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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3375 Introduced in House (IH)]

<DOC>

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.

    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 ``Stopping Bad Robocalls Act''.

SEC. 2. CONSUMER PROTECTION REGULATIONS RELATING TO MAKING ROBOCALLS.

    Not later than 6 months after the date of the enactment of this 
Act, and as appropriate thereafter to ensure that the consumer 
protection and privacy purposes of section 227 of the Communications 
Act of 1934 (47 U.S.C. 227) remain effective, the Commission shall 
prescribe such regulations, or amend such existing regulations, as 
necessary to clarify such descriptions of automatic telephone dialing 
systems and calls made using an artificial or prerecorded voice as 
will, in the judgment of the Commission, ensure that--
            (1) the consumer protection and privacy purposes of such 
        section are effectuated;
            (2) calls made and text messages sent using automatic 
        telephone dialing systems and calls made using an artificial or 
        prerecorded voice are made or sent (as the case may be) with 
        consent, unless exempted by paragraph (1), (2)(B), or (2)(C) of 
        subsection (b) of such section;
            (3) consumers can withdraw consent for such calls and text 
        messages;
            (4) circumvention or evasion of such section is prevented;
            (5) callers maintain records to demonstrate that such 
        callers have obtained consent, unless exempted by paragraph 
        (1), (2)(B), or (2)(C) of subsection (b) of such section, for 
        such calls and text messages, for a period of time that will 
        permit the Commission to effectuate the consumer protection and 
        privacy purposes of such section; and
            (6) compliance with such section is facilitated.

SEC. 3. CONSUMER PROTECTIONS FOR EXEMPTIONS.

    (a) In General.--Section 227(b)(2) of the Communications Act of 
1934 (47 U.S.C. 227(b)(2)) is amended--
            (1) in subparagraph (G)(ii), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (H), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(I) shall ensure that any exemption under 
                subparagraph (B) or (C) contains requirements for calls 
                made in reliance on the exemption with respect to--
                            ``(i) the classes of parties that may make 
                        such calls;
                            ``(ii) the classes of parties that may be 
                        called; and
                            ``(iii) the number of such calls that a 
                        calling party may make to a particular called 
                        party.''.
    (b) Deadline for Regulations.--In the case of any exemption issued 
under subparagraph (B) or (C) of section 227(b)(2) of the 
Communications Act of 1934 (47 U.S.C. 227(b)(2)) before the date of the 
enactment of this Act, the Commission, shall, not later than 1 year 
after such date of enactment, prescribe such regulations, or amend such 
existing regulations, as necessary to ensure that such exemption 
contains each requirement described in subparagraph (I) of such 
section, as added by subsection (a). To the extent such an exemption 
contains such a requirement before such date of enactment, nothing in 
this section or the amendments made by this section shall be construed 
to require the Commission to prescribe or amend regulations relating to 
such requirement.

SEC. 4. REPORT ON REASSIGNED NUMBER DATABASE.

    (a) Report to Congress.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall submit to 
        Congress, and make publicly available on the website of the 
        Commission, a report on the status of the efforts of the 
        Commission pursuant to the Second Report and Order in the 
        matter of Advanced Methods to Target and Eliminate Unlawful 
        Robocalls (CG Docket No. 17-59; FCC 18-177; adopted on December 
        12, 2018).
            (2) Contents.--The report required by paragraph (1) shall 
        describe the efforts of the Commission, as described in such 
        Second Report and Order, to ensure--
                    (A) the establishment of a database of telephone 
                numbers that have been disconnected, in order to 
                provide a person making calls subject to section 227(b) 
                of the Communications Act of 1934 (47 U.S.C. 227(b)) 
                with comprehensive and timely information to enable 
                such person to avoid making calls without the prior 
                express consent of the called party because the number 
                called has been reassigned;
                    (B) that a person who wishes to use any safe harbor 
                provided pursuant to such Second Report and Order with 
                respect to making calls must demonstrate that, before 
                making the call, the person appropriately checked the 
                most recent update of the database and the database 
                reported that the number had not been disconnected; and
                    (C) that if the person makes the demonstration 
                described in subparagraph (B), the person will be 
                shielded from liability under section 227(b) of the 
                Communications Act of 1934 (47 U.S.C. 227(b)) should 
                the database return an inaccurate result.
    (b) Clarification of Definition of Called Party.--
            (1) In general.--Section 227(a) of the Communications Act 
        of 1934 (47 U.S.C. 227(a)) is amended by adding at the end the 
        following:
            ``(6) The term `called party' means, with respect to a 
        call, the current subscriber or customary user of the telephone 
        number to which the call is made, determined at the time when 
        the call is made.''.
            (2) Conforming amendments.--Section 227(d)(3)(B) of the 
        Communications Act of 1934 (47 U.S.C. 227(d)(3)(B)) is 
        amended--
                    (A) by striking ``called party's line'' each place 
                it appears and inserting ``telephone line called''; and
                    (B) by striking ``called party has hung up'' and 
                inserting ``answering party has hung up''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply beginning on the date on which the Commission 
        establishes the database described in the Second Report and 
        Order in the matter of Advanced Methods to Target and Eliminate 
        Unlawful Robocalls (CG Docket No. 17-59; FCC 18-177; adopted on 
        December 12, 2018).

