Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act

Bill: 116-s-151
Sponsor: Sen. Thune, John [R-SD]
Introduced: 2019-01-16 in the Senate
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures
Civil actions and liability
Congressional oversight
Department of Justice
Executive agency funding and structure
Federal Communications Commission (FCC)
Fraud offenses and financial crimes
Government studies and investigations
Internet and video services
Internet, web applications, social media
Marketing and advertising
Right of privacy
Telephone and wireless communication

Summary:
action_date: 2019-01-16
text: 

Telephone Robocall Abuse Criminal Enforcement and Deterrence Act or the TRACED Act

 
This bill implements a forfeiture penalty for violations (with or without intent) of the prohibition on certain robocalls. The bill also removes an annual reporting requirement for enforcement relating to unsolicited facsimile advertisements. 
 
The bill requires voice service providers to develop call authentication technologies.
 
 The Federal Communications Commission (FCC) shall promulgate rules establishing when a provider may block a voice call based on information provided by the call authentication framework, but also must establish a process to permit a calling party adversely affected by the framework to verify the authenticity of their calls. The FCC shall also initiate a rulemaking to help protect a subscriber from receiving unwanted calls or texts from a caller using an unauthenticated number. 
 
This bill requires the Department of Justice and the FCC to assemble an interagency working group to study and report to Congress on the enforcement of the prohibition of certain robocalls. Specifically, the working group will look into how to better enforce against robocalls by examining issues like the types of laws, policies, or constraints that could be inhibiting enforcement. 
 
The bill requires the FCC to initiate a proceeding to determine whether its policies regarding access to number resources could be modified to help reduce access to numbers by potential robocall violators. 

action_date: 2019-05-21
text: 

Telephone Robocall Abuse Criminal Enforcement and Deterrence Act or the TRACED Act

 
This bill implements a forfeiture penalty for violations (with or without intent) of the prohibition on certain robocalls. The bill also removes an annual reporting requirement for enforcement relating to unsolicited facsimile advertisements.
 
The bill requires voice service providers to develop call authentication technologies.
 
 The Federal Communications Commission (FCC) shall promulgate rules establishing when a provider may block a voice call based on information provided by the call authentication framework, but also must establish a process to permit a calling party adversely affected by the framework to verify the authenticity of their calls. The FCC shall also initiate a rulemaking to help protect a subscriber from receiving unwanted calls or texts from a caller using an unauthenticated number. 
 
This bill requires the Department of Justice and the FCC to assemble an interagency working group to study and report to Congress on the enforcement of the prohibition of certain robocalls. Specifically, the working group will look into how to better enforce against robocalls by examining issues like the types of laws, policies, or constraints that could be inhibiting enforcement. 
 
The bill requires the FCC to initiate a proceeding to determine whether its policies regarding access to number resources could be modified to help reduce access to numbers by potential robocall violators. 

action_date: 2019-05-23
text: 

Telephone Robocall Abuse Criminal Enforcement and Deterrence Act or the TRACED Act

 
This bill implements a forfeiture penalty for violations (with or without intent) of the prohibition on certain robocalls. The bill also removes an annual reporting requirement for enforcement relating to unsolicited facsimile advertisements.
 
The bill requires voice service providers to develop call authentication technologies.
 
 The Federal Communications Commission (FCC) shall promulgate rules establishing when a provider may block a voice call based on information provided by the call authentication framework, but also must establish a process to permit a calling party adversely affected by the framework to verify the authenticity of their calls. The FCC shall also initiate a rulemaking to help protect a subscriber from receiving unwanted calls or texts from a caller using an unauthenticated number. 
 
This bill requires the Department of Justice and the FCC to assemble an interagency working group to study and report to Congress on the enforcement of the prohibition of certain robocalls. Specifically, the working group will look into how to better enforce against robocalls by examining issues like the types of laws, policies, or constraints that could be inhibiting enforcement. 
 
The bill requires the FCC to initiate a proceeding to determine whether its policies regarding access to number resources could be modified to help reduce access to numbers by potential robocall violators.

action_date: 2019-12-04
text: 

Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act or the Pallone-Thune TRACED Act
 
 
 This bill establishes rules and requirements to deter criminal robocall violations.
 
Specifically, the Federal Communications Commission (FCC) must
 
 
require voice service providers to develop call authentication technologies; 
 
initiate a rulemaking to protect a subscriber from receiving unwanted calls or texts from a caller using an unauthenticated number; 
 
establish when a provider may block a voice call based on information provided by the call authentication framework, but also establish a process to permit a calling party adversely affected by the framework to verify the authenticity of their calls;
 
streamline the ways in which a private entity may voluntarily share information with the FCC relating to a call or text message that violates robocall restrictions;
 
determine whether its policies regarding access to number resources could be modified to help reduce access to numbers by potential robocall violators; 
 
report on the implementation of the reassigned number database;
 
implement consumer protections for exempted classes of robocalls;
 
ensure opt-out/opt-in robocall blocking services provide transparency and redress options for consumers and callers with no additional line item charge to consumers or additional charge to callers for resolving complaints related to erroneously blocked calls;
 
study whether to require a provider of a Voice over Internet Protocol (VoIP) service to give the FCC its contact information and retain a record of each call transmitted over the VoIP service that is sufficient to trace a call back to its source;
 
provide the Department of Justice with any evidence obtained suggesting a robocall violation made with an intent to defraud or cause harm;
 
protect called parties from one-ring scams (where a caller allows the call to ring for a short duration to prompt the called party to return the call and incur charges);
 
establish a registration process for a single consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls; and
 
establish the Hospital Robocall Protection Group to issue best practices for combating unlawful robocalls made to hospitals, helping hospitals protect themselves, and assisting federal and state governments to combat such calls. 
 
