[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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