S912 CONGRESSIONAL RECORD — SENATE February 22, 2016 Senator from North Carolina (Mr. sands in a vain attempt to collect on to try to give some protection in this TILLIS) were added as cosponsors of S. his winnings in what he thought was a age of digital technology, of rapidly ad- Res. 340, a resolution expressing the Jamaican lottery—winnings that were vancing technology, to help protect sense of Congress that the so-called Is- nonexistent because it was all a scam. those poor consumers who are getting lamic State in Iraq and al-Sham (ISIS A lot of us think we have trained our- fooled and in other words getting or Da’esh) is committing genocide, selves to ignore phone calls and text spoofed. crimes against humanity, and war messages from numbers that pop up I also thank Senator KLOBUCHAR and crimes, and calling upon the President that we don’t recognize, but this is also Senator DONNELLY for their work in to work with foreign governments and where the sophisticated scammer en- combatting spoofing. We are going to the United Nations to provide physical ters because now scammers can imper- continue to work on this, and this Sen- protection for ISIS’ targets, to support sonate government institutions’ num- ator is going to press the Federal Com- the creation of an international crimi- bers. They promote fraudulent lottery munications Commission to continue nal tribunal with jurisdiction to punish schemes and they tailor their calls to to use its full authority under the these crimes, and to use every reason- individuals in order to coerce victims Truth in Caller ID Act to stop these able means, including sanctions, to de- into paying large sums of money, just scams, including a consideration of stroy ISIS and disrupt its support net- like the victim I mentioned earlier. technical solutions like call authen- Spoofing technology is used to ma- works. tication to protect consumers. nipulate the caller ID information and S. RES. 346 trick consumers into believing that the Mr. President, I ask unanimous con- At the request of Mr. ISAKSON, his calls are local or are coming from sent that the text of the bill be printed name was added as a cosponsor of S. trusted institutions. A few years ago, in the RECORD. Res. 346, a resolution expressing oppo- this Senator introduced the Truth in There being no objection, the text of sition to the European Commission in- Caller ID Act to prohibit ID spoofing the bill was ordered to be printed in terpretive notice regarding labeling when it is used to defraud or harm con- the RECORD, as follows: Israeli products and goods manufac- sumers, and this law provided impor- S. 2558 tured in the West Bank and other tant tools for law enforcement to go Be it enacted by the Senate and House of Rep- areas, as such actions undermine the after these criminals and crack down resentatives of the United States of America in Israeli-Palestinian peace process. on the phone scams. That legislation Congress assembled, S. RES. 349 was passed. It was signed into law. It SECTION 1. SHORT TITLE. At the request of Mr. ROBERTS, the was a huge win for consumers and the This Act may be cited as the ‘‘Spoofing names of the Senator from Nebraska first step toward ending these abusive Prevention Act of 2016’’. (Mrs. FISCHER), the Senator from practices, but technology is passing us SEC. 2. DEFINITIONS. Michigan (Mr. PETERS), the Senator by. In this Act: from Wisconsin (Ms. BALDWIN), the As the technologies evolve, the law (1) COMMISSION.—The term ‘‘Commission’’ Senator from Maine (Mr. KING), the directed the Federal Communications means the Federal Communications Com- Senator from Minnesota (Ms. KLO- Commission to prepare a report to Con- mission. BUCHAR) and the Senator from New gress outlining additional tools that (2) VOICE SERVICE.—The term ‘‘voice serv- ice’’ means any service that furnishes voice Hampshire (Mrs. SHAHEEN) were added are going to be needed for different as cosponsors of S. Res. 349, a resolu- communications to an end user using re- kinds of spoofing practices because of sources from the North American Numbering tion congratulating the Farm Credit new technologies. The FCC a few years Plan or any successor to the North American System on the celebration of its 100th ago provided its recommendations to Numbering Plan adopted by the Commission anniversary. Congress on how to update the law to under section 251(e)(1) of the Communica- f keep pace with technology and the use tions Act of 1934 (47 U.S.C. 251(e)(1)). STATEMENTS ON INTRODUCED of it by criminals. SEC. 3. EXPANDING AND CLARIFYING PROHIBI- Senator FISCHER and I have intro- TION ON MISLEADING OR INAC- BILLS AND JOINT RESOLUTIONS duced a bill today that responds to the CURATE CALLER IDENTIFICATION By Mr. NELSON (for himself and INFORMATION. FCC’s report, recommendations, and (a) COMMUNICATIONS FROM OUTSIDE UNITED Mrs. FISCHER): their requests, and it builds on the 2010 STATES.