legitimate individuals or institutions 
such as law enforcement officials or a bank. They then use these 
fraudulent identities to obtain sensitive personal information from 
unsuspecting consumers.
  Vulnerable populations such as seniors, veterans, and recent 
immigrants have been especially targeted by these attacks.
  The bill makes three important changes to strengthen existing law and 
protect consumers. First, it broadens current law to address spoofing 
in the context of international calls.
  Second, it changes the definition of Internet Protocol-enabled voice 
services to cover new forms of technology criminals have employed 
making Internet-based calls.
  Finally, the bill broadens the scope of the existing law to cover 
text message spoofing.
  These changes will make the 2009 enacted Truth in Caller ID Act a 
more effective tool to combat caller ID spoofing and protect consumers.
  Before reserving my time, I do want to commend Congresswoman Meng for 
her work on this issue. I want to commend Mr. Lance, and I want to also 
congratulate Congressman Barton for working together on this 
commonsense bill.
  Not only does the legislation enjoy bipartisan support in the House, 
but the sponsors have also worked very closely with Federal agencies 
and industry stakeholders and consumer groups to develop true consensus 
around this proposed legislation. This is the way this institution 
ought to work.
  I urge my colleagues to join me and support H.R. 3670, and I reserve 
the balance of my time.
  Mr. BARTON. Mr. Speaker, I am the only other speaker left on my side, 
and I reserve the right to close. So I would yield to the gentleman 
from Utah or the gentlelady from New York if they wish to speak.
  Mr. MATHESON. Mr. Speaker, I have one more speaker, and I yield as 
much time as she may consume to the gentlewoman from New York (Ms. 
Meng).
  Ms. MENG. I thank the gentleman for yielding.
  Mr. Speaker, I rise in strong support of H.R. 3670, the Anti-Spoofing 
Act, which I authored along with Congressman Barton and Congressman 
Lance.
  The bill addresses the problem of caller ID spoofing, which is the 
scrambling of caller identification numbers. It is a tool often used to 
defraud unwitting recipients of phone calls and text messages.
  It is often stated that a measure of a society is how it treats its 
most vulnerable. Almost every day, I receive new reports of caller ID 
spoofing that harms the most vulnerable in our society. Immigrants, 
seniors, veterans, and those in need of help from law enforcement are 
all primary victims here. That is why this bill is endorsed by senior 
citizen groups, law enforcement groups, and consumer protection groups.
  Shortly after entering Congress, I pursued this issue because of 
complaints from a local civic organization and seniors in my district. 
But I quickly realized it is affecting Americans in all corners of our 
country, in all of our districts.
  I think the fact that this is plaguing so many of our communities is 
a big reason why we have so much bipartisan support here for this bill.

  H.R. 3670 is an update to the Truth in Caller ID Act of 2009. That 
legislation first criminalized malicious caller ID spoofing. But since 
the passage of that law, scammers have used legal loopholes and new 
technologies to circumvent it, thus, malicious caller ID spoofing is on 
the rapid rise again.
  So it is time to strengthen and tighten existing law and shut down 
the routes by which it is being circumvented, and that is what our bill 
does. H.R. 3670 sets forth three important changes to current law.
  Number one, the bill broadens current law to prohibit caller ID 
spoofing from foreigners. This is crucial because U.S.-based companies 
now spoof calls to U.S. residents with intent to do harm, but originate 
such calls from outside of the United States.
  Number two, the bill broadens current law to include new Internet-
based Voice Over IP services that enable callers to make outgoing only 
calls from computers and tablets to mobile and landline phones. This is 
a technology that was undeveloped in 2009 when the Truth in Caller ID 
Act was adopted and, therefore, unaccounted for in the law. But it has 
now grown and has contributed significantly to the caller ID spoofing 
problem.
  Number three, finally, our bill broadens current law to include text 
messaging.
  In closing, I would like to thank Mr. Barton and Mr. Lance for 
working with me to write this bill, Chairmen Upton and Walden and 
Ranking Members Waxman and Eshoo for all their guidance and leadership, 
the Communications and Technology Subcommittee members, most of whom 
gave this bill great time and support, and all the other cosponsors.
  I would also like to thank the committee and personal staffs for all 
of their hard work.
  I urge a ``yes'' vote for H.R. 3670.
  Mr. MATHESON. Mr. Speaker, I yield back the balance of my time.
  Mr. BARTON. Mr. Speaker, the Congress is not spoofing when we say we 
are going to do something about those individuals that do try to spoof 
the American public.
  As has been pointed out, we passed a law back in, actually, it was 
the 2009 act, but we passed it in 2010, the Truth in Caller ID Act, to 
mitigate the effects of caller spoofing.
  As you well know, you look on your caller ID and you see that an 
innocent or innocuous individual or company is calling you, as has been 
pointed out. It could be the police department, could

[[Page H7349]]

be the Pizza Hut, could be almost anything, so you take the call and 
that is not what it is. In many cases they are trying to defraud our 
elderly in some scam or something like this. So we passed a law that we 
thought would handle it. But it needs to be updated, and that is what 
this bill does.
  As has been pointed out, it makes it illegal to initiate these calls 
from outside the United States. It makes it illegal to do it over the 
Internet with a Voice Over Internet Protocol-based system. And it also 
broadens the jurisdiction to include text messaging.
  As we well know, Mr. Speaker, text messaging is ubiquitous now on our 
Blackberrys and our iPads and iPhones and all of our personal 
telecommunication devices.
  This bill has bipartisan support. The subcommittee chairman, Mr. 
Walden, is an original cosponsor. The subcommittee ranking member, Ms. 
Eshoo of California, is a cosponsor. Chairman Emeritus on the 
Democratic side John Dingell is a cosponsor. I am an original sponsor.
  So this is one of these instances, Mr. Speaker, that Republicans and 
Democrats are united. Chairman Upton, the full committee chairman, and 
Mr. Waxman, the full committee ranking member, are totally supportive.

                              {time}  1830

  There is every indication that, if this body passes this bill this 
evening, it will go to the other body, the United States Senate, and we 
fully expect it to pass it. This is one of those rare birds in this 
Congress that might actually be signed by the President of the United 
States.
  There is no known opposition to the bill. Our stakeholders, as Mr. 
Matheson has pointed out, support it. Google supports it. The FCC 
supports it. AT&T, CTIA, Microsoft, USTelecom, Vonage, Verizon, and 
AARP are just some of the more popularly known stakeholders that 
support the bill.
  So I rise in strong support, Mr. Speaker, that we unanimously pass 
H.R. 3670, the Anti-Spoofing Act of 2013, and send it to the Senate for 
its consideration.
  With that, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Barton) that the House suspend the rules and 
pass the bill, H.R. 3670, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________