[Congressional Record Volume 162, Number 162 (Monday, November 14, 2016)]
[House]
[Pages H6129-H6132]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ANTI-SPOOFING ACT OF 2016
Mr. BURGESS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2669) 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. 2669
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 2016''.
SEC. 2. 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 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 to or from a device
that is identified as
[[Page H6130]]
the receiving or transmitting device by means of a 10-digit
telephone number or N11 service code;
``(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, 2-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 is interconnected with the
public switched telephone network and 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
coordination 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 Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study 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.).
(e) Commission Defined.--In this section, the term
``Commission'' means the Federal Communications Commission.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Burgess) and the gentlewoman from Illinois (Ms. Schakowsky)
each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. BURGESS. 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. BURGESS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 2669, the Anti-Spoofing
Act of 2016.
This bill prohibits the malicious use of misleading or inaccurate
caller ID information for text messages, addressing the problem of
consumers being tricked into providing sensitive information because
they are led to believe that a text is being sent from someone it
actually isn't. This is more than a nuisance. Consumers can be targeted
with scams, and they can be targeted with malicious activity.
The bill seeks to extend the protections of the Truth in Caller ID
Act to include text messages. This is the second time that this
committee has looked at this legislation that will provide additional
protection for consumers, and I am hopeful that this time we will see
it successfully land on the President's desk.
As widespread use of text messaging becomes more prevalent, it is
important that we ensure consumers do not fall victim to spoofing
attacks where bad actors falsify phone numbers, often to trick the
recipient into providing personal information.
Over the last two Congresses, we have spent a lot of time considering
antispoofing legislation. This is, in part, because of the importance
of this bill to consumers and the way it impacts them, but also because
of the complexity of the issue that we are trying to address.
As technology is evolving, it becomes more and more challenging to
precisely craft legislation that accurately reflects the way that the
technology works. To that end, the committee has worked diligently to
come up with language that strengthens this bill and protects consumers
without any unintended consequences for messaging services.
One witness at the legislative hearing on this bill earlier this year
perhaps explained this effort best by saying:
The bill addresses a clear, demonstrated problem with
carefully drafted provisions that find the often elusive
sweet spot between permitting innovation, avoiding undue
burden on providers, respecting privacy concerns, and
providing for vigorous consumer protection.
I want to thank the bill's sponsors, Representative Joe Barton,
Representative Leonard Lance, and Representative Grace Meng for being
the champion of consumers and staying the course through multiple
Congresses to get this done.
I thank the minority for working so closely with us on this bill, and
I am confident that we now have a bill that will ensure this
legislation captures the state of technology while still protecting
consumers from the harmful effects of text message spoofing.
I urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 2669, the Anti-Spoofing Act,
introduced
[[Page H6131]]
by Representative Meng, along with Representative Barton of Texas and
Representative Lance of New Jersey.
Consumers should have confidence that the caller ID information they
see is accurate. However, fraudsters have long targeted consumers,
falsifying caller ID numbers to trick consumers into divulging
sensitive information.
Americans, from young people to senior citizens, are tricked into
thinking they are being connected to a trusted institution because of
what the caller ID shows. This practice, known as spoofing, contributes
to the millions of identity theft cases in our country each year.
It is already illegal to use misleading caller ID information for
regular voice calls. What this legislation does is expand the ban on
deceptive caller ID information to text messages and communication
originating overseas.
I urge my colleagues to stand up for consumers and strengthen
spoofing protection. It is time to pass the Anti-Spoofing Act.
Mr. Speaker, I reserve the balance of my time.
Mr. BURGESS. Mr. Speaker, I yield 5 minutes to the gentleman from New
Jersey (Mr. Lance), the vice chairman of the Subcommittee on Commerce,
Manufacturing, and Trade.
Mr. LANCE. Mr. Speaker, my thanks to Chairman Burgess and Ranking
Member Schakowsky for shepherding this bill through the subcommittee.
This is an important bill to the consumers of this Nation.
Mr. Speaker, I rise in strong support of H.R. 2669, the Anti-Spoofing
Act, which I am proud to offer with my colleagues Grace Meng, a
Democratic Member from the great Borough of Queens in New York State,
and Joe Barton, Republican of Texas, the chairman emeritus of the full
House Energy and Commerce Committee. This bill cracks down on the
national problem of caller ID spoofing.
Caller ID spoofing occurs when a scammer calls and attempts to
disguise his or her identity by manipulating the recipient caller's
caller ID display. The scammer may be posing as an IRS agent, a police
officer, or a representative from another governmental agency. After
tricking people into picking up the line, the criminal then attempts to
entice the other person into sharing personal information. To date,
hundreds of thousands--might I suggest millions--have been defrauded,
including veterans, immigrants, and senior citizens.
In Somerset County, New Jersey, a county in which I represent the
majority of the residents, scammers cloned the phone number of the
Somerset County Sheriff's Office and impersonated the sheriff's staff
in an effort to steal residents' personal information. I pay tribute to
Sheriff Provenzano of Somerset County, New Jersey. He has been one of
the leading advocates across the Nation regarding this legislation.
The problem has gotten out of control. Millions of Americans continue
to get ripped off by con artists and scammers who perpetrate this
despicable crime. This disgraceful practice must end, and this consumer
protection legislation goes a long way toward accomplishing that
critical goal.