SEC. 5. ENFORCEMENT.

    (a) No Citation Required To Seek Forfeiture Penalty.--
            (1) For robocall violations.--Section 227(b) of the 
        Communications Act of 1934 (47 U.S.C. 227(b)) is amended by 
        adding at the end the following:
            ``(4) No citation required to seek forfeiture penalty.--
        Paragraph (5) of section 503(b) shall not apply in the case of 
        a violation made with the intent to cause such violation of 
        this subsection.''.
            (2) For caller identification information violations.--
        Section 227(e)(5)(A)(iii) of the Communications Act of 1934 (47 
        U.S.C. 227(e)(5)(A)(iii)) is amended by adding at the end the 
        following: ``Paragraph (5) of section 503(b) shall not apply in 
        the case of a violation of this subsection.''.
    (b) 4-Year Statute of Limitations.--
            (1) For robocall violations.--Section 227(b) of the 
        Communications Act of 1934 (47 U.S.C. 227(b)), as amended by 
        subsection (a), is further amended by adding at the end the 
        following:
            ``(5) 4-year statute of limitations.--Notwithstanding 
        paragraph (6) of section 503(b), no forfeiture penalty for 
        violation of this subsection shall be determined or imposed 
        against any person if the violation charged occurred more 
        than--
                    ``(A) 3 years prior to the date of issuance of the 
                notice required by paragraph (3) of such section or the 
                notice of apparent liability required by paragraph (4) 
                of such section (as the case may be); or
                    ``(B) if the violation was made with the intent to 
                cause such violation, 4 years prior to the date of 
                issuance of the notice required by paragraph (3) of 
                such section or the notice of apparent liability 
                required by paragraph (4) of such section (as the case 
                may be).''.
            (2) For caller identification information violations.--
        Section 227(e)(5)(A)(iv) of the Communications Act of 1934 (47 
        U.S.C. 227(e)(5)(A)(iv)) is amended--
                    (A) in the heading, by striking ``2-year'' and 
                inserting ``4-year''; and
                    (B) by striking ``2 years'' and inserting ``4 
                years''.

SEC. 6. ANNUAL REPORT TO CONGRESS.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is 
amended by adding at the end the following:
    ``(i) Annual Report to Congress on Robocalls and Transmission of 
Misleading or Inaccurate Caller Identification Information.--
            ``(1) Report required.--Not later than 1 year after the 
        date of the enactment of this subsection, and annually 
        thereafter, the Commission, after consultation with the Federal 
        Trade Commission, shall submit to Congress a report regarding 
        enforcement by the Commission of subsections (b), (c), (d), and 
        (e) during the preceding calendar year.
            ``(2) Matters for inclusion.--Each report required by 
        paragraph (1) shall include the following:
                    ``(A) The number of complaints received by the 
                Commission during each of the preceding five calendar 
                years, for each of the following categories:
                            ``(i) Complaints alleging that a consumer 
                        received a call in violation of subsection (b) 
                        or (c).
                            ``(ii) Complaints alleging that a consumer 
                        received a call in violation of the standards 
                        prescribed under subsection (d).
                            ``(iii) Complaints alleging that a consumer 
                        received a call in connection with which 
                        misleading or inaccurate caller identification 
                        information was transmitted in violation of 
                        subsection (e).
                    ``(B) The number of citations issued by the 
                Commission pursuant to section 503(b) during the 
                preceding calendar year to enforce subsection (d), and 
                details of each such citation.
                    ``(C) The number of notices of apparent liability 
                issued by the Commission pursuant to section 503(b) 
                during the preceding calendar year to enforce 
                subsections (b), (c), (d), and (e), and details of each 
                such notice including any proposed forfeiture amount.
                    ``(D) The number of final orders imposing 
                forfeiture penalties issued pursuant to section 503(b) 
                during the preceding calendar year to enforce such 
                subsections, and details of each such order including 
                the forfeiture imposed.
                    ``(E) The amount of forfeiture penalties or 
                criminal fines collected, during the preceding calendar 
                year, by the Commission or the Attorney General for 
                violations of such subsections, and details of each 
                case in which such a forfeiture penalty or criminal 
                fine was collected.
                    ``(F) Proposals for reducing the number of calls 
                made in violation of such subsections.
                    ``(G) An analysis of the contribution by providers 
                of interconnected VoIP service and non-interconnected 
                VoIP service that discount high-volume, unlawful, 
                short-duration calls to the total number of calls made 
                in violation of such subsections, and recommendations 
                on how to address such contribution in order to 
                decrease the total number of calls made in violation of 
                such subsections.
            ``(3) No additional reporting required.--The Commission 
        shall prepare the report required by paragraph (1) without 
        requiring the provision of additional information from 
        providers of telecommunications service or voice service (as 
        defined in section 7(d) of the Stopping Bad Robocalls Act).''.