—Section 227(e)(1) of the Commu- S. 2558. A bill to expand the prohibi- act on phone scams to keep up with the nications Act of 1934 (47 U.S.C. 227(e)(1)) is tion on misleading or inaccurate caller new kind of spoofing because they are amended by striking ‘‘in connection with identification information, and for now much more sophisticated. We need any telecommunications service or IP-en- other purposes; to the Committee on to make sure there are consumer pro- abled voice service’’ and inserting ‘‘or any Commerce, Science, and Transpor- tections and tools for law enforcement person outside the United States if the re- tation. to keep up. That is why this legislation cipient of the call is within the United Mr. NELSON. Mr. President, we all we introduced today is important. It is States, in connection with any voice service or text messaging service’’. know how our senior citizens have been called the Spoofing Prevention Act of the victims of spoofing. Well, that is (b) COVERAGE OF TEXT MESSAGES AND VOICE 2016. It would extend the current prohi- SERVICES.—Section 227(e)(8) of the Commu- happening to a lot of our fellow citi- bition in law on caller ID spoofing to nications Act of 1934 (47 U.S.C. 227(e)(8)) is zens, no matter what the age is, be- text messages and to calls coming from amended— cause fraudulent and abusive phoning outside the United States, as well as (1) in subparagraph (A), by striking ‘‘tele- scams are plaguing thousands of Amer- from all forms of voice over Internet communications service or IP-enabled voice icans each year. These deceitful prac- protocol services. For the first time, service’’ and inserting ‘‘voice service or a tices are causing very serious harm to this bill would have access to informa- text message sent using a text messaging victims by fake messages coming tion to go after these criminals in a service’’; across often that cause the receiver to (2) in the first sentence of subparagraph centralized location on current tech- (B), by striking ‘‘telecommunications service respond with some kind of financial nologies available to protect them or IP-enabled voice service’’ and inserting transaction or the giving up of a credit against this sophisticated type of ‘‘voice service or a text message sent using a card number. criminal. It does so by directing the text messaging service’’; and The Commerce Committee and the FCC to publish and regularly update a (3) by striking subparagraph (C) and insert- Aging Committee have explored the report on existing tools. ing the following: impact of these scams, and by one ac- The act also directs the Government ‘‘(C) TEXT MESSAGE.—The term ‘text mes- count consumers continue to lose mil- Accountability Office to conduct a re- sage’— lions of dollars each year to fraudulent port to assess government and private ‘‘(i) means a message consisting of text, phone scams, many of which originate sector work being done to curb this images, sounds, or other information that is transmitted from or received by a device in other countries. The impact of these spoofing, as well as what new meas- that is identified as the transmitting or re- scams are very real to the consumers ures, including technological solutions, ceiving device by means of a 10-digit tele- who suffer. can be taken to prevent this. phone number; For example, one old poor soul took I urge our colleagues to join Senator ‘‘(ii) includes a short message service his life last year after spending thou- FISCHER and me in supporting this act (commonly referred to as ‘SMS’) message, an

