Medicare Access to Rehabilitation Services Act of 2017

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 423) to amend the Communications Act of 1934 to expand and clarify the prohibition on provision of misleading or inaccurate caller identification information, and for other purposes.

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 material in the Record on the bill.

Mr. Speaker, I yield myself such time as I may consume.

I rise in support of H.R. 423, the Anti-Spoofing Act of 2017. Today we are considering a very worthy piece of legislation, which has been introduced in each of the last two Congresses by Vice Chairman Barton, Vice Chairman Lance, and Representative Meng. All of them have put a lot of hard work into this bill, and I thank each of them for their dedication in pursuing a much-needed update to the Truth In Caller ID Act.

Spoofing is the act of altering the number that will appear on the receiving end of the caller ID. It is a trick that has been around for more than a decade. Spoofing provides a false identity to bad actors and criminals who seek to harass and defraud our hardworking taxpayers, oftentimes through various scams.

Sometimes the scams are elaborate, and other times they are simple. But these schemes are all petty; and once carried out, they are criminal. Spoofing lets the bad guys disguise their identity and will often pose as official entities, such as credit card companies, hospitals, and government agencies to target their unsuspecting victims. These crooks regularly target seniors and use intimidation tactics to extract personal and financial information.

The FCC has the authority to levy penalties and criminal fines against individuals that use fake caller ID information for the purpose of defrauding or harming another. However, current law only covers traditional voice calls. While this was considered a good fix when it was enacted in 2009, the Truth in Caller ID Act no longer sufficiently protects consumers. New communication methods and an evolving consumer trend towards text messaging have left the law with significant holes for the fraudsters to fly through and avoid prosecution.

H.R. 423 would extend and clarify provisions of the Truth in Caller ID Act to include text messages and Voice over Internet Protocol services and would also apply the penalties to violators outside of the United States.

The bill would also seek to make it more challenging for those using fake caller ID information. In the past, you needed to have advanced skills and expensive equipment in order to spoof. Nowadays, it isn't hard. All someone needs to have is a smartphone and access to any of the various apps on the market that can instantly generate a fake caller ID.

This is another classic case where technology has outpaced the laws that govern it. We will never be able to legislate ahead of technology advancement, nor should we try to do so. But when we find areas where legislation can help shield our consumers and hold the bad guys accountable, it is incumbent on us to act.

I believe that the legislation we are considering today is a good next step in our pursuit of stronger protection for our consumers. This bill will not prevent spoofing and it will not make our constituents invincible from the related scams and harassment, but what this bill does is important. By updating the law to more accurately reflect today's environment, we will be equipped to hold violators subject to the penalty of law.

I urge all of my colleagues to support the bill.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I include in the Record the committee report for this legislation from the last Congress.

H.R. 423, Anti-Spoofing Act of 2017

background and need for legislation

Spoofing is a practice in which a phone number shown on a

phone or caller identification device is deliberately

falsified, often to portray an official entity such as a

government agency or credit card company, typically with

malicious intent. 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 original

Truth in Caller ID Act of 2009 prohibits spoofing voice

caller identification. However, as communications methods and

consumer habits continue to evolve, so too do the attempts by

third parties to fraudulently gain personal information for

criminal use. Many Americans are now relying on text

messaging to stay connected, and this method of communication

has become a target for spoofing in much the same way voice

calls have been.

H.R. 423 extends the provisions of the Truth in Caller ID

Act to include text messaging as well as Voice over Internet

Protocol services. The legislation, introduced by Rep.

Barton, Rep. Lance, and Rep. Meng, also addresses the growth

of services that allow users to knowingly transmit misleading

or inaccurate caller identification information by adding a

definition of ``spoofing service'' to the Truth in Caller ID

Act.

In amending H.R. 423, the Committee significantly changed

the definitions of ``text message'' and ``text messaging

service.'' The changes are designed to exclude from these

definitions those online messaging services that use

traditional telephone numbers for the purpose of identifying

a user's account, just as other online services may use an

email address or username for a similar purpose. The excluded

services do not use telephone numbers to interconnect with

the public switched telephone network or enable communication

with individuals who do not subscribe to the same messaging

service. The Committee intends the Commission to devise its

rules using the meanings set forth in the legislation.

``Short message service'' and ``multimedia message service''

should be narrowly interpreted consistent with current

industry standards (see, e.g., ETSI, Technical Specification,

3GPP TS 23.040 version 12.2.0 Release 12, ETSI TS 123 040

v12.2.0 (Oct. 2014), available at www.etsi.org).

The Committee takes notice of the fact that the language

set forth in the version of H.R. 423, as ordered reported, is

identical to the text relating to the same subject contained

in S. 253, the Communications Act Update Act of 2016, as

passed by the U.S. House of Representatives, on September 27,

2016. The House passed S. 253, as amended, by unanimous

consent. The foregoing discussion should therefore serve as

an explanation of that bill's provisions for purposes of

legislative history.

section-by-section analysis of the legislation

Section 1. Short title

This section provides that the Act may be cited as the

``Anti-Spoofing Act of 2017''.

Section 2. Spoofing prevention

This section amends the Communications Act to expand the

Truth in Caller Act to include text messaging services, as

well as communications from outside of the United States.

This section defines the terms ``text message,'' ``text

messaging service,'' and ``voice service.''

