[Congressional Record (Bound Edition), Volume 162 (2016), Part 10]
[House]
[Pages 14112-14115]
[From the U.S. 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 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

[[Page 14113]]

     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 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

[[Page 14114]]

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 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

[[Page 14115]]

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.
  Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 2669, the 
``Anti-Spoofing Act of 2016,'' which amends the Communications Act of 
1934, to make it unlawful to cause a caller identification service to 
knowingly transmit inaccurate caller identification information with 
the intent to: defraud, cause harm, or wrongfully obtain anything of 
value.
  Spoofing is a practice in which a phone number shown on a phone or 
caller identification device deliberately is falsified.
  Spoofing is a commonly used tool for a number of illegal practices, 
including ``phishing'' for personal information and ``swatting''--
calling in a fictitious crime in progress in order to generate a police 
response.
  The Truth in Caller ID Act of 2009 prohibits spoofing of voice caller 
identification information; however, as communications methods and 
consumer habits continue to evolve, so do the attempts by third parties 
to gain personal information for criminal use.
  The Subcommittee on Communications and Technology considered H.R. 
2669 during a markup on September 13, 2016, passing the legislation by 
voice vote and the Subcommittee agreed to continue working on technical 
changes before it was brought before the full Committee.
  The Committee expects to consider an AINS aimed at making those 
technical changes to the definition of a text message.
  Many Americans now rely on text messaging to stay connected.
  According to CTIA, in 2015, Americans sent over 156 billion text 
messages per month.
  H.R. 2669, the Anti-Spoofing Act, will extend the provisions of the 
Truth in Caller ID Act to include text messaging and text messaging 
services.
  The legislation adds a definition of ``spoofing service'' to the 
statute, addressing the growth of services that allows a user to 
knowingly transmit misleading or inaccurate caller identification 
information.
  In addition, it extends the prohibitions to any person or service 
placing an international call to a recipient within the United States.
  Additionally, H.R. 2669 will revise the definitions of ``caller 
identification information'' and ``caller identification service'' to 
include text messages sent using a text messaging service.
  It defines ``text message'' as real-time messages consisting of text, 
images, sounds, or other information transmitted from or received by a 
device identified by a telephone number.
  It also includes in the definition both, real-time and two-way voice 
or video communications, addressing the emerging law enforcement issue 
of ``swatting'' by which people can purposefully misdirect valuable, 
police efforts and resources.
  This bill takes the right approach targeting behavior, while 
protecting innovations that are important to the digital economy.
  As the ranking member of the Judiciary Subcommittee on Crime, I 
understand the vital need to safeguard against caller identification 
spoofing.
  For example, Women's Abuse Shelters and law enforcement officers 
working undercover have a need to protect their clients' identities.
  This bill seeks to target those who have the intent to cause harm or 
commit a crime.
  I support this legislation because it protects the consumer from 
criminal behavior, while protecting our fundamental right to privacy.
  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.

                          ____________________