,,ii #aaeth ,,congress #b;d ,session ,s4 #cjgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjah,mr4 ,markey introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,communications ,act of #aicd to clarify the prohibitions on making robocalls1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,bad ,robocalls ,act4 #b4 ,prohibitions on making robocalls 7a7 ,in general ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7 is amended-- 7#a7 in subsection 7a71 by amending paragraph 7#a7 to read as follows3 7#a7 ,the term robocall means a call made 7including a text message sent7-- 7,a7 using equipment that makes a series of calls to stored telephone numbers1 including numbers stored on a list1 or to telephone numbers produced using a random or sequential number generator1 except for a call made using only equipment that the caller demonstrates requires substantial additional human intervention to dial or place a call after a human initiates the series of calls2 or 7,b7 using an artificial or prerecorded voice4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking any call and inserting any robocall2 and 7,,ii7 by striking using any automatic telephone dialing system or an artificial or prerecorded voice2 7ii7 in subparagraph 7,b7-- 7,i7 by striking telephone call and inserting robocall2 and 7,,ii7 by striking using an artificial or prerecorded voice to deliver a message2 and 7iii7 in subparagraph 7,d71 by striking use an automatic telephone dialing system and inserting make robocalls2 and 7,b7 in paragraph 7#b77;,a71 by striking calls made using an artificial or prerecorded voice and inserting robocalls2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking telephone call using any automatic telephone dialing system and inserting robocall described in subsection 7a77#a77;,a7 using any equipment2 and 7ii7 by striking or automatic telephone dialing system and inserting or to make any robocall described in subsection 7a77#a77;,a72 and 7,b7 in paragraph 7#c7-- 7i7 in the heading1 by inserting robocall after voice2 7ii7 in the matter preceding subparagraph 7,a71 by striking artificial or prerecorded voice message via telephone and inserting robocall described in subsection 7a77#a77;,b72 and 7iii7 in subparagraph 7,a71 by striking all artificial or prerecorded telephone messages and inserting the artificial or prerecorded voice message contained in any robocall described in that subsection2 and 7#d7 in subsection 7f77#a7-- 7,a7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 the making of robocalls2 or 2 and 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,c74 7b7 ,manner of revoking prior express consent ,section #bbg7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b77 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,manner of revoking prior express consent ,for purposes of this subsection1 prior express consent may be revoked at any time and in any reasonable manner1 regardless of the context in which consent was provided4 4 7c7 ,deadline for regulations ,not later than #a year after the date of enactment of this ,act1 the ,federal ,communications ,commission shall prescribe such regulations1 or amend such existing regulations1 as necessary to implement the amendments made by this section4 7d7 ,report to ,congress on text messages ,not later than #fj days after the date of enactment of this ,act1 after notice and an opportunity for public comment1 the ,federal ,communications ,commission shall submit to ,congress a report on how best to limit the number of unwanted text messages received by consumers4 ,the report shall contain recommendations by the ,commission1 including recommendations for potential legislation4 #c4 ,consumer protections for exemptions 7a7 ,in general ,section #bbg7;b77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b77#b77 is amended-- 7#a7 in subparagraph 7,g71 by striking 2 and at the end and inserting a semicolon2 7#b7 in subparagraph 7,h71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,i7 shall ensure that any exemption under subparagraph 7,b7 or 7,c7 contains requirements for calls made in reliance on the exemption with respect to-- 7i7 the classes or categories of parties that may make those calls2 7ii7 the classes or categories of parties that may be called2 7iii7 the purposes for which the calls may be made2 7iv7 the number of calls that a calling party may make to a particular called party2 and 7v7 the obligation of the calling party-- 7,i7 to provide the called party with a conspicuous consumer choice mechanism that permits the called party1 at any time1 to indicate that the called party wishes to stop receiving the calls from the calling party2 and 7,,ii7 to stop making the calls to the called party if the called party so indicates4 4 7b7 ,deadline for regulations ,in the case of any exemption issued under subparagraph 7,b7 or 7,c7 of section #bbg7;b77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b77#b77 