I 

116TH CONGRESS 

1ST SESSION H. R. 3375 

To amend the Communications Act of 1934 to clarify the prohibitions on 

making robocalls, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 20, 2019 

Mr. PALLONE (for himself, Mr. WALDEN, Mr. MICHAEL F. DOYLE of Pennsylvania, and Mr. LATTA) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Communications Act of 1934 to clarify the 

prohibitions on making robocalls, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stopping Bad 

5 Robocalls Act’’. 

6 SEC. 2. CONSUMER PROTECTION REGULATIONS RELATING 

7 TO MAKING ROBOCALLS. 

8 Not later than 6 months after the date of the enact9 ment of this Act, and as appropriate thereafter to ensure 

10 that the consumer protection and privacy purposes of secVerDate Sep 11 2014 02:34 Jun 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375

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1 tion 227 of the Communications Act of 1934 (47 U.S.C. 

2 227) remain effective, the Commission shall prescribe such 

3 regulations, or amend such existing regulations, as nec4 essary to clarify such descriptions of automatic telephone 

5 dialing systems and calls made using an artificial or 

6 prerecorded voice as will, in the judgment of the Commis7 sion, ensure that— 

8 (1) the consumer protection and privacy pur9 poses of such section are effectuated; 

10 (2) calls made and text messages sent using 

11 automatic telephone dialing systems and calls made 

12 using an artificial or prerecorded voice are made or 

13 sent (as the case may be) with consent, unless ex14 empted by paragraph (1), (2)(B), or (2)(C) of sub15 section (b) of such section; 

16 (3) consumers can withdraw consent for such 

17 calls and text messages; 

18 (4) circumvention or evasion of such section is 

19 prevented; 

20 (5) callers maintain records to demonstrate that 

21 such callers have obtained consent, unless exempted 

22 by paragraph (1), (2)(B), or (2)(C) of subsection (b) 

23 of such section, for such calls and text messages, for 

24 a period of time that will permit the Commission to 


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1 effectuate the consumer protection and privacy pur2 poses of such section; and 

3 (6) compliance with such section is facilitated. 

4 SEC. 3. CONSUMER PROTECTIONS FOR EXEMPTIONS. 

5 (a) IN GENERAL.—Section 227(b)(2) of the Commu6 nications Act of 1934 (47 U.S.C. 227(b)(2)) is amended— 

7 (1) in subparagraph (G)(ii), by striking ‘‘; and’’ 

8 and inserting a semicolon; 

9 (2) in subparagraph (H), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(I) shall ensure that any exemption under 

13 subparagraph (B) or (C) contains requirements 

14 for calls made in reliance on the exemption with 

15 respect to— 

16 ‘‘(i) the classes of parties that may 

17 make such calls; 

18 ‘‘(ii) the classes of parties that may be 

19 called; and 

20 ‘‘(iii) the number of such calls that a 

21 calling party may make to a particular 

22 called party.’’. 

23 (b) DEADLINE FOR REGULATIONS.—In the case of 

24 any exemption issued under subparagraph (B) or (C) of 

25 section 227(b)(2) of the Communications Act of 1934 (47 


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1 U.S.C. 227(b)(2)) before the date of the enactment of this 

2 Act, the Commission, shall, not later than 1 year after 

3 such date of enactment, prescribe such regulations, or 

4 amend such existing regulations, as necessary to ensure 

5 that such exemption contains each requirement described 

6 in subparagraph (I) of such section, as added by sub7 section (a). To the extent such an exemption contains such 

8 a requirement before such date of enactment, nothing in 

9 this section or the amendments made by this section shall 

10 be construed to require the Commission to prescribe or 

11 amend regulations relating to such requirement. 

