[Congressional Record Volume 163, Number 132 (Thursday, August 3, 2017)]
[Senate]
[Pages S4817-S4818]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    SPOOFING PREVENTION ACT OF 2017

  Mr. WICKER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 117, S. 134.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 134) to expand the prohibition on misleading or 
     inaccurate caller identification information, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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

[[Page S4818]]

     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.).

  Mr. WICKER. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be considered and agreed to, 
the bill, as amended, be considered read a third time and passed, and 
the motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 134), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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