I 
115TH CONGRESS 
2D SESSION 
H. R. 6026 
To amend the Communications Act of 1934 to clarify the prohibitions on 
making robocalls, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 7, 2018 
Mr. PALLONE 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 Representa-
tives 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. PROHIBITIONS ON MAKING ROBOCALLS. 
(a) IN GENERAL.—Section 227 of the Communica-
tions Act of 1934 (47 U.S.C. 227) is amended— 
(1) in subsection (a), by amending paragraph 
(1) to read as follows: 
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‘‘(1) The term ‘robocall’ means a call made (in-
cluding a text message sent)— 
‘‘(A) using equipment that makes a series 
of calls to stored telephone numbers, including 
numbers stored on a list, or to telephone num-
bers produced using a random or sequential 
number generator, except for a call made using 
only equipment that the caller demonstrates re-
quires substantial additional human interven-
tion to dial or place a call after a human initi-
ates the series of calls; or 
‘‘(B) using an artificial or prerecorded 
voice.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘any call’’ and in-
serting ‘‘any robocall’’; and 
(II) by striking ‘‘using any auto-
matic telephone dialing system or an 
artificial or prerecorded voice’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘telephone call’’ 
and inserting ‘‘robocall’’; and 
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(II) by striking ‘‘using an artifi-
cial or prerecorded voice to deliver a 
message’’; and 
(iii) in subparagraph (D), by striking 
‘‘use an automatic telephone dialing sys-
tem’’ and inserting ‘‘make robocalls’’; and 
(B) in paragraph (2)(A), by striking ‘‘calls 
made using an artificial or prerecorded voice’’ 
and inserting ‘‘robocalls’’; 
(3) in subsection (d)— 
(A) in paragraph (1)(A)— 
(i) by striking ‘‘telephone call using 
any automatic telephone dialing system’’ 
and inserting ‘‘robocall described in sub-
section (a)(1)(A) using any equipment’’; 
and 
(ii) by striking ‘‘or automatic tele-
phone dialing system’’ and inserting ‘‘or to 
make any robocall described in subsection 
(a)(1)(A)’’; and 
(B) in paragraph (3)— 
(i) in the heading, by inserting 
‘‘ROBOCALL’’ after ‘‘VOICE’’; 
(ii) in the first sentence, by striking 
‘‘artificial or prerecorded voice message via 
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telephone’’ and inserting ‘‘robocall de-
scribed in subsection (a)(1)(B)’’; and 
(iii) in subparagraph (A), by striking 
‘‘all artificial or prerecorded telephone 
messages’’ and inserting ‘‘the artificial or 
prerecorded voice message contained in 
any robocall described in such subsection’’; 
and 
(4) in subsection (f)(1)— 
(A) by striking subparagraphs (B) and (C) 
and inserting the following: 
‘‘(B) the making of robocalls; or’’; and 
(B) by redesignating subparagraph (D) as 
subparagraph (C). 
(b) MANNER OF REVOKING PRIOR EXPRESS CON-
SENT.—Section 227(b) of the Communications Act of 
1934 (47 U.S.C. 227(b)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (7); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) MANNER
OF
REVOKING
PRIOR
EXPRESS 
CONSENT.—For purposes of this subsection, prior 
express consent may be revoked at any time and in 
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any reasonable manner, regardless of the context in 
which consent was provided.’’. 
(c) DEADLINE FOR REGULATIONS.—Not later than 
1 year after the date of the enactment of this Act, the 
Federal Communications Commission shall prescribe such 
regulations, or amend such existing regulations, as nec-
essary to implement the amendments made by this section. 
(d) REPORT TO CONGRESS ON TEXT MESSAGES.— 
Not later than 60 days after the date of the enactment 
of this Act, after notice and an opportunity for public com-
ment, the Federal Communications Commission shall sub-
mit to Congress a report on how best to limit the number 
of unwanted text messages received by consumers. Such 
report shall contain recommendations by the Commission, 
including recommendations for potential legislation. 
SEC. 3. CONSUMER PROTECTIONS FOR EXEMPTIONS. 
(a) IN GENERAL.—Section 227(b)(2) of the Commu-
nications 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 
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for calls made in reliance on the exemption with 
respect to— 
‘‘(i) the classes or categories of par-
ties that may make such calls; 
‘‘(ii) the classes or categories of par-
ties that may be called; 
‘‘(iii) the purposes for which such 
calls may be made; 
‘‘(iv) the number of such calls that a 
calling party may make to a particular 
called party; and 
‘‘(v) the obligation of the calling 
party— 
‘‘(I) to provide the called party 
with a conspicuous consumer choice 
mechanism that permits the called 
party, at any time, to indicate that 
the called party wishes to stop receiv-
ing such calls from the calling party; 
and 
‘‘(II) to stop making such calls to 
the called party if the called party so 
indicates.’’. 