12 SEC. 4. REPORT ON REASSIGNED NUMBER DATABASE. 

13 (a) REPORT TO CONGRESS.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of the enactment of this Act, the Commis16 sion shall submit to Congress, and make publicly 

17 available on the website of the Commission, a report 

18 on the status of the efforts of the Commission pur19 suant to the Second Report and Order in the matter 

20 of Advanced Methods to Target and Eliminate Un21 lawful Robocalls (CG Docket No. 17–59; FCC 18– 

22 177; adopted on December 12, 2018). 

23 (2) CONTENTS.—The report required by para24 graph (1) shall describe the efforts of the CommisVerDate Sep 11 2014 02:34 Jun 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375

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1 sion, as described in such Second Report and Order, 

2 to ensure— 

3 (A) the establishment of a database of tele4 phone numbers that have been disconnected, in 

5 order to provide a person making calls subject 

6 to section 227(b) of the Communications Act of 

7 1934 (47 U.S.C. 227(b)) with comprehensive 

8 and timely information to enable such person to 

9 avoid making calls without the prior express 

10 consent of the called party because the number 

11 called has been reassigned; 

12 (B) that a person who wishes to use any 

13 safe harbor provided pursuant to such Second 

14 Report and Order with respect to making calls 

15 must demonstrate that, before making the call, 

16 the person appropriately checked the most re17 cent update of the database and the database 

18 reported that the number had not been discon19 nected; and 

20 (C) that if the person makes the dem21 onstration described in subparagraph (B), the 

22 person will be shielded from liability under sec23 tion 227(b) of the Communications Act of 1934 

24 (47 U.S.C. 227(b)) should the database return 

25 an inaccurate result. 


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1 (b) CLARIFICATION OF DEFINITION OF CALLED

2 PARTY.— 

3 (1) IN GENERAL.—Section 227(a) of the Com4 munications Act of 1934 (47 U.S.C. 227(a)) is 

5 amended by adding at the end the following: 

6 ‘‘(6) The term ‘called party’ means, with re7 spect to a call, the current subscriber or customary 

8 user of the telephone number to which the call is 

9 made, determined at the time when the call is 

10 made.’’. 

11 (2) CONFORMING AMENDMENTS.—Section 

12 227(d)(3)(B) of the Communications Act of 1934 

13 (47 U.S.C. 227(d)(3)(B)) is amended— 

14 (A) by striking ‘‘called party’s line’’ each 

15 place it appears and inserting ‘‘telephone line 

16 called’’; and 

17 (B) by striking ‘‘called party has hung up’’ 

18 and inserting ‘‘answering party has hung up’’. 

19 (3) EFFECTIVE DATE.—The amendments made 

20 by this subsection shall apply beginning on the date 

21 on which the Commission establishes the database 

22 described in the Second Report and Order in the 

23 matter of Advanced Methods to Target and Elimi24 nate Unlawful Robocalls (CG Docket No. 17–59; 

25 FCC 18–177; adopted on December 12, 2018). 


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1 SEC. 5. ENFORCEMENT. 

2 (a) NO CITATION REQUIRED TO SEEK FORFEITURE

3 PENALTY.— 

4 (1) FOR ROBOCALL VIOLATIONS.—Section 

5 227(b) of the Communications Act of 1934 (47 

6 U.S.C. 227(b)) is amended by adding at the end the 

7 following: 

8 ‘‘(4) NO CITATION REQUIRED TO SEEK FOR9 FEITURE PENALTY.—Paragraph (5) of section 

10 503(b) shall not apply in the case of a violation 

11 made with the intent to cause such violation of this 

12 subsection.’’. 

13 (2) FOR CALLER IDENTIFICATION INFORMA14 TION VIOLATIONS.—Section 227(e)(5)(A)(iii) of the 

15 Communications Act of 1934 (47 U.S.C. 

16 227(e)(5)(A)(iii)) is amended by adding at the end 

17 the following: ‘‘Paragraph (5) of section 503(b) shall 

18 not apply in the case of a violation of this sub19 section.’’. 

