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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1540 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1540

  To improve the enforcement of prohibitions on robocalls, including 
                         fraudulent robocalls.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2015

 Mrs. McCaskill (for herself and Ms. Collins) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To improve the enforcement of prohibitions on robocalls, including 
                         fraudulent robocalls.

    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 ``Robocall and Call Spoofing 
Enforcement Improvements Act of 2015''.

SEC. 2. ENFORCEMENT AUTHORITY RELATING TO NON-LICENSEE ROBOCALLERS.

    (a) Authority To Impose Forfeitures Without First Issuing 
Citations.--Section 503(b)(5) of the Communications Act of 1934 (47 
U.S.C. 503(b)(5)) is amended in the second sentence--
            (1) by striking ``or in the case of'' and inserting ``in 
        the case of''; and
            (2) by inserting before the period at the end the 
        following: ``, or if the person involved is engaging in 
        violations of section 227(b)(1) of this title''.
    (b) Expansion of Statute of Limitations.--Section 503(b)(6)(B) of 
the Communications Act of 1934 (47 U.S.C. 503(b)(6)(B)) is amended--
            (1) by striking ``occurred more than 1 year'' and inserting 
        the following: ``occurred--
                            ``(i) except as provided in clause (ii), 
                        more than 1 year'';
            (2) by striking ``liability.'' and inserting ``liability; 
        or''; and
            (3) by inserting after clause (i), as designated, the 
        following:
                            ``(ii) in the case of a violation of 
                        section 227(b)(1) of this title, more than 3 
                        years prior to the date of issuance of the 
                        required notice or notice of apparent 
                        liability.''.
    (c) Increase in Maximum Forfeiture.--Section 503(b)(2) of the 
Communications Act of 1934 (47 U.S.C. 503(b)(2)) is amended--
            (1) in subparagraph (D), by striking ``or (C)'' and 
        inserting ``(C), (F), or (G)''; and
            (2) by adding at the end the following:
    ``(G) If the violator does not hold, and is not an applicant for, a 
license, permit, certificate, or other authorization issued by the 
Commission--
            ``(i) the amount of any forfeiture penalty determined under 
        this subsection for a violation of section 227(b)(1) of this 
        title shall not exceed $25,000 for each violation or each day 
        of a continuing violation; and
            ``(ii) there shall be no limit on the total amount assessed 
        for any continuing violation of section 227(b)(1) of this 
        title.''.

SEC. 3. AMENDMENTS TO TRUTH IN CALLER ID ACT OF 2009.