 
The bill also implements a forfeiture penalty for violations (with or without intent) of the prohibitions on certain robocalls. 

action_date: 2019-12-30
text: 

Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act or the Pallone-Thune TRACED Act

 
This bill establishes rules and requirements to deter criminal robocall violations.
 
Specifically, the Federal Communications Commission (FCC) must
 
 
require voice service providers to develop call authentication technologies; 
 
initiate a rulemaking to protect a subscriber from receiving unwanted calls or texts from a caller using an unauthenticated number; 
 
establish when a provider may block a voice call based on information provided by the call authentication framework, but also establish a process to permit a calling party adversely affected by the framework to verify the authenticity of their calls;
 
streamline the ways in which a private entity may voluntarily share information with the FCC relating to a call or text message that violates robocall restrictions;
 
determine whether its policies regarding access to number resources could be modified to help reduce access to numbers by potential robocall violators; 
 
report on the implementation of the reassigned number database;
 
implement consumer protections for exempted classes of robocalls;
 
ensure opt-out/opt-in robocall blocking services provide transparency and redress options for consumers and callers with no additional line item charge to consumers or additional charge to callers for resolving complaints related to erroneously blocked calls;
 
study whether to require a provider of a Voice over Internet Protocol (VoIP) service to give the FCC its contact information and retain a record of each call transmitted over the VoIP service that is sufficient to trace a call back to its source;
 
provide the Department of Justice with any evidence obtained suggesting a robocall violation made with an intent to defraud or cause harm;
 
protect called parties from one-ring scams (where a caller allows the call to ring for a short duration to prompt the called party to return the call and incur charges);
 
establish a registration process for a single consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls; and
 
establish the Hospital Robocall Protection Group to issue best practices for combating unlawful robocalls made to hospitals, helping hospitals protect themselves, and assisting federal and state governments to combat such calls. 
 
 
The bill also implements a forfeiture penalty for violations (with or without intent) of the prohibitions on certain robocalls. 


Legislative actions:
action_date: 2019-12-30
text: Became Public Law No: 116-105.
action_date: 2019-12-30
text: Became Public Law No: 116-105.
action_date: 2019-12-30
text: Signed by President.
action_date: 2019-12-30
text: Signed by President.
action_date: 2019-12-20
text: Presented to President.
action_date: 2019-12-20
text: Presented to President.
action_date: 2019-12-19
text: Message on Senate action sent to the House.
action_date: 2019-12-19
text: Senate agreed to the House amendment to S. 151 by Voice Vote.
action_date: 2019-12-19
text: Resolving differences -- Senate actions: Senate agreed to the House amendment to S. 151 by Voice Vote.
action_date: 2019-12-19
text: Measure laid before Senate by unanimous consent. (consideration: CR S7177)
action_date: 2019-12-05
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2019-12-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2019-12-04
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 3 (Roll no. 647). (text: CR H9235-9239)
action_date: 2019-12-04
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 3 (Roll no. 647).(text: CR H9235-9239)
action_date: 2019-12-04
text: Considered as unfinished business. (consideration: CR H9246-9247)
action_date: 2019-12-04
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2019-12-04
text: DEBATE - The House proceeded with forty minutes of debate on S. 151.
action_date: 2019-12-04
text: Considered under suspension of the rules. (consideration: CR H9235-9245)
action_date: 2019-12-04
text: Mr. Pallone moved to suspend the rules and pass the bill, as amended.
action_date: 2019-05-25
text: Referred to the Subcommittee on Communications and Technology.
action_date: 2019-05-24
text: Referred to the House Committee on Energy and Commerce.
action_date: 2019-05-24
text: Received in the House.
action_date: 2019-05-23
text: Message on Senate action sent to the House.
action_date: 2019-05-23
text: Passed Senate with an amendment by Yea-Nay Vote. 97 - 1. Record Vote Number: 127.
action_date: 2019-05-23
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 97 - 1. Record Vote Number: 127.
action_date: 2019-05-23
text: The committee substitute agreed to by Unanimous Consent. (text: CR S3075-3076)
action_date: 2019-05-23
text: Measure laid before Senate by unanimous consent. (consideration: CR S3075-3077)
action_date: 2019-05-21
text: An errata sheet on written report No. 116-41 was printed.
action_date: 2019-05-21
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 94.
action_date: 2019-05-21
text: Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. With written report No. 116-41.
action_date: 2019-05-21
text: Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. With written report No. 116-41.
action_date: 2019-04-03
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2019-01-16
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2019-01-16
text: Introduced in Senate

Enacted as: number: 116-105