(b) DEADLINE FOR REGULATIONS.—In the case of 
any exemption issued under subparagraph (B) or (C) of 
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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 Federal Communications 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 meets the re-
quirements of subparagraph (I) of such section, as added 
by subsection (a). 
SEC. 4. REASSIGNED NUMBER DATABASE; SAFE HARBOR. 
(a) IN GENERAL.—Section 227(b) of the Commu-
nications Act of 1934 (47 U.S.C. 227(b)), as amended by 
section 2(b), is further amended by inserting after para-
graph (3) the following: 
‘‘(4) REASSIGNED
NUMBER
DATABASE; SAFE 
HARBOR.— 
‘‘(A) DATABASE
REQUIRED.—The Com-
mission shall establish a nationwide database of 
telephone numbers that have been reassigned in 
order to provide persons making calls subject to 
this subsection with the comprehensive and 
timely information that such persons need to 
avoid making calls without the prior express 
consent of the called party because of the reas-
signment of the number called to a different 
party. The Commission shall ensure that infor-
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mation in the database required by this sub-
paragraph is up-to-date. 
‘‘(B) 
PROVIDER
PARTICIPATION
RE-
QUIRED.—The Commission shall require each 
covered provider to report to the database re-
quired by subparagraph (A) the reassignment 
of any telephone number to or from a sub-
scriber of such provider. 
‘‘(C) SAFE
HARBOR.—Beginning on the 
date of the establishment of the database re-
quired by subparagraph (A), in the case of a 
person who makes a call subject to this sub-
section to a telephone number that has been re-
assigned from a subscriber who had given prior 
express consent to be called by such person, 
such person shall not be found in violation of 
this subsection on the basis of not having the 
prior express consent of the called party to 
make such call, if such person shows that— 
‘‘(i) such person had the prior express 
consent of such subscriber and such con-
sent had not been revoked as of the time 
of such call; 
‘‘(ii) such person queried such data-
base before making such call, the query did 
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‘‘(I) took affirmative steps to cor-
rect the internal records of such per-
son with respect to such number; and 
‘‘(II) reported to such database 
any inaccuracy that such person dis-
covered with respect to such number 
in such database. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to preclude 
the Commission from contracting with a private 
entity to provide the database required by sub-
paragraph (A). 
‘‘(E) COVERED
PROVIDER
DEFINED.—In 
this paragraph, the term ‘covered provider’ 
means a provider of voice service or text mes-
saging service (as such terms are defined in 
subsection (e)(8)).’’. 
(b) CALLED PARTY DEFINED.— 
(1) IN GENERAL.—Section 227(a) of the Com-
munications 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 re-
spect to a call, the current subscriber of the tele-
phone number to which the call is made, determined 
at the time when the call is made.’’. 
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(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’’. 
(c) DEADLINE FOR REGULATIONS AND ESTABLISH-
MENT OF DATABASE.—Not later than 1 year after the 
date of the enactment of this Act, the Federal Commu-
nications Commission shall— 
(1) prescribe regulations to implement the 
amendments made by this section; and 
(2) establish the database required by such 
amendments. 
(d) TRANSITIONAL RULE REGARDING DEFINITION 
OF COVERED PROVIDER.—Subparagraph (E) of para-
graph (4) of subsection (b) of section 227 of the Commu-
nications Act of 1934 (47 U.S.C. 227), as added by sub-
section (a) 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 
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(Public Law 115–141) as if such amendment was already 
in effect. 
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)), as amended by sections 2(b) and 
4(a), is further amended by inserting after para-
graph (4) the following: 
‘‘(5) NO CITATION REQUIRED TO SEEK FOR-
FEITURE
PENALTY.—Paragraph (5) of section 
503(b) shall not apply in the case of a violation of 
this subsection.’’. 
(2) FOR
CALLER
IDENTIFICATION
INFORMA-
TION 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 sub-
section.’’. 
(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 sections 2(b) and 
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4(a) and subsection (a)(1) of this section, is further 
amended by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) 4-YEAR STATUTE OF LIMITATIONS.—Not-
withstanding 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 4 years 
prior to the date of issuance of the notice required 
by paragraph (3) of such section or the notice of ap-
parent liability required by paragraph (4) of such 
section (as the case may be).’’. 