VerDate Sep 11 2014 02:08 Feb 23, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\A22FE6.015 S22FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 22, 2016 CONGRESSIONAL RECORD — SENATE S913 enhanced message service (commonly re- (3) current efforts by industry groups and Whereas the victory marks the third Super ferred to as ‘EMS’) message, and a multi- other entities to develop technical standards Bowl title for the Denver Broncos; media message service (commonly referred to deter or prevent the fraudulent provision Whereas the Broncos’ appearance in the to as ‘MMS’) message; and of misleading or inaccurate caller identifica- Super Bowl was their National Football ‘‘(iii) does not include a real-time, 2-way tion information, and how such standards League record-tying eighth appearance; voice or video communication. may help combat the current and future pro- Whereas quarterback Peyton Manning ‘‘(D) TEXT MESSAGING SERVICE.—The term vision of misleading or inaccurate caller earned his 200th career win; ‘text messaging service’ means a service that identification information; and Whereas linebacker Von Miller earned the permits the transmission or receipt of a text (4) whether there are additional actions Most Valuable Player award while recording message, including a service provided as part the Commission, the Federal Trade Commis- 2 1⁄2 sacks and 2 forced fumbles; of or in connection with a voice service. sion, and Congress should take to combat Whereas running back C.J. Anderson ‘‘(E) VOICE SERVICE.—The term ‘voice serv- the fraudulent provision of misleading or in- rushed for 90 yards and 1 touchdown; ice’ means any service that furnishes voice accurate caller identification information. Whereas wide receiver Emmanuel Sanders communications to an end user using re- (c) REPORT.—Not later than 18 months caught 6 passes for 83 yards; sources from the North American Numbering after the date of enactment of this Act, the Whereas defensive tackle Malik Jackson Plan or any successor to the North American Comptroller General shall submit to the recorded 5 tackles and a defensive touch- Numbering Plan adopted by the Commission Committee on Commerce, Science, and down; under section 251(e)(1).’’. Transportation of the Senate and the Com- Whereas wide receiver Jordan Norwood’s (c) TECHNICAL AMENDMENT.—Section 227(e) mittee on Energy and Commerce of the 61-yard punt return was the longest in Super of the Communications Act of 1934 (47 U.S.C. House of Representatives a report on the Bowl history; 227(e)) is amended in the heading by insert- findings of the study under subsection (a), Whereas head coach Gary Kubiak led the ing ‘‘MISLEADING OR ’’ before ‘‘INACCURATE’’. including any recommendations regarding team to a Super Bowl victory in his first sea- (d) REGULATIONS.— combating the fraudulent provision of mis- son as head coach of the Broncos; (1) IN GENERAL.—Section 227(e)(3)(A) of the leading or inaccurate caller identification Whereas defensive coordinator Wade Phil- Communications Act of 1934 (47 U.S.C. information. lips won the National Football League As- 227(e)(3)(A)) is amended by striking ‘‘Not SEC. 6. RULES OF CONSTRUCTION. sistant Coach of the Year award; later than 6 months after the date of enact- (a) IN GENERAL.—Nothing in this Act, or Whereas Owner Pat Bowlen and the Bowlen ment of the Truth in Caller ID Act of 2009, the amendments made by this Act, shall be family have owned the Denver Broncos since the Commission’’ and inserting ‘‘The Com- construed to modify, limit, or otherwise af- 1984 and led the team to 7 American Football mission’’. fect any rule or order adopted by the Com- Conference championships and 3 Super Bowl (2) DEADLINE.—The Federal Communica- mission in connection with— victories, and the Broncos have the third- tions Commission shall prescribe regulations (1) the Telephone Consumer Protection Act highest winning percentage among all pro- to implement the amendments made by this of 1991 (Public Law 102–243; 105 Stat. 2394) or fessional sports teams during that period; section not later than 18 months after the the amendments made by that Act; or Whereas Executive Vice President of Foot- date of enactment of this Act. (2) the CAN–SPAM Act of 2003 (15 U.S.C. ball Operations and General Manager of the (e) EFFECTIVE DATE.—The amendments 7701 et seq.). Denver Broncos, John Elway, has helped lead made by this section shall take effect on the (b) ADDITIONAL.—Nothing in this Act, or the Broncos to 2 Super Bowl appearances in date that is 6 months after the date on which the amendments made by this Act, shall be 5 seasons; and the Commission prescribes regulations under construed— Whereas the Denver Broncos football team subsection (d). (1) to mean that a text messaging service has proudly represented the City of Denver SEC. 4. REPORT ON EXISTING TECHNOLOGICAL (as defined in section 227(e)(8) of the Commu- and the State of Colorado, and all of the SOLUTIONS TO COMBAT MIS- nications Act of 1934 (47 U.S.C. 227(e)(8)) is a loyal Broncos fans: Now, therefore, be it LEADING OR INACCURATE CALLER telecommunications service under title II of Resolved, That the Senate— IDENTIFICATION INFORMATION. the Communications Act of 1934 (47 U.S.C. (1) congratulates the Denver Broncos for (a) PUBLICATION OF REPORT.