Rick Boucher

Madam Speaker, I move to suspend the rules and pass the bill (S. 3386) to protect consumers from certain aggressive sales tactics on the Internet.

Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material.

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

I am pleased to rise in support this afternoon of S. 3386, the Restore Online Shoppers' Confidence Act. The legislation makes essential protections to consumers in the Internet marketplace.

The rapid growth of online commerce has brought great benefits to merchants and consumers alike. Creative retailers can reach a broader market, while resourceful shoppers can compare deals and find exactly the right product for themselves. Internet commerce is now a core part of the daily lives of millions of Americans, and overall, more than one-half of all adults, at some point, have made an online purchase. But large percentages of consumers also report feeling frustrated, overwhelmed, and confused by online shopping, often because they face unfamiliar, aggressive sales tactics online.

Last year, an investigation by the Senate Commerce, Science, and Transportation Committee confirmed the

pervasive use of misleading tactics by even some of the Web's most prominent, trusted retailers. The committee concluded that while consumers are heavily involved in Internet commerce, they are struggling to stay free of unwanted charges on their credit cards or their debit cards.

The bill now before the House focuses on two common deceptive tactics: post-transaction marketing and ``data pass.''

Post-transaction marketing occurs when a consumer purchasing something from a trusted vendor is presented with offers from unrelated sellers promising savings on the initial transaction as well as future purchases. These third-party sellers often do not make clear that they are distinct entities and that agreeing to their offer constitutes a wholly separate transaction with an entirely new set of terms. The legislation would bring these transactions into the light and make them much easier for consumers to follow. It would also put an end to ``data pass'' during these transactions, in which the first seller shares a consumer's credit card number with the third-party seller without the knowledge or consent of the consumer. The legislation returns to consumers the power to control when and with whom their sensitive financial information is shared.

The Restore Online Shoppers' Confidence Act, as passed by the Senate, serves to protect the consumer in the online marketplace.

I want to say thank you to Senator Rockefeller, the chief sponsor of the measure in the other body, and to his staff for their determined work, as well as to Congressman Space, on our Energy and Commerce Committee, for his sponsorship of this measure in the House.

Through this legislation, consumers will be empowered to make smart decisions online and protect their bank accounts. I urge strong support for the passage of the bill.

Madam Speaker, I reserve the balance of my time.

Madam Speaker, I yield myself the balance of my time.

Madam Speaker, I want to express appreciation for the gentleman from Nebraska for those very kind comments, and I want to also say what a privilege it has been working with him. He and I together have structured a number of items of legislation.

For example, we advanced to the Energy and Commerce Committee a measure that comprehensively reforms the Federal Universal Service Fund and has obtained the endorsement of virtually all of the stakeholders who have expressed interest in that very complex subject. It has been a pleasure working with the gentleman as that work has been undertaken.

His comments are really humbling to me, and I want to thank him for saying those things and just express what a privilege it has been for me to work with the gentleman and with all members of the Energy and Commerce Committee during these 28 years. It has been a service that will certainly be the high point of my career, and I thank all members for their many courtesies.

Madam Speaker, I strongly encourage the passage of this legislation.

I yield back the balance of my time.

Madam Speaker, I move to suspend the rules and pass the

bill (S. 30) to amend the Communications Act of 1934 to prohibit manipulation of caller identification information.

Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material in the Record.

I yield myself such time as I may consume.

(Mr. BOUCHER asked and was given permission to revise and extend his remarks.)

Madam Speaker, today we consider S. 30, the Truth in Caller ID Act. It is the Senate companion to House legislation that was introduced on a bipartisan basis by our colleagues, the gentleman from New York (Mr. Engel) and the gentleman from Texas (Mr. Barton), ranking Republican member of the Energy and Commerce Committee.

The bill directs the FCC to adopt the regulations prohibiting caller ID spoofing in which a caller falsifies the original caller ID information during the transmission of a call with the intent to defraud, to cause harm, or wrongfully to obtain anything of value. The bill makes anyone who knowingly and willingly engages in caller ID spoofing eligible for criminal fines.

Spoofing has been possible for many years, but generally required expensive

equipment in order to change the outgoing call information. But with the growth of voice over Internet protocol usage, spoofing has become easier and considerably less expensive, and a number of Web sites are now offering spoofing services. Consequently, those who want to deceive others by manipulating caller ID can now do so with relative ease.

Spoofing threatens a number of business applications, including credit card verifications and automatic call routing, because these systems rely on the telephone number as identified by the caller ID system as one piece of their verification and authentication process. It is also commonly used in the commission of frauds of various kinds.

At other times, spoofing may be used to protect individuals. For example, domestic violence shelters sometimes use spoofing to mask the identity of the caller for protective purposes.

By prohibiting the use of caller ID spoofing only where the intent is to defraud, to cause harm, or wrongfully obtain anything of value, this measure addresses the nefarious uses of the technology while continuing to allow legitimate uses such as use in shelters for the victims of domestic violence.

In the rulemaking that the FCC will conduct pursuant to new subsection 227(e)(3) of the Communications Act, the committee anticipates that the commission will consider imposing obligations on entities that provide caller ID spoofing services to the public. The widespread availability of caller ID spoofing services presents a significant potential for abuse and hinders law enforcement's ability to investigate crime.