SEC. 7. REGULATIONS RELATING TO EFFECTIVE CALL AUTHENTICATION 
              TECHNOLOGY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall prescribe regulations in WC Docket 
No. 17-97.
    (b) Requirements for Effective Call Authentication Technology.--
            (1) In general.--The regulations required by subsection (a) 
        shall--
                    (A) require providers of voice service to 
                implement, within six months after the date on which 
                such regulations are prescribed, an effective call 
                authentication technology; and
                    (B) ensure that voice service providers that have 
                implemented the effective authentication technology 
                attest that such provider has determined, when 
                originating calls on behalf of a calling party, that 
                the calling party number transmitted with such calls 
                has been appropriately authenticated.
            (2) Reassessment of regulations.--The Commission shall 
        reassess such regulations, at least once every two years, to 
        ensure the regulations remain effective and up to date with 
        technological capabilities.
            (3) Exemption.--
                    (A) Burdens and barriers to implementation.--The 
                Commission--
                            (i) shall include findings on any burdens 
                        or barriers to the implementation required in 
                        paragraph (1), including--
                                    (I) for providers of voice service 
                                to the extent the networks of such 
                                providers use time-division 
                                multiplexing; and
                                    (II) for small providers of voice 
                                service and those in rural areas; and
                            (ii) in connection with such findings, may 
                        exempt from the 6-month time period described 
                        in paragraph (1)(A), for a reasonable period of 
                        time a class of providers of voice service, or 
                        type of voice calls, as necessary for that 
                        class of providers or type of calls to 
                        participate in the implementation in order to 
                        address the identified burdens and barriers.
                    (B) Full participation.--The Commission shall take 
                all steps necessary to address any issues in the 
                findings and enable as promptly as possible full 
                participation of all classes of providers of voice 
                service and types of voice calls to receive the highest 
                level of attestation.
                    (C) Alternative methodologies.--The Commission 
                shall identify or develop, in consultation with small 
                providers of service and those in rural areas, 
                alternative effective methodologies to protect 
                customers from unauthenticated calls during any 
                exemption given under subparagraph (A)(ii). Such 
                methodologies shall be provided with no additional line 
                item charge to customers.
                    (D) Revision of exemption.--Not less frequently 
                than annually after the first exemption is issued under 
                this paragraph, the Commission shall consider revising 
                or extending any exemption made, may revise such 
                exemption, and shall issue a public notice with regard 
                to whether such exemption remains necessary.
            (4) Accurate identification.--The regulations required by 
        subsection (a) shall include guidelines that providers of voice 
        service may use as part of the implementation of effective call 
        authentication technology under paragraph (1) to take steps to 
        ensure the calling party is accurately identified.
            (5) No additional cost to consumers or small business 
        customers.--The regulations required by subsection (a) shall 
        prohibit providers of voice service from making any additional 
        line item charges to consumer or small business customer 
        subscribers for the effective call authentication technology 
        required under paragraph (1).
            (6) Evaluation.--Not later than 2 years after the date of 
        enactment of this Act, and consistent with the regulations 
        prescribed under subsection (a), the Commission shall initiate 
        an evaluation of the success of the effective call 
        authentication technology required under paragraph (1).
            (7) Unauthenticated calls.--The Commission shall--
                    (A) in the regulations required by subsection (a), 
                consistent with the regulations prescribed under 
                subsection (k) of section 227 of the Communications Act 
                of 1934 (47 U.S.C. 227), as added by section 8, help 
                protect subscribers from receiving unwanted calls from 
                a caller using an unauthenticated number, through 
                effective means of enabling the subscriber or provider 
                to block such calls, with no additional line item 
                charge to the subscriber; and
                    (B) take appropriate steps to ensure that calls 
                originating from a provider of service in an area where 
                the provider is exempt from the 6-month time period 
                described in paragraph (1)(A) are not wrongly blocked 
                because the calls are not able to be authenticated.
    (c) Report.--Not later than 6 months after the date on which the 
regulations under subsection (a) are prescribed, the Commission shall 
submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and make publicly available on its 
website, a report on the implementation of subsection (b), which shall 
include--
            (1) an analysis of the extent to which providers of a voice 
        service have implemented the effective call authentication 
        technology, including whether the availability of necessary 
        equipment and equipment upgrades has impacted such 
        implementation; and
            (2) an assessment of the effective call authentication 
        technology, as being implemented under subsection (b), in 
        addressing all aspects of call authentication.
    (d) Voice Service Defined.--In this section, the term ``voice 
service''--
            (1) means any service that is interconnected with the 
        public switched telephone network and that furnishes voice 
        communications to an end user using resources from the North 
        American Numbering Plan or any successor to the North American 
        Numbering Plan adopted by the Commission under section 
        251(e)(1) of the Communications Act of 1934 (47 U.S.C. 
        251(e)(1)); and
            (2) includes--
                    (A) transmissions from a telephone facsimile 
                machine, computer, or other device to a telephone 
                facsimile machine; and
                    (B) without limitation, any service that enables 
                real-time, two-way voice communications, including any 
                service that requires internet protocol-compatible 
                customer premises equipment (commonly known as ``CPE'') 
                and permits out-bound calling, whether or not the 
                service is one-way or two-way voice over internet 
                protocol.