20 (b) 4-YEAR STATUTE OF LIMITATIONS.— 

21 (1) FOR ROBOCALL VIOLATIONS.—Section 

22 227(b) of the Communications Act of 1934 (47 

23 U.S.C. 227(b)), as amended by subsection (a), is 

24 further amended by adding at the end the following: 

25 ‘‘(5) 4-YEAR STATUTE OF LIMITATIONS.—Not26 withstanding paragraph (6) of section 503(b), no 


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1 forfeiture penalty for violation of this subsection 

2 shall be determined or imposed against any person 

3 if the violation charged occurred more than— 

4 ‘‘(A) 3 years prior to the date of issuance 

5 of the notice required by paragraph (3) of such 

6 section or the notice of apparent liability re7 quired by paragraph (4) of such section (as the 

8 case may be); or 

9 ‘‘(B) if the violation was made with the in10 tent to cause such violation, 4 years prior to the 

11 date of issuance of the notice required by para12 graph (3) of such section or the notice of ap13 parent liability required by paragraph (4) of 

14 such section (as the case may be).’’. 

15 (2) FOR CALLER IDENTIFICATION INFORMA16 TION VIOLATIONS.—Section 227(e)(5)(A)(iv) of the 

17 Communications Act of 1934 (47 U.S.C. 

18 227(e)(5)(A)(iv)) is amended— 

19 (A) in the heading, by striking ‘‘2-YEAR’’ 

20 and inserting ‘‘4-YEAR’’; and 

21 (B) by striking ‘‘2 years’’ and inserting ‘‘4 

22 years’’. 


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1 SEC. 6. ANNUAL REPORT TO CONGRESS. 

2 Section 227 of the Communications Act of 1934 (47 

3 U.S.C. 227) is amended by adding at the end the fol4 lowing: 

5 ‘‘(i) ANNUAL REPORT TO CONGRESS ON ROBOCALLS

6 AND TRANSMISSION OF MISLEADING OR INACCURATE

7 CALLER IDENTIFICATION INFORMATION.— 

8 ‘‘(1) REPORT REQUIRED.—Not later than 1 

9 year after the date of the enactment of this sub10 section, and annually thereafter, the Commission, 

11 after consultation with the Federal Trade Commis12 sion, shall submit to Congress a report regarding en13 forcement by the Commission of subsections (b), (c), 

14 (d), and (e) during the preceding calendar year. 

15 ‘‘(2) MATTERS FOR INCLUSION.—Each report 

16 required by paragraph (1) shall include the fol17 lowing: 

18 ‘‘(A) The number of complaints received by 

19 the Commission during each of the preceding 

20 five calendar years, for each of the following 

21 categories: 

22 ‘‘(i) Complaints alleging that a con23 sumer received a call in violation of sub24 section (b) or (c). 


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1 ‘‘(ii) Complaints alleging that a con2 sumer received a call in violation of the 

3 standards prescribed under subsection (d). 

4 ‘‘(iii) Complaints alleging that a con5 sumer received a call in connection with 

6 which misleading or inaccurate caller iden7 tification information was transmitted in 

8 violation of subsection (e). 

9 ‘‘(B) The number of citations issued by the 

10 Commission pursuant to section 503(b) during 

11 the preceding calendar year to enforce sub12 section (d), and details of each such citation. 

13 ‘‘(C) The number of notices of apparent li14 ability issued by the Commission pursuant to 

15 section 503(b) during the preceding calendar 

16 year to enforce subsections (b), (c), (d), and 

17 (e), and details of each such notice including 

18 any proposed forfeiture amount. 

19 ‘‘(D) The number of final orders imposing 

20 forfeiture penalties issued pursuant to section 

21 503(b) during the preceding calendar year to 

22 enforce such subsections, and details of each 

23 such order including the forfeiture imposed. 