(2) FOR
CALLER
IDENTIFICATION
INFORMA-
TION 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 further amended by adding at the end the 
following: 
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‘‘(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 the Stopping 
Bad Robocalls Act, and annually thereafter, the 
Commission, after consultation with the Federal 
Trade Commission, shall submit to Congress a re-
port regarding enforcement by the Commission of 
subsections (b), (d), and (e) during the preceding 
calendar year. 
‘‘(2) MATTERS FOR INCLUSION.—Each report 
required by paragraph (1) shall include the fol-
lowing: 
‘‘(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 con-
sumer received a robocall in violation of 
subsection (b). 
‘‘(ii) Complaints alleging that a con-
sumer received a robocall in violation of 
the standards prescribed under subsection 
(d). 
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‘‘(iii) Complaints alleging that a con-
sumer received a call in connection with 
which misleading or inaccurate caller iden-
tification 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 sub-
section (d), and details of each such citation. 
‘‘(C) The number of notices of apparent li-
ability issued by the Commission pursuant to 
section 503(b) during the preceding calendar 
year to enforce subsections (b), (d), and (e), 
and details of each such notice including the 
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 total forfeiture im-
posed. 
‘‘(E) The amount of forfeiture penalties or 
criminal fines collected, during the preceding 
calendar year, by the Commission or the Attor-
ney General for violations of such subsections, 
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and details of each case in which such a for-
feiture penalty or criminal fine was collected. 
‘‘(F) Proposals for reducing by half the 
number of calls made in violation of such sub-
sections. 
‘‘(G) An analysis of the contribution by 
providers of interconnected VoIP service and 
non-interconnected VoIP service that discount 
high-volume, short-duration calls to the total 
number of robocalls, and recommendations on 
how to address such contribution in order to de-
crease the total number of robocalls.’’. 
SEC. 7. REGULATIONS RELATING TO CALLER IDENTIFICA-
TION 
INFORMATION 
AUTHENTICATION 
STANDARDS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Commission shall 
prescribe regulations in WC Docket No. 17–97. 
(b) REQUIREMENTS FOR CALLER IDENTIFICATION 
INFORMATION AUTHENTICATION TECHNOLOGY.— 
(1) IN GENERAL.—The regulations required by 
subsection (a) shall require providers of voice service 
to implement, by a date specified by the Commis-
sion, caller identification information authentication 
technology that has the ability to— 
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(A) verify that any caller identification in-
formation transmitted in connection with a call 
(including a call originating outside the United 
States if the recipient is within the United 
States) is— 
(i) accurate; or 
(ii) exempted under the regulations 
promulgated under paragraph (3) of sec-
tion 227(e) of the Communications Act of 
1934 (47 U.S.C. 227(e)) from the prohibi-
tion under paragraph (1) of such section; 
and 
(B) prevent a subscriber from receiving a 
call unless— 
(i) any caller identification informa-
tion transmitted in connection with such 
call is verified as described in subpara-
graph (A); or 
(ii) no caller identification information 
is transmitted in connection with such call, 
whether because a person has blocked the 
capability of a caller identification service 
to transmit such information in accordance 
with paragraph (2) of section 227(e) of the 
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Communications Act of 1934 (47 U.S.C. 
227(e)) or otherwise. 
(2) UNBLOCKING REQUESTS.—Such regulations 
shall require a provider of voice service to— 
(A) accept a request from a subscriber of 
such service, a calling party, or another pro-
vider of voice service for the caller identification 
information authentication technology required 
under paragraph (1) to allow the completion of 
a call in connection with which caller identifica-
tion information is transmitted but not verified 
as described in subparagraph (A) of such para-
graph; and 
(B) if such request meets criteria pre-
scribed by the Commission in such regulations, 
grant such request. 
(3) NO ADDITIONAL COST TO SUBSCRIBERS.— 
Such regulations shall prohibit providers of voice 
service from making any additional charge to sub-
scribers for the caller identification information au-
thentication technology required under paragraph 
(1). 
(c) DEFINITIONS.—In this section: 
(1) CALLER IDENTIFICATION INFORMATION.— 
The term ‘‘caller identification information’’ has the 
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meaning given such term in section 227(e)(8) of the 
Communications Act of 1934 (47 U.S.C. 227(e)(8)). 
(2) CALLER
IDENTIFICATION
SERVICE.—The 
term ‘‘caller identification service’’ has the meaning 
given such term in section 227(e)(8) of the Commu-
nications Act of 1934 (47 U.S.C. 227(e)(8)). 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(4) VOICE SERVICE.—The term ‘‘voice service’’ 
has the meaning given such term in section 
227(e)(8) of the Communications Act of 1934 (47 
U.S.C. 227(e)(8)). This paragraph shall apply before 
the effective date of the amendment made to such 
section 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. 
Æ 
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