II 

113TH CONGRESS 

2D SESSION S. 3010 

To improve the enforcement of prohibitions on robocalls, including fraudulent 

robocalls. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12, 2014 

Mrs. MCCASKILL 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. 

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 ‘‘Robocall Enforcement 

5 Improvements Act of 2014’’. 

6 SEC. 2. ENFORCEMENT AUTHORITY RELATING TO NON-LI7 CENSEE ROBOCALLERS. 

8 (a) AUTHORITY TO IMPOSE FORFEITURES WITHOUT

9 FIRST ISSUING CITATIONS.—Section 503(b)(5) of the 


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1 Communications Act of 1934 (47 U.S.C. 503(b)(5)) is 

2 amended in the second sentence— 

3 (1) by striking ‘‘or in the case of’’ and inserting 

4 ‘‘in the case of’’; and 

5 (2) by inserting before the period at the end the 

6 following: ‘‘, or if the person involved is engaging in 

7 violations of section 227(b)(1) of this title’’. 

8 (b) EXPANSION OF STATUTE OF LIMITATIONS.—Sec9 tion 503(b)(6)(B) of the Communications Act of 1934 (47 

10 U.S.C. 503(b)(6)(B)) is amended— 

11 (1) by striking ‘‘occurred more than 1 year’’ 

12 and inserting the following: ‘‘occurred— 

13 ‘‘(i) except as provided in clause (ii), 

14 more than 1 year’’; 

15 (2) by striking ‘‘liability.’’ and inserting ‘‘liabil16 ity; or’’; and 

17 (3) by inserting after clause (i), as designated, 

18 the following: 

19 ‘‘(ii) in the case of a violation of sec20 tion 227(b)(1) of this title, more than 3 

21 years prior to the date of issuance of the 

22 required notice of apparent liability.’’. 

23 (c) INCREASE IN MAXIMUM FORFEITURE.—Section 

24 503(b)(2) of the Communications Act of 1934 (47 U.S.C. 

25 503(b)(2)) is amended— 


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1 (1) in subparagraph (D), by striking ‘‘or (C)’’ 

2 and inserting ‘‘(C), (F), or (G)’’; and 

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

4 ‘‘(G) If the violator does not hold, and is not an appli5 cant for, a license, permit, certificate, or other authoriza6 tion issued by the Commission— 

7 ‘‘(i) the amount of any forfeiture penalty deter8 mined under this subsection for a violation of section 

9 227(b)(1) of this title shall not exceed $25,000 for 

10 each violation or each day of a continuing violation; 

11 and 

12 ‘‘(ii) there shall be no limit on the total amount 

13 assessed for any continuing violation of section 

14 227(b)(1) of this title.’’. 

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

16 2009. 

17 (a) COMMUNICATIONS FROM OUTSIDE UNITED

18 STATES.—Section 227(e)(1) of the Communications Act 

19 of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting 

20 ‘‘or any person outside the United States if the recipient 

21 is within the United States,’’ after ‘‘United States,’’. 

22 (b) CLARIFICATION OF DEFINITION OF ‘‘IP-EN23 ABLED VOICE SERVICE’’.—Section 227(e)(8)(C) of the 

24 Communications Act of 1934 (47 U.S.C. 227(e)(8)(C)) is 

25 amended by striking ‘‘has the meaning’’ and all that folVerDate Sep 11 2014 00:29 Dec 17, 2014 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3010.IS S3010

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1 lows and inserting the following: ‘‘means the provision of 

2 real-time voice communications offered to the public, or 

3 such class of users as to be effectively available to the pub4 lic, transmitted using Internet protocol, or a successor 

5 protocol, (whether part of a bundle of services or sepa6 rately) with interconnection capability such that the serv7 ice can originate traffic to, or terminate traffic from, the 

8 public switched telephone network, or a successor net9 work.’’. 

10 (c) SPOOFING SERVICE.— 

11 (1) IN GENERAL.—Section 227(e) of the Com12 munications Act of 1934 (47 U.S.C. 227(e)) is 

13 amended— 

14 (A) by striking paragraph (4); 

15 (B) by redesignating paragraph (3) as 

16 paragraph (4); 

17 (C) by inserting after paragraph (2) the 

18 following: 

19 ‘‘(3) SPOOFING SERVICES.— 

20 ‘‘(A) IN GENERAL.—A provider of a spoof21 ing service shall take such steps as the Commis22 sion may prescribe to verify that a person does 

23 not use the service in violation of this sub24 section. 


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1 ‘‘(B) RECORDKEEPING AND REPORTING.— 

2 The Commission shall impose reasonable rec3 ordkeeping and reporting obligations on a pro4 vider of a spoofing service, and shall adopt any 

5 other regulation that the Commission deter6 mines necessary, to prevent or investigate viola7 tions of this subsection. 

