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 Penn-
sylvania, and Mr. LATTA) introduced the following bill; which was re-
ferred 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. CONSUMER PROTECTION REGULATIONS RELATING 
TO MAKING ROBOCALLS. 
Not later than 6 months after the date of the enact-
ment of this Act, and as appropriate thereafter to ensure 
that the consumer protection and privacy purposes of sec-
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tion 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 nec-
essary 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 Commis-
sion, ensure that— 
(1) the consumer protection and privacy pur-
poses 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 ex-
empted by paragraph (1), (2)(B), or (2)(C) of sub-
section (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 
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effectuate the consumer protection and privacy pur-
poses 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 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 
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 
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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 sub-
section (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 Commis-
sion 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 pur-
suant to the Second Report and Order in the matter 
of Advanced Methods to Target and Eliminate Un-
lawful Robocalls (CG Docket No. 17–59; FCC 18– 
177; adopted on December 12, 2018). 
(2) CONTENTS.—The report required by para-
graph (1) shall describe the efforts of the Commis-
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sion, as described in such Second Report and Order, 
to ensure— 
(A) the establishment of a database of tele-
phone 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 re-
cent update of the database and the database 
reported that the number had not been discon-
nected; and 
(C) that if the person makes the dem-
onstration described in subparagraph (B), the 
person will be shielded from liability under sec-
tion 227(b) of the Communications Act of 1934 
(47 U.S.C. 227(b)) should the database return 
an inaccurate result. 
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(b) CLARIFICATION
OF DEFINITION
OF CALLED 
PARTY.— 
(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 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 Elimi-
nate Unlawful Robocalls (CG Docket No. 17–59; 
FCC 18–177; adopted on December 12, 2018). 
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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 FOR-
FEITURE
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
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 subsection (a), is 
further amended by adding at the end the following: 
‘‘(5) 4-YEAR STATUTE OF LIMITATIONS.—Not-
withstanding paragraph (6) of section 503(b), no 
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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 re-
quired by paragraph (4) of such section (as the 
case may be); or 
‘‘(B) if the violation was made with the in-
tent to cause such violation, 4 years prior to the 
date of issuance of the notice required by para-
graph (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’’. 
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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 fol-
lowing: 
‘‘(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 sub-
section, and annually thereafter, the Commission, 
after consultation with the Federal Trade Commis-
sion, shall submit to Congress a report regarding en-
forcement 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 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 call in violation of sub-
section (b) or (c). 
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‘‘(ii) Complaints alleging that a con-
sumer received a call in violation of the 
standards prescribed under subsection (d). 
‘‘(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), (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 
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calendar year, by the Commission or the Attor-
ney General for violations of such subsections, 
and details of each case in which such a for-
feiture 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 de-
crease the total number of calls made in viola-
tion of such subsections. 
‘‘(3) NO ADDITIONAL REPORTING REQUIRED.— 
The Commission shall prepare the report required by 
paragraph (1) without requiring the provision of ad-
ditional information from providers of telecommuni-
cations service or voice service (as defined in section 
7(d) of the Stopping Bad Robocalls Act).’’. 
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