24 ‘‘(E) The amount of forfeiture penalties or 

25 criminal fines collected, during the preceding 


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1 calendar year, by the Commission or the Attor2 ney General for violations of such subsections, 

3 and details of each case in which such a for4 feiture penalty or criminal fine was collected. 

5 ‘‘(F) Proposals for reducing the number of 

6 calls made in violation of such subsections. 

7 ‘‘(G) An analysis of the contribution by 

8 providers of interconnected VoIP service and 

9 non-interconnected VoIP service that discount 

10 high-volume, unlawful, short-duration calls to 

11 the total number of calls made in violation of 

12 such subsections, and recommendations on how 

13 to address such contribution in order to de14 crease the total number of calls made in viola15 tion of such subsections. 

16 ‘‘(3) NO ADDITIONAL REPORTING REQUIRED.— 

17 The Commission shall prepare the report required by 

18 paragraph (1) without requiring the provision of ad19 ditional information from providers of telecommuni20 cations service or voice service (as defined in section 

21 7(d) of the Stopping Bad Robocalls Act).’’. 


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1 SEC. 7. REGULATIONS RELATING TO EFFECTIVE CALL AU2 THENTICATION TECHNOLOGY. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Commission shall pre5 scribe regulations in WC Docket No. 17–97. 

6 (b) REQUIREMENTS FOR EFFECTIVE CALL AUTHEN7 TICATION TECHNOLOGY.— 

8 (1) IN GENERAL.—The regulations required by 

9 subsection (a) shall— 

10 (A) require providers of voice service to im11 plement, within six months after the date on 

12 which such regulations are prescribed, an effec13 tive call authentication technology; and 

14 (B) ensure that voice service providers that 

15 have implemented the effective authentication 

16 technology attest that such provider has deter17 mined, when originating calls on behalf of a 

18 calling party, that the calling party number 

19 transmitted with such calls has been appro20 priately authenticated. 

21 (2) REASSESSMENT OF REGULATIONS.—The 

22 Commission shall reassess such regulations, at least 

23 once every two years, to ensure the regulations re24 main effective and up to date with technological ca25 pabilities. 

26 (3) EXEMPTION.— 


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1 (A) BURDENS AND BARRIERS TO IMPLE2 MENTATION.—The Commission— 

3 (i) shall include findings on any bur4 dens or barriers to the implementation re5 quired in paragraph (1), including— 

6 (I) for providers of voice service 

7 to the extent the networks of such 

8 providers use time-division multi9 plexing; and 

10 (II) for small providers of voice 

11 service and those in rural areas; and 

12 (ii) in connection with such findings, 

13 may exempt from the 6-month time period 

14 described in paragraph (1)(A), for a rea15 sonable period of time a class of providers 

16 of voice service, or type of voice calls, as 

17 necessary for that class of providers or 

18 type of calls to participate in the imple19 mentation in order to address the identi20 fied burdens and barriers. 

21 (B) FULL PARTICIPATION.—The Commis22 sion shall take all steps necessary to address 

23 any issues in the findings and enable as 

24 promptly as possible full participation of all 

25 classes of providers of voice service and types of 


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1 voice calls to receive the highest level of attesta2 tion. 

3 (C) ALTERNATIVE METHODOLOGIES.—The 

4 Commission shall identify or develop, in con5 sultation with small providers of service and 

6 those in rural areas, alternative effective meth7 odologies to protect customers from 

8 unauthenticated calls during any exemption 

9 given under subparagraph (A)(ii). Such meth10 odologies shall be provided with no additional 

11 line item charge to customers. 

12 (D) REVISION OF EXEMPTION.—Not less 

13 frequently than annually after the first exemp14 tion is issued under this paragraph, the Com15 mission shall consider revising or extending any 

16 exemption made, may revise such exemption, 

17 and shall issue a public notice with regard to 

18 whether such exemption remains necessary. 

