,,ii #aacth ,,congress #b;d ,session ,s4 #cjaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ab1 #bjad ,mrs4 ,mc,caskill introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve the enforcement of prohibitions on robocalls1 including fraudulent robocalls4 #a4 ,short title ,this ,act may be cited as the ,robocall ,enforcement ,improvements ,act of #bjad4 #b4 ,enforcement authority relating to non-licensee robocallers 7a7 ,authority ,to impose forfeitures without first issuing citations ,section #ejc7;b77#e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejc7;b77#e77 is amended in the second sentence-- 7#a7 by striking or in the case of and inserting in the case of2 and 7#b7 by inserting before the period at the end the following3 1 or if the person involved is engaging in violations of section #bbg7;b77#a7 of this title4 7b7 ,expansion of statute of limitations ,section #ejc7;b77#f77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejc7;b77#f77;,b77 is amended-- 7#a7 by striking occurred more than #a year and inserting the following3 occurred-- 7i7 except as provided in clause 7ii71 more than #a year 2 7#b7 by striking liability4 and inserting liability2 or2 and 7#c7 by inserting after clause 7i71 as designated1 the following3 7ii7 in the case of a violation of section #bbg7;b77#a7 of this title1 more than #c years prior to the date of issuance of the required notice of apparent liability4 4 7c7 ,increase in maximum forfeiture ,section #ejc7;b77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejc7;b77#b77 is amended-- 7#a7 in subparagraph 7,d71 by striking or 7,c7 and inserting 7,c71 7,f71 or 7,g72 and 7#b7 by adding at the end the following3 7,g7 ,if the violator does not hold1 and is not an applicant for1 a license1 permit1 certificate1 or other authorization issued by the ,commission-- 7i7 the amount of any forfeiture penalty determined under this subsection for a violation of section #bbg7;b77#a7 of this title shall not exceed #be1jjj for each violation or each day of a continuing violation2 and 7ii7 there shall be no limit on the total amount assessed for any continuing violation of section #bbg7;b77#a7 of this title4 4 #c4 ,amendments to ,truth in ,caller ,,id ,act of #bjji 7a7 ,communications from outside ,united ,states ,section #bbg7;e77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#a77 is amended by inserting or any person outside the ,united ,states if the recipient is within the ,united ,states1 after ,united ,states14 7b7 ,clarification of definition of ,,ip-,enabled voice service ,section #bbg7;e77#h77;,c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h77;,c77 is amended by striking has the meaning and all that follows and inserting the following3 means the provision of real-time voice communications offered to the public1 or such class of users as to be effectively available to the public1 transmitted using ,internet protocol1 or a successor protocol1 7whether part of a bundle of services or separately7 with interconnection capability such that the service can originate traffic to1 or terminate traffic from1 the public switched telephone network1 or a successor network44 7c7 ,spoofing service 7#a7 ,in general ,section #bbg7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77 is amended-- 7,a7 by striking paragraph 7#d72 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,spoofing services 7,a7 ,in general ,a provider of a spoofing service shall take such steps as the ,commission may prescribe to verify that a person does not use the service in violation of this subsection4 7,b7 ,recordkeeping and reporting ,the ,commission shall impose reasonable recordkeeping and reporting obligations on a provider of a spoofing service1 and shall adopt any other regulation that the ,commission determines necessary1 to prevent or investigate violations of this subsection4 7,c7 ,subpoena authority ,notwithstanding chapter #aba of title #ah1 ,united ,states ,code1 for purposes of enforcing this subsection1 the ,commission may by subpoena require a provider of a spoofing service to disclose to the ,commission the caller identification information transmitted by a subscriber to or customer of the spoofing service4 2 and 7,d7 in paragraph 7#h71 by adding at the end the following3 7,d7 ,spoofing service ,the term spoofing service means a service that substitutes1 or permits a user to substitute1 another name or any number 7including a telephone number1 pseudo-number1 or other number7 for display as the caller identification information for a call or text message4 4 7#b7 ,conforming amendment ,section #bbg7;e77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#a771 as amended by subsection 7a71 is amended by striking paragraph 7#c77;,b7 and inserting paragraph 7#d77;,b74 7d7 ,text messaging service ,section #bbg7;e77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h77 is amended-- 7#a7 in subparagraph 7,a71 by inserting 7including a text message sent using a text messaging service7 before the period at the end2 7#b7 in the first sentence of subparagraph 7,b71 by inserting 7including a text message sent using a text messaging service7 before the period at the end2 and 7#c7 by adding at the end the following3 7,d7 ,text message ,the term text message-- 7i7 means a real-time or near real-time message consisting of text1 images1 sounds1 or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number2 7ii7 includes a short message service 7commonly referred to as ,,sms7 message1 an enhanced message service 7commonly referred to as ,,ems7 message1 and a multimedia message service 7commonly referred to as ,,mms7 message2 and 7iii7 does not include a real-time1 #b-way voice or video communication4 7,e7 ,text messaging service ,the term text messaging service means a service that permits the transmission or receipt of a text message1 including a service provided as part of or in connection with a telecommunications service or an ,,ip-enabled voice service4 4 7e7 ,savings clause ,section #bbg7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77 is amended by adding at the end the following3 7#aj7 ,savings clause ,nothing in this subsection shall be construed to-- 7,a7 modify or limit the authority of the ,commission under the ,telephone ,consumer ,protection ,act of #aiia 7,public ,law #ajb-bdc2 #aje ,stat4 #bcid71 the amendments made by that ,act1 or the ,,can-,,spam ,act of #bjjc 7#ae ,u4,s4,c4 #ggja et seq471 as of the day before the date of enactment of the ,robocall ,enforcement ,improvements ,act of #bjad1 to interpret the term call to include a text message2 or 7,b7 modify1 limit1 or otherwise affect any rule or order adopted by the ,commission in connection with the ,telephone ,consumer ,protection ,act of #aiia1 the amendments made by that ,act1 or the ,,can-,,spam ,act of #bjjc4 4 7f7 ,regulations 7#a7 ,in general ,section #bbg7;e77#c77;,a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#c77;,a77 is amended by striking ,not later than #f months after the date of enactment of the ,truth in ,caller ,,id ,act of #bjji1 the ,commission and inserting ,the ,commission4 7#b7 ,deadline ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,communications ,commission shall prescribe regulations to implement the amendments made by this section4 7g7 ,effective date ,the amendments made by this section shall take effect on the date that is #f months after the date on which the ,federal ,communications ,commission prescribes regulations to implement the amendments made by this section4 #d4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 telecommunications carriers have the legal authority to offer consumers services that block or filter robocalls2 and 7#b7 the ,federal ,government1 including the ,federal ,communications ,commission and the ,federal ,trade ,commission1 should encourage telecommunications carriers to develop and implement the services described in paragraph 7#a74