The prohibition in this bill on the use of those services with the intent to defraud, cause harm, or wrongfully obtain anything of value could be of limited value if entities continue to provide those services without making any effort to verify their users' ownership of the phone number that is being substituted.

With our action today, this measure will be forwarded to the President for his signature. I want to thank and commend our colleagues, Mr. Engel and also Mr. Barton, for their commitment to the matter. And I want to commend Senator Nelson of Florida and all Members who, on a bipartisan basis, have contributed to and supported the legislation now before the House.

I reserve the balance of my time.

Madam Speaker, I am pleased to yield such time as he may consume to the gentleman from New York (Mr. Engel), the chief sponsor of the House companion measure.

Madam Speaker, I reserve the balance of my time.

Madam Speaker, I yield myself the balance of my time, and I do so to thank my colleagues, the gentleman from Texas (Mr. Barton) and my friend, the gentleman from Florida (Mr. Stearns) for their kind remarks. I want to thank them for the collaboration and the friendship over the years.

Mr. Stearns and I have participated together in developing the ideas, developing the legislation, and bringing through the Communications Subcommittee all of the bills that that subcommittee acted on legislatively in this 2-year session of Congress. I appreciate so much the good ideas Mr. Stearns shared, his work with me to ensure that all of our legislation had a bipartisan foundation, and I think what we were able to do was a better product by virtue of the fact that we worked together. It has been a privilege over the years to have the opportunity to work with him. He is an outstanding legislator.

I want to commend him for the fine work that he has done, and mostly thank him for the friendship and the partnership that he and I have enjoyed together. And I want to say thank you to my friend (Mr. Barton) with whom I was privileged to work on the Energy Subcommittee when he was chairman and I was the ranking member. During the time he chaired the full committee, I had the privilege of participating with him on a whole range of undertakings, and I admire very much the leadership that he has provided as chairman of the Energy and Commerce Committee and more recently as the ranking member.

So, thank you, gentlemen, for those kind remarks. I am humbled by them. And I appreciate your taking very much the occasion of our debate on this legislation to make those comments.

Madam Speaker, I have no further requests for time, I urge support of the legislation currently pending, and I yield back the balance of my time.

Madam Speaker, Joseph C. ``Papa Joe'' Smiddy is truly a legend in southwest Virginia and beyond. Known for his folksy humor, Dr. Smiddy is widely revered for his endeavors on behalf of the University of Virginia's College at Wise (formerly known as Clinch Valley College), the college that he guided through its infancy and through years of growth as it became the outstanding institution of higher learning that it is today.

Before Clinch Valley College was established in 1954, there were no public colleges in Virginia west of Radford, which made higher education out of reach for most residents of southwest Virginia. The only 4-year, state-supported college in far southwest Virginia, the University of Virginia's College at Wise is also the only branch of the University of Virginia in southwest Virginia. Under Dr. Smiddy's tutelage, the college became a 4-year institution in 1970 with the awarding of Bachelor of Arts degrees. Bachelor of Science degrees were awarded in 1973, and Bachelor of Science degrees in Nursing were first awarded in 1996. U.S. News & World Report ranks the college as one of the south's top public liberal arts colleges. Dr. Smiddy's name and efforts will forever be linked to the success of the University of Virginia's College at Wise.

A native of Jellico, Tennessee, Dr. Joseph C. Smiddy began his career as an educator as a biology and chemistry teacher and band director. Later, he became a high school principal in Lee County, Virginia, after honorably serving his country as a member of the United States Army during World War II in New Caledonia and the Philippines. Dr. Smiddy was the first biology instructor at Clinch Valley College in 1954, continuing to teach there until 1984. He served as dean and director of the college before being named chancellor in 1968. Dr. Smiddy was forward-thinking in admitting African-American students to the college at a time when not many others were, and Clinch Valley College was co- educational a decade before the University of Virginia admitted women.

Since his retirement in 1985, Dr. Smiddy has continued to serve as ambassador for the University of Virginia's College at Wise and to work tirelessly on its behalf. Because of his efforts, innumerable students who would otherwise not have been able to do so have acquired a college education.

The numerous awards which Dr. Smiddy has received include the University of Virginia's College at Wise Alumni Association's Meritorious Achievement Award, the Wise County Outstanding Citizen Award, the Wise County Outstanding Educator Award, and the Kanto Award. He has been included in the Virginia Hall of Fame, and in 1981, he was named a laureate of the Virginia Cultural Laureate Center. Dr. Smiddy has received honorary doctorates from Lincoln Memorial University, his alma mater (1970); the University of Richmond (1975); and The College of William and Mary (1985).

Dr. Smiddy recently achieved an important milestone by celebrating his ninetieth birthday. He remains a vibrant member of the community of Wise where he lives with his wife, Reba. His daughter, the Honorable Elizabeth Smiddy Wills, is a juvenile and domestic relations court judge for the 30th judicial district of Virginia. His son, Dr. Joe Frank Smiddy, M.D., is a pulmonologist in Kingsport, Tennessee. An active Kiwanian for decades, Dr. Smiddy is also a lifetime deacon of Wise Baptist Church. He uses his gifts as musician and storyteller to share the music and history of the Appalachian Mountains with others not only in Virginia but across the United States and in several foreign countries. His renown as an educator will forever endear Joseph C. Smiddy to the citizens of far southwest Virginia and to all those whose lives have been touched by the institution to which he has dedicated himself, the University of Virginia's College at Wise.