19 (4) ACCURATE IDENTIFICATION.—The regula20 tions required by subsection (a) shall include guide21 lines that providers of voice service may use as part 

22 of the implementation of effective call authentication 

23 technology under paragraph (1) to take steps to en24 sure the calling party is accurately identified. 


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1 (5) NO ADDITIONAL COST TO CONSUMERS OR

2 SMALL BUSINESS CUSTOMERS.—The regulations re3 quired by subsection (a) shall prohibit providers of 

4 voice service from making any additional line item 

5 charges to consumer or small business customer sub6 scribers for the effective call authentication tech7 nology required under paragraph (1). 

8 (6) EVALUATION.—Not later than 2 years after 

9 the date of enactment of this Act, and consistent 

10 with the regulations prescribed under subsection (a), 

11 the Commission shall initiate an evaluation of the 

12 success of the effective call authentication technology 

13 required under paragraph (1). 

14 (7) UNAUTHENTICATED CALLS.—The Commis15 sion shall— 

16 (A) in the regulations required by sub17 section (a), consistent with the regulations pre18 scribed under subsection (k) of section 227 of 

19 the Communications Act of 1934 (47 U.S.C. 

20 227), as added by section 8, help protect sub21 scribers from receiving unwanted calls from a 

22 caller using an unauthenticated number, 

23 through effective means of enabling the sub24 scriber or provider to block such calls, with no 


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1 additional line item charge to the subscriber; 

2 and 

3 (B) take appropriate steps to ensure that 

4 calls originating from a provider of service in 

5 an area where the provider is exempt from the 

6 6-month time period described in paragraph 

7 (1)(A) are not wrongly blocked because the calls 

8 are not able to be authenticated. 

9 (c) REPORT.—Not later than 6 months after the date 

10 on which the regulations under subsection (a) are pre11 scribed, the Commission shall submit to the Committee 

12 on Energy and Commerce of the House of Representatives 

13 and the Committee on Commerce, Science, and Transpor14 tation of the Senate, and make publicly available on its 

15 website, a report on the implementation of subsection (b), 

16 which shall include— 

17 (1) an analysis of the extent to which providers 

18 of a voice service have implemented the effective call 

19 authentication technology, including whether the 

20 availability of necessary equipment and equipment 

21 upgrades has impacted such implementation; and 

22 (2) an assessment of the effective call authen23 tication technology, as being implemented under 

24 subsection (b), in addressing all aspects of call au25 thentication. 


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1 (d) VOICE SERVICE DEFINED.—In this section, the 

2 term ‘‘voice service’’— 

3 (1) means any service that is interconnected 

4 with the public switched telephone network and that 

5 furnishes voice communications to an end user using 

6 resources from the North American Numbering Plan 

7 or any successor to the North American Numbering 

8 Plan adopted by the Commission under section 

9 251(e)(1) of the Communications Act of 1934 (47 

10 U.S.C. 251(e)(1)); and 

11 (2) includes— 

12 (A) transmissions from a telephone fac13 simile machine, computer, or other device to a 

14 telephone facsimile machine; and 

15 (B) without limitation, any service that en16 ables real-time, two-way voice communications, 

17 including any service that requires internet pro18 tocol-compatible customer premises equipment 

19 (commonly known as ‘‘CPE’’) and permits out20 bound calling, whether or not the service is one21 way or two-way voice over internet protocol. 

22 SEC. 8. STOP ROBOCALLS. 

23 (a) INFORMATION SHARING REGARDING ROBOCALL

24 AND SPOOFING VIOLATIONS.—Section 227 of the Commu25 nications Act of 1934 (47 U.S.C. 227), as amended by 


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1 section 6, is further amended by adding at the end the 

2 following: 

3 ‘‘(j) INFORMATION SHARING.— 

4 ‘‘(1) IN GENERAL.—Not later than 18 months 

5 after the date of the enactment of this subsection, 

6 the Commission shall prescribe regulations to estab7 lish a process that streamlines the ways in which a 

8 private entity may voluntarily share with the Com9 mission information relating to— 

10 ‘‘(A) a call made or a text message sent in 

11 violation of subsection (b); or 

12 ‘‘(B) a call or text message for which mis13 leading or inaccurate caller identification infor14 mation was caused to be transmitted in viola15 tion of subsection (e). 