—Not later 201 et seq.), or require or direct the Commis- winning Super Bowl 50; than 1 year after the date of enactment of sion to classify a text messaging service as a (2) recognizes the achievements of all the this Act, and annually thereafter, the Com- telecommunications service; players, coaches, and staff who contributed mission shall publish on the website of the (2) to mean that an interconnected VoIP to the victory; and Commission a report that identifies existing service (as defined in section 9.3 of title 47, (3) requests that the Secretary of the Sen- technology solutions that a consumer can Code of Federal Regulations, or any suc- ate prepare an official copy of this resolution use to protect the consumer against mis- cessor regulation) or a non-interconnected for presentation to— leading or inaccurate caller identification VoIP service (as defined in section (A) the Owner of the Denver Broncos, Pat information. 64.601(a)(23) of title 47, Code of Federal Regu- Bowlen; (b) CONTENTS OF REPORT.—In preparing the lations, or any successor regulation) is a (B) the President and CEO of the Denver report under subsection (a), the Commission telecommunications service under title II of Broncos, Joe Ellis; shall— the Communications Act of 1934 (47 U.S.C. (C) the Head Coach of the Denver Broncos, (1) analyze existing technologies that can 201 et seq.), or require or direct the Commis- Gary Kubiak. enable consumers to guard against mis- sion to classify an interconnected VoIP serv- f leading or inaccurate caller identification ice or a non-interconnected VoIP service as a information; telecommunications service; or NOTICE OF INTENT TO OBJECT TO (2) describe how the technologies described (3) to modify, limit, or otherwise affect the PROCEEDING in paragraph (1) protect consumers; and authority of the Commission to determine (3) detail how voice service subscribers can the scope of any other provision of the Com- I, Senator CHARLES E. GRASSLEY, in- obtain access to the technologies described munications Act of 1934 (47 U.S.C. 151 et seq.) tend to object to proceeding to the in paragraph (1). and its applicability to any voice service, in- nomination of Mary Katherine Wake- SEC. 5. GAO REPORT ON COMBATING THE cluding an interconnected VoIP service or a field, to be Deputy Secretary of Health FRAUDULENT PROVISION OF MIS- non-interconnected VoIP service, or text and Human Services; dated February LEADING OR INACCURATE CALLER messaging service. IDENTIFICATION INFORMATION. 22, 2016. (a) IN GENERAL.—The Comptroller General f f of the United States shall conduct a study of SUBMITTED RESOLUTIONS the actions the Commission and the Federal NOTICES OF HEARINGS Trade Commission have taken to combat the COMMITTEE ON HEALTH, EDUCATION, LABOR, fraudulent provision of misleading or inac- SENATE RESOLUTION 371—CON- AND PENSIONS curate caller identification information, and GRATULATING THE DENVER the additional measures that could be taken Mr. ALEXANDER. Mr. President, the to combat such activity. BRONCOS FOR WINNING SUPER Committee on Health, Education, (b) REQUIRED CONSIDERATIONS.—In con- BOWL 50 Labor, and Pensions will meet during ducting the study under subsection (a), the Mr. GARDNER (for himself and Mr. the session of the Senate on February Comptroller General shall examine— BENNET) submitted the following reso- 23, 2016, at 10 a.m., in room SD–430 of (1) trends in the types of scams that rely lution; which was considered and the Dirksen Senate Office Building, to on misleading or inaccurate caller identifica- agreed to: conduct a hearing entitled ‘‘ESSA Im- tion information; plementation in States and School Dis- (2) previous and current enforcement ac- S. RES 371 tions by the Commission and the Federal Whereas, on February 7, 2016, the Denver tricts: Perspectives from Education Trade Commission to combat the practices Broncos won Super Bowl 50, defeating the Leaders.’’ prohibited by section 227(e)(1) of the Commu- Carolina Panthers by a score of 24-10 at For further information regarding nications Act of 1934 (47 U.S.C. 227(e)(1)); Levi’s Stadium in Santa Clara, California; this meeting, please contact Jake

VerDate Sep 11 2014 03:24 Feb 23, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A22FE6.034 S22FEPT1 smartinez on DSK4TPTVN1PROD with SENATE