Stop Coronavirus Scams Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7660 To double the penalties for causing the transmission of misleading or inac- curate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value by making certain false communications relating to COVID–19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 16, 2020 Mr. STAUBER (for himself and Ms. CRAIG) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To double the penalties for causing the transmission of mis- leading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value by making certain false commu- nications relating to COVID–19, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Coronavirus 4 Scams Act of 2020’’. 5 VerDate Sep 11 2014 05:54 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7660.IH H7660 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7660 IH SEC. 2. DOUBLING OF PENALTIES FOR CALLER ID SPOOF- 1 ING IN CONNECTION WITH COVID–19 SCAMS. 2 (a) IN GENERAL.—In the case of a person who vio- 3 lates section 227(e) of the Communications Act of 1934 4 (47 U.S.C. 227(e)) with the intent to defraud, cause harm, 5 or wrongfully obtain anything of value by making a cov- 6 ered communication to the called party, the following shall 7 apply: 8 (1) The maximum amount of the forfeiture pen- 9 alty that may be determined against such person for 10 the violation under paragraph (5)(A)(i) of such sec- 11 tion shall be 2 times the maximum amount that may 12 be determined under such paragraph without regard 13 to this paragraph. 14 (2) The maximum amount of the criminal fine 15 that may be imposed on such person for the viola- 16 tion under paragraph (5)(B) of such section shall be 17 2 times the maximum amount that may be imposed 18 under such paragraph without regard to this para- 19 graph. 20 (3) The maximum length of the term of impris- 21 onment that may be imposed on such person for the 22 violation under section 501 of such Act (47 U.S.C. 23 501) shall be 2 times the maximum length of the 24 term that may be imposed under such section with- 25 out regard to this paragraph. 26 VerDate Sep 11 2014 05:54 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7660.IH H7660 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7660 IH (b) REGULATIONS.—Not later than 60 days after the 1 date of the enactment of this Act, the Federal Commu- 2 nications Commission shall promulgate regulations to im- 3 plement this section. Such regulations shall include cri- 4 teria for determining whether a communication is a cov- 5 ered communication. 6 (c) DEFINITIONS.—In this section: 7 (1) CALLED PARTY.—The term ‘‘called party’’ 8 means the recipient of a telephone call or a text 9 message (as the case may be) in connection with 10 which misleading or inaccurate caller identification 11 information is caused to be transmitted in violation 12 of section 227(e) of the Communications Act of 13 1934 (47 U.S.C. 227(e)). 14 (2) COVERED COMMUNICATION.—The term 15 ‘‘covered communication’’ means a communication 16 (regardless of whether the communication expressly 17 refers to SARS–CoV–2 or COVID–19) that would 18 lead a reasonable person to believe— 19 (A) that— 20 (i) a financial opportunity (including 21 participation in a government assistance 22 program or a government or private loan 23 or insurance program) is or may be avail- 24 able to such person, the household of such 25 VerDate Sep 11 2014 05:54 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7660.IH H7660 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7660 IH person, or a member of such household, 1 when such opportunity is not in fact so 2 available; and 3 (ii) the availability of such oppor- 4 tunity is a result of SARS–CoV–2 or 5 COVID–19; or 6 (B) that a product, service, benefit, or 7 other opportunity relating to testing or treat- 8 ment for or vaccination against SARS–CoV–2 9 or COVID–19, or relating to payment for such 10 testing, treatment, or vaccination, is or may be 11 available to such person, the household of such 12 person, or a member of such household, when 13 such opportunity is not in fact so available. 14 Æ VerDate Sep 11 2014 05:54 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7660.IH H7660 kjohnson on DSK79L0C42PROD with BILLS