    (a) Communications From Outside United States.--Section 227(e)(1) 
of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by 
inserting ``or any person outside the United States if the recipient is 
within the United States,'' after ``United States,''.
    (b) Clarification of Definition of ``IP-Enabled Voice Service''.--
Section 227(e)(8)(C) of the Communications Act of 1934 (47 U.S.C. 
227(e)(8)(C)) is amended by striking ``has the meaning'' and all that 
follows and inserting the following: ``means the provision of real-time 
voice communications offered to the public, or such class of users as 
to be effectively available to the public, transmitted using Internet 
protocol, or a successor protocol, (whether part of a bundle of 
services or separately) with interconnection capability such that the 
service can originate traffic to, or terminate traffic from, the public 
switched telephone network, or a successor network.''.
    (c) Spoofing Service.--
            (1) In general.--Section 227(e) of the Communications Act 
        of 1934 (47 U.S.C. 227(e)) is amended--
                    (A) by striking paragraph (4);
                    (B) by redesignating paragraph (3) as paragraph 
                (4);
                    (C) by inserting after paragraph (2) the following:
            ``(3) Spoofing services.--
                    ``(A) In general.--A provider of a spoofing service 
                shall take such steps as the Commission may prescribe 
                to verify that a person does not use the service in 
                violation of this subsection.
                    ``(B) Recordkeeping and reporting.--The Commission 
                shall impose reasonable recordkeeping and reporting 
                obligations on a provider of a spoofing service, and 
                shall adopt any other regulation that the Commission 
                determines necessary, to prevent or investigate 
                violations of this subsection.
                    ``(C) Subpoena authority.--Notwithstanding chapter 
                121 of title 18, United States Code, for purposes of 
                enforcing this subsection, the Commission may by 
                subpoena require a provider of a spoofing service to 
                disclose to the Commission the caller identification 
                information transmitted by a subscriber to or customer 
                of the spoofing service.''; and
                    (D) in paragraph (8), by adding at the end the 
                following:
                    ``(D) Spoofing service.--The term `spoofing 
                service' means a service that substitutes, or permits a 
                user to substitute, another name or any number 
                (including a telephone number, pseudo-number, or other 
                number) for display as the caller identification 
                information for a call or text message.''.
            (2) Conforming amendment.--Section 227(e)(1) of the 
        Communications Act of 1934 (47 U.S.C. 227(e)(1)), as amended by 
        subsection (a), is amended by striking ``paragraph (3)(B)'' and 
        inserting ``paragraph (4)(B)''.
    (d) Text Messaging Service.--Section 227(e)(8) of the 
Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended--
            (1) in subparagraph (A), by inserting ``(including a text 
        message sent using a text messaging service)'' before the 
        period at the end;
            (2) in the first sentence of subparagraph (B), by inserting 
        ``(including a text message sent using a text messaging 
        service)'' before the period at the end; and
            (3) by adding at the end the following:
                    ``(E) Text message.--The term `text message'--
                            ``(i) means a real-time or near real-time 
                        message consisting of text, images, sounds, or 
                        other information that is transmitted from or 
                        received by a device that is identified as the 
                        transmitting or receiving device by means of a 
                        telephone number;
                            ``(ii) includes a short message service 
                        (commonly referred to as `SMS') message, an 
                        enhanced message service (commonly referred to 
                        as `EMS') message, and a multimedia message 
                        service (commonly referred to as `MMS') 
                        message; and
                            ``(iii) does not include a real-time, 2-way 
                        voice or video communication.
                    ``(F) Text messaging service.--The term `text 
                messaging service' means a service that permits the 
                transmission or receipt of a text message, including a 
                service provided as part of or in connection with a 
                telecommunications service or an IP-enabled voice 
                service.''.
    (e) Savings Clause.--Section 227(e) of the Communications Act of 
1934 (47 U.S.C. 227(e)) is amended by adding at the end the following:
            ``(10) Savings clause.--Nothing in this subsection shall be 
        construed to--
                    ``(A) modify or limit the authority of the 
                Commission under the Telephone Consumer Protection Act 
                of 1991 (Public Law 102-243; 105 Stat. 2394), the 
                amendments made by that Act, or the CAN-SPAM Act of 
                2003 (15 U.S.C. 7701 et seq.), as of the day before the 
                date of enactment of the Robocall and Call Spoofing 
                Enforcement Improvements Act of 2015, to interpret the 
                term `call' to include a text message; or
                    ``(B) modify, limit, or otherwise affect any rule 
                or order adopted by the Commission in connection with 
                the Telephone Consumer Protection Act of 1991, the 
                amendments made by that Act, or the CAN-SPAM Act of 
                2003.''.
    (f) Regulations.--
            (1) In general.--Section 227(e)(4)(A) of the Communications 
        Act of 1934 (47 U.S.C. 227(e)(4)(A)), as redesignated by 
        subsection (c), 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''.
            (2) Deadline.--Not later than 18 months after the date of 
        enactment of this Act, the Federal Communications Commission 
        shall prescribe regulations to implement the amendments made by 
        this section.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date that is 6 months after the date on which the Federal 
Communications Commission prescribes regulations to implement the 
amendments made by this section.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) telecommunications carriers have the legal authority to 
        offer consumers services that block or filter robocalls; and
            (2) the Federal Government, including the Federal 
        Communications Commission and the Federal Trade Commission, 
        should encourage telecommunications carriers to develop and 
        implement the services described in paragraph (1).
                                 <all>
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