SEC. 8. STOP ROBOCALLS.

    (a) Information Sharing Regarding Robocall and Spoofing 
Violations.--Section 227 of the Communications Act of 1934 (47 U.S.C. 
227), as amended by section 6, is further amended by adding at the end 
the following:
    ``(j) Information Sharing.--
            ``(1) In general.--Not later than 18 months after the date 
        of the enactment of this subsection, the Commission shall 
        prescribe regulations to establish a process that streamlines 
        the ways in which a private entity may voluntarily share with 
        the Commission information relating to--
                    ``(A) a call made or a text message sent in 
                violation of subsection (b); or
                    ``(B) a call or text message for which misleading 
                or inaccurate caller identification information was 
                caused to be transmitted in violation of subsection 
                (e).
            ``(2) Text message defined.--In this subsection, the term 
        `text message' has the meaning given such term in subsection 
        (e)(8).''.
    (b) Robocall Blocking Service With Opt-Out Customer Approval.--
Section 227 of the Communications Act of 1934 (47 U.S.C. 227), as 
amended by section 6 and subsection (a) of this section, is further 
amended by adding at the end the following:
    ``(k) Robocall Blocking Service With Opt-Out Customer Approval.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this subsection, the Commission shall take a 
        final agency action to ensure the robocall blocking services 
        provided on an opt-out basis pursuant to the Declaratory Ruling 
        of the Commission in the matter of Advanced Methods to Target 
        and Eliminate Unlawful Robocalls (CG Docket No. 17-59; FCC 19-
        51; adopted on June 6, 2019)--
                    ``(A) are provided with transparency and effective 
                redress options for both--
                            ``(i) consumers; and
                            ``(ii) callers; and
                    ``(B) are provided with no additional line item 
                charge to consumers.
            ``(2) Text message defined.--In this subsection, the term 
        `text message' has the meaning given such term in subsection 
        (e)(8).''.
    (c) Study on Information Requirements for Certain VoIP Service 
Providers.--
            (1) In general.--The Commission shall conduct a study 
        regarding whether to require a provider of covered VoIP service 
        to--
                    (A) provide to the Commission contact information 
                for such provider and keep such information current; 
                and
                    (B) retain records relating to each call 
                transmitted over the covered VoIP service of such 
                provider that are sufficient to trace such call back to 
                the source of such call.
            (2) Report to congress.--Not later than 18 months after the 
        date of the enactment of this Act, the Commission shall submit 
        to Congress a report on the results of the study conducted 
        under paragraph (1).
            (3) Covered voip service defined.--In this subsection, the 
        term ``covered VoIP service'' means a service that--
                    (A) is an interconnected VoIP service (as defined 
                in section 3 of the Communications Act of 1934 (47 
                U.S.C. 153)); or
                    (B) would be an interconnected VoIP service (as so 
                defined) except that the service permits users to 
                terminate calls to the public switched telephone 
                network but does not permit users to receive calls that 
                originate on the public switched telephone network.
    (d) Transitional Rule Regarding Definition of Text Message.--
Paragraph (2) of subsection (j) of section 227 of the Communications 
Act of 1934 (47 U.S.C. 227), as added by subsection (a) of this 
section, and paragraph (2) of subsection (k) of such section 227, as 
added by subsection (b) of this section, shall apply before the 
effective date of the amendment made to subsection (e)(8) of such 
section 227 by subparagraph (C) of section 503(a)(2) of division P of 
the Consolidated Appropriations Act, 2018 (Public Law 115-141) as if 
such amendment was already in effect.

SEC. 9. COMMISSION DEFINED.

    In this Act, the term ``Commission'' means the Federal 
Communications Commission.
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