The audacity of these criminals is eclipsed only by their ability to
adapt to changing technologies. Unfortunately, since Congress passed
the Truth in Caller ID Act in 2009--of course, all of us supported
that--new technologies have enabled these criminals to scam consumers
with increased ease and efficiency. This legislation is one step
forward to ensure that governmental policies keep up with new
technologies and keep up with these criminals.
In the last 2 years since this legislation passed the House of
Representatives unanimously, it appears that the problem has gone from
one of a simple nuisance to a borderline epidemic. It is time to stop
this disgraceful practice, and this legislation is aimed to do that. I
believe it is a critical goal.
The committee on which we all serve, the Energy and Commerce
Committee, Mr. Speaker, is the most productive in the House of
Representatives. More legislation reaches the floor of this House from
the Energy and Commerce Committee than any other committee in the House
of Representatives, and more legislation reaches the President's desk
from our committee than any other committee in either House of the
Federal Congress.
We on the committee, and certainly on the subcommittee chaired by Dr.
Burgess, work in a bipartisan capacity. And I am so proud of this
subcommittee and of the full committee. The American people want us to
work together on the critical issues that confront the Nation,
including the issue we are discussing now: ID spoofing. That is why I
predict that this legislation will pass unanimously here and why I
predict that this legislation will reach the President's desk 2.2 miles
west down Pennsylvania Avenue.
I want to thank those in the administration who support this
legislation. I want to thank all of the members of the subcommittee and
all of the members of the full Energy and Commerce Committee. I am
confident that this legislation is in the best interest of the
consuming public of the United States.
Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I want to thank my good friend from the great State of
New Jersey (Mr. Lance) for his leadership on this important consumer
protection legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BURGESS. Mr. Speaker, I yield 4 minutes to the gentleman from
Georgia (Mr. Carter).
Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of H.R.
2669, the Anti-Spoofing Act of 2016, because it addresses the issue of
call spoofing and the impact that these deceitful callers are having on
Americans.
Every day, millions of Americans are hit with calls using a
fraudulent caller ID profile and with impersonators on the other end of
the line. These con artists disguise their real numbers in an effort to
convince unsuspecting victims that they are a representative from a
government agency, financial company, healthcare system, or other
organizations that may request information or contact someone.
For example, a common call is someone saying they are calling from
the IRS and are seeking personally identifiable information or money as
a result of it. This has got to stop.
Representatives Meng, Barton, and Lance have introduced this
legislation to improve the Truth in Caller ID Act and to prevent those
criminals from further victimizing hardworking Americans. We have a
real opportunity to combat this growing tactic and protect those in our
communities who are the most vulnerable.
I applaud the Energy and Commerce Committee for their continued
efforts to protect Americans from criminal behavior and in updating
such important policy measures. I urge my colleagues to support H.R.
2669 because we have an opportunity to fix a growing problem in our
country.
Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am very pleased that we are considering this today,
and I hope the Senate will quickly do that for this important consumer
protection legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. BURGESS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, you have heard the testimony from a number of Members
testifying on this bill. It is important work. It is important that it
get done. It is important that it get completed and down to the
President's desk.
Mr. Speaker, we have done a number of bills this afternoon, and I do
want to just thank the Energy and Commerce Committee both on the
minority and majority side and all of the subcommittee staff that were
involved in preparing these bills and getting them ready for this
afternoon's consideration. It has indeed been an impressive body of
work that has come through the Energy and Commerce Committee today.
Mr. Speaker, this is an important bill we have before us. I urge
Members to vote ``aye.''
Mr. Speaker, I yield back the balance of my time.
Ms. MENG. Mr. Speaker, I rise today in strong support of H.R. 2669,
the ``Anti-Spoofing Act of 2015''.
I am honored to have authored this bill with Congressman Barton and
Congressman Lance, and thank Amy Murphy and Ryan
[[Page H6132]]
Farrell of their respective staffs for working so closely with mine--
particularly my former Legislative Director, Michael Fleischman, who
first brought this problem to my attention.
This legislation seeks to combat ``spoofing'', which is when phone
call recipients are tricked into answering the phone due to inaccurate
caller ID information. Criminals have used this technique to scam
thousands of Americans, and steal millions of dollars. Recent spoofing
attempts have included scam artists pretending to be sheriff's offices,
hospitals, and even the IRS. The bill before us this evening expands
spoofing protections to calls that originate outside of the country, as
well as 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 spoofing
that harm the most vulnerable in my district, including immigrants,
seniors, veterans, and those in need of help from law enforcement. That
is why this legislation is endorsed by senior citizen, law enforcement,
and consumer protection groups.
The ``Anti-Spoofing Act of 2015'' is a bipartisan bill. It passed the
Energy and Commerce Committee by voice vote less than two months ago,
and in the 113th Congress H.R. 3670, the ``Anti-Spoofing Act of 2014''
passed the House by voice vote under suspension of the rules. It is my
hope that this bill will continue to be non-controversial, and that we
will do everything in our power to combat telephone scams against our
constituents.
In closing, I wish to thank Representatives Burgess and Schakowsky
for their support this afternoon, as well as Energy and Commerce
Chairman Upton and Ranking Member Pallone. Without their support, as
well as the support of Communications and Technology Subcommittee
Chairman Walden and Ranking Member Eshoo, we would not be here today. I
urge the Senate to quickly take up this legislation, and I urge all of
my colleagues in this Chamber to support it once more.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Burgess) that the House suspend the rules and
pass the bill, H.R. 2669, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BURGESS. 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, further
proceedings on this motion will be postponed.
____________________