This section also requires the Commission, in coordination

with the Federal Trade Commission, to develop consumer

education materials regarding caller ID scams and

technologies that can help consumers protect themselves

against fraudulent activity.

This section also requires a Government Accountability

Office report on the actions taken by the Federal

Communications Commission and FTC to combat caller ID fraud.

Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. Carter), a new member of the Energy and Commerce Committee.

Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Lance).

Mr. Speaker, I have no further speakers. I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I rise in support of H.R. 423, the ``Anti-Spoofing Act of 2017,'' 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.

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. 423, 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. 423 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.

Mr. President, I rise in support of the Medicare Access to Rehabilitation Services Act, which I am introducing today with my colleagues Senators Collins, Casey, and Heller. This important bill repeals the monetary caps that limit Medicare beneficiaries' access to medically necessary outpatient physical therapy, occupational therapy, and speech-language pathology services.

Limits on outpatient rehabilitation therapy services under Medicare were first imposed in 1997 as part of the Balanced Budget Act. The decision to impose limits on these services was not based on data, quality-of-care concerns, or clinical judgment--its sole purpose was to limit spending in order to balance the Federal budget. Since 1997, Congress has acted 12 times to prevent the implementation of the therapy caps through moratoriums and an exceptions process. While these short-term actions have provided necessary relief to our seniors, a long-term solution is essential to bring permanent relief and much- needed stability for both patients and providers.

We need a full repeal of the existing caps on physical therapy, occupational therapy, and speech-language pathology services. These annual financial caps limit services often needed after a

stroke, traumatic brain injury, or spinal cord injury, or to effectively manage conditions such as Parkinson's disease, multiple sclerosis, and arthritis. Arbitrary caps on these vital Medicare outpatient therapy services are simply unacceptable. They also discriminate against the oldest and sickest Medicare beneficiaries, who typically require the most intensive therapy, and disadvantage Medicare beneficiaries who live in regions with higher health care costs.

In a 2009 report issued by the Medicare Payment Advisory Committee, MEDPAC, it was estimated that the therapy cap, if enforced without an exceptions process, could negatively impact 931,000 Medicare beneficiaries. Arbitrarily capping outpatient rehabilitation therapy services would likely cause some beneficiaries to delay necessary care, force others to assume higher out-of-pocket costs, and disrupt the continuum of care for many seniors and individuals with disabilities.

I urge my colleagues to join me and Senator Collins in supporting the Medicare Access to Rehabilitation Services Act to ensure that our seniors have access to the outpatient rehabilitation therapy services that they need.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise in support of the Medicare Access to Rehabilitation Services Act, which I am introducing today with my colleagues Senators Collins, Casey, and Heller. This important bill repeals the monetary caps that limit Medicare beneficiaries' access to medically necessary outpatient physical therapy, occupational therapy, and speech-language pathology services.

Limits on outpatient rehabilitation therapy services under Medicare were first imposed in 1997 as part of the Balanced Budget Act. The decision to impose limits on these services was not based on data, quality-of-care concerns, or clinical judgment--its sole purpose was to limit spending in order to balance the Federal budget. Since 1997, Congress has acted 12 times to prevent the implementation of the therapy caps through moratoriums and an exceptions process. While these short-term actions have provided necessary relief to our seniors, a long-term solution is essential to bring permanent relief and much- needed stability for both patients and providers.

We need a full repeal of the existing caps on physical therapy, occupational therapy, and speech-language pathology services. These annual financial caps limit services often needed after a

stroke, traumatic brain injury, or spinal cord injury, or to effectively manage conditions such as Parkinson's disease, multiple sclerosis, and arthritis. Arbitrary caps on these vital Medicare outpatient therapy services are simply unacceptable. They also discriminate against the oldest and sickest Medicare beneficiaries, who typically require the most intensive therapy, and disadvantage Medicare beneficiaries who live in regions with higher health care costs.

In a 2009 report issued by the Medicare Payment Advisory Committee, MEDPAC, it was estimated that the therapy cap, if enforced without an exceptions process, could negatively impact 931,000 Medicare beneficiaries. Arbitrarily capping outpatient rehabilitation therapy services would likely cause some beneficiaries to delay necessary care, force others to assume higher out-of-pocket costs, and disrupt the continuum of care for many seniors and individuals with disabilities.

I urge my colleagues to join me and Senator Collins in supporting the Medicare Access to Rehabilitation Services Act to ensure that our seniors have access to the outpatient rehabilitation therapy services that they need.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. Speaker, I rise today to speak in strong support of my bill, H.R. 423, the Anti-Spoofing Act of 2017.

I am honored to have authored this bill with Congressman Barton and Congressman Lance once again, and I thank Amy Murphy and Ryan Farrell of their respective staffs for working so closely with mine. I also thank the COMET Civic Association from my district for first bringing 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 afternoon 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 citizens, law enforcement, and consumer protection groups.

The Anti-Spoofing Act of 2017 is a bipartisan bill. It passed the House in both the 113th and 114th Congresses under suspension of the rules, and it is my sincere hope that this bill will continue to be noncontroversial and that we will do everything in our power to combat telephone scams against our constituents.

In closing, I thank Representatives Blackburn and Doyle for their support this afternoon, as well as Energy and Commerce Chairman Walden and Ranking Member Pallone. Without their support, this legislation would not be on the floor.

I urge the Senate to quickly take up this legislation.

I urge all of my colleagues in this Chamber to support it once again.