16 ‘‘(2) TEXT MESSAGE DEFINED.—In this sub17 section, the term ‘text message’ has the meaning 

18 given such term in subsection (e)(8).’’. 

19 (b) ROBOCALL BLOCKING SERVICE WITH OPT-OUT

20 CUSTOMER APPROVAL.—Section 227 of the Communica21 tions Act of 1934 (47 U.S.C. 227), as amended by section 

22 6 and subsection (a) of this section, is further amended 

23 by adding at the end the following: 

24 ‘‘(k) ROBOCALL BLOCKING SERVICE WITH OPT-OUT

25 CUSTOMER APPROVAL.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this subsection, the 

3 Commission shall take a final agency action to en4 sure the robocall blocking services provided on an 

5 opt-out basis pursuant to the Declaratory Ruling of 

6 the Commission in the matter of Advanced Methods 

7 to Target and Eliminate Unlawful Robocalls (CG 

8 Docket No. 17–59; FCC 19–51; adopted on June 6, 

9 2019)— 

10 ‘‘(A) are provided with transparency and 

11 effective redress options for both— 

12 ‘‘(i) consumers; and 

13 ‘‘(ii) callers; and 

14 ‘‘(B) are provided with no additional line 

15 item charge to consumers. 

16 ‘‘(2) TEXT MESSAGE DEFINED.—In this sub17 section, the term ‘text message’ has the meaning 

18 given such term in subsection (e)(8).’’. 

19 (c) STUDY ON INFORMATION REQUIREMENTS FOR

20 CERTAIN VOIP SERVICE PROVIDERS.— 

21 (1) IN GENERAL.—The Commission shall con22 duct a study regarding whether to require a provider 

23 of covered VoIP service to— 


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1 (A) provide to the Commission contact in2 formation for such provider and keep such in3 formation current; and 

4 (B) retain records relating to each call 

5 transmitted over the covered VoIP service of 

6 such provider that are sufficient to trace such 

7 call back to the source of such call. 

8 (2) REPORT TO CONGRESS.—Not later than 18 

9 months after the date of the enactment of this Act, 

10 the Commission shall submit to Congress a report 

11 on the results of the study conducted under para12 graph (1). 

13 (3) COVERED VOIP SERVICE DEFINED.—In this 

14 subsection, the term ‘‘covered VoIP service’’ means 

15 a service that— 

16 (A) is an interconnected VoIP service (as 

17 defined in section 3 of the Communications Act 

18 of 1934 (47 U.S.C. 153)); or 

19 (B) would be an interconnected VoIP serv20 ice (as so defined) except that the service per21 mits users to terminate calls to the public 

22 switched telephone network but does not permit 

23 users to receive calls that originate on the pub24 lic switched telephone network. 


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1 (d) TRANSITIONAL RULE REGARDING DEFINITION

2 OF TEXT MESSAGE.—Paragraph (2) of subsection (j) of 

3 section 227 of the Communications Act of 1934 (47 

4 U.S.C. 227), as added by subsection (a) of this section, 

5 and paragraph (2) of subsection (k) of such section 227, 

6 as added by subsection (b) of this section, shall apply be7 fore the effective date of the amendment made to sub8 section (e)(8) of such section 227 by subparagraph (C) 

9 of section 503(a)(2) of division P of the Consolidated Ap10 propriations Act, 2018 (Public Law 115–141) as if such 

11 amendment was already in effect. 

12 SEC. 9. COMMISSION DEFINED. 

13 In this Act, the term ‘‘Commission’’ means the Fed14 eral Communications Commission. 

Æ 


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