8 ‘‘(C) SUBPOENA AUTHORITY.—Notwith9 standing chapter 121 of title 18, United States 

10 Code, for purposes of enforcing this subsection, 

11 the Commission may by subpoena require a 

12 provider of a spoofing service to disclose to the 

13 Commission the caller identification information 

14 transmitted by a subscriber to or customer of 

15 the spoofing service.’’; and 

16 (D) in paragraph (8), by adding at the end 

17 the following: 

18 ‘‘(D) SPOOFING SERVICE.—The term 

19 ‘spoofing service’ means a service that sub20 stitutes, or permits a user to substitute, an21 other name or any number (including a tele22 phone number, pseudo-number, or other num23 ber) for display as the caller identification in24 formation for a call or text message.’’. 


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1 (2) CONFORMING AMENDMENT.—Section 

2 227(e)(1) of the Communications Act of 1934 (47 

3 U.S.C. 227(e)(1)), as amended by subsection (a), is 

4 amended by striking ‘‘paragraph (3)(B)’’ and insert5 ing ‘‘paragraph (4)(B)’’. 

6 (d) TEXT MESSAGING SERVICE.—Section 227(e)(8) 

7 of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) 

8 is amended— 

9 (1) in subparagraph (A), by inserting ‘‘(includ10 ing a text message sent using a text messaging serv11 ice)’’ before the period at the end; 

12 (2) in the first sentence of subparagraph (B), 

13 by inserting ‘‘(including a text message sent using a 

14 text messaging service)’’ before the period at the 

15 end; and 

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

17 ‘‘(D) TEXT MESSAGE.—The term ‘text 

18 message’— 

19 ‘‘(i) means a real-time or near real20 time message consisting of text, images, 

21 sounds, or other information that is trans22 mitted from or received by a device that is 

23 identified as the transmitting or receiving 

24 device by means of a telephone number; 


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1 ‘‘(ii) includes a short message service 

2 (commonly referred to as ‘SMS’) message, 

3 an enhanced message service (commonly 

4 referred to as ‘EMS’) message, and a 

5 multimedia message service (commonly re6 ferred to as ‘MMS’) message; and 

7 ‘‘(iii) does not include a real-time, 2- 

8 way voice or video communication. 

9 ‘‘(E) TEXT MESSAGING SERVICE.—The 

10 term ‘text messaging service’ means a service 

11 that permits the transmission or receipt of a 

12 text message, including a service provided as 

13 part of or in connection with a telecommuni14 cations service or an IP-enabled voice service.’’. 

15 (e) SAVINGS CLAUSE.—Section 227(e) of the Com16 munications Act of 1934 (47 U.S.C. 227(e)) is amended 

17 by adding at the end the following: 

18 ‘‘(10) SAVINGS CLAUSE.—Nothing in this sub19 section shall be construed to— 

20 ‘‘(A) modify or limit the authority of the 

21 Commission under the Telephone Consumer 

22 Protection Act of 1991 (Public Law 102–243; 

23 105 Stat. 2394), the amendments made by that 

24 Act, or the CAN–SPAM Act of 2003 (15 

25 U.S.C. 7701 et seq.), as of the day before the 


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1 date of enactment of the Robocall Enforcement 

2 Improvements Act of 2014, to interpret the 

3 term ‘call’ to include a text message; or 

4 ‘‘(B) modify, limit, or otherwise affect any 

5 rule or order adopted by the Commission in 

6 connection with the Telephone Consumer Pro7 tection Act of 1991, the amendments made by 

8 that Act, or the CAN–SPAM Act of 2003.’’. 

9 (f) REGULATIONS.— 

10 (1) IN GENERAL.—Section 227(e)(3)(A) of the 

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

12 227(e)(3)(A)) is amended by striking ‘‘Not later 

13 than 6 months after the date of enactment of the 

14 Truth in Caller ID Act of 2009, the Commission’’ 

15 and inserting ‘‘The Commission’’. 

16 (2) DEADLINE.—Not later than 18 months 

17 after the date of enactment of this Act, the Federal 

18 Communications Commission shall prescribe regula19 tions to implement the amendments made by this 

20 section. 

21 (g) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on the date that is 6 months 

23 after the date on which the Federal Communications Com24 mission prescribes regulations to implement the amend25 ments made by this section. 


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1 SEC. 4. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) telecommunications carriers have the legal 

4 authority to offer consumers services that block or 

5 filter robocalls; and 

6 (2) the Federal Government, including the Fed7 eral Communications Commission and the Federal 

8 Trade Commission, should encourage telecommuni9 cations carriers to develop and implement the serv10 ices described in paragraph (1). 

Æ 


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