before the date of enactment of this ,act1 the ,federal ,communications ,commission1 shall1 not later than #a year after that date of enactment1 prescribe such regulations1 or amend such existing regulations1 as necessary to ensure that the exemption meets the requirements of subparagraph 7,i7 of such section #bbg7;b77#b71 as added by subsection 7a74 #d4 ,reassigned number database2 safe harbor 7a7 ,in general ,section #bbg7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b771 as amended by section #b7;b71 is further amended by inserting after paragraph 7#c7 the following3 7#d7 ,reassigned number database2 safe harbor 7,a7 ,database required 7i7 ,establishment ,the ,commission 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 those persons need to avoid making calls without the prior express consent of the called party because of the reassignment of the number called to a different party4 7ii7 ,current information ,the ,commission shall ensure that information in the database required under clause 7i7 is up-to-date4 7,b7 ,provider participation required ,the ,commission shall require each covered provider to report to the database required under subparagraph 7,a7 the reassignment of any telephone number to or from a subscriber of the provider4 7,c7 ,safe harbor ,beginning on the date of the establishment of the database required under subparagraph 7,a71 in the case of a person who makes a call subject to this subsection to a telephone number that has been reassigned from a subscriber who had given prior express consent to be called by the person1 the 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 the call1 if the person shows that-- 7i7 the person had the prior express consent of the subscriber and that consent had not been revoked as of the time of the call2 7ii7 the person queried the database before making the call1 the query did not show the number as being reassigned from the subscriber1 and the person made the call within a reasonable period of time 7as defined by the ,commission7 after the query2 7iii7 the query did not show the number as being reassigned from the subscriber as a result of an inaccuracy on the part of-- 7,i7 the ,commission or other entity administering the database2 or 7,,ii7 a covered provider in reassigning the number or in making a report to the database about the reassignment of the number2 7iv7 the person did not otherwise know or have any reason to know that the number had been reassigned from the subscriber2 7v7 the call would have complied with the requirements of this subsection but for the lack of the prior express consent of the called party2 and 7vi7 the person-- 7,i7 took affirmative steps to correct the internal records of the person with respect to the number2 and 7,,ii7 reported to the database any inaccuracy that the person discovered with respect to the number in the database4 7,d7 ,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 under subparagraph 7,a74 7,e7 ,covered provider defined ,in this paragraph1 the term covered provider means a provider of voice service or text messaging service 7as those terms are defined in subsection 7e77#h774 4 7b7 ,called party defined 7#a7 ,in general ,section #bbg7;a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;a77 is amended by adding at the end the following3 7#f7 ,the term called party means1 with respect to a call1 the current subscriber of the telephone number to which the call is made1 determined at the time when the call is made4 4 7#b7 ,conforming amendments ,section #bbg7;d77#c77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;d77#c77;,b77 is amended-- 7,a7 by striking called party's line each place it appears and inserting telephone line called2 and 7,b7 by striking called party has hung up and inserting answering party has hung up4 7c7 ,deadline for regulations and establishment of database ,not later than #a year after the date of the enactment of this ,act1 the ,federal ,communications ,commission shall-- 7#a7 prescribe regulations to implement the amendments made by this section2 and 7#b7 establish the database required by such amendments4 7d7 ,transitional rule regarding definition of covered provider ,subsection 7b77#d77;,e7 of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as added by subsection 7a7 of this section1 shall apply before the effective date of the amendment made to subsection 7e77#h7 of such section #bbg by section #ejc7;a77#b77;,c7 of division ,p of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada7 as if that amendment was already in effect4 #e4 ,annual report to ,congress ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7 is amended by adding at the end the following3 7i7 ,annual report to ,congress on robocalls and transmission of misleading or inaccurate caller identification information 7#a7 ,report required ,not later than #a year after the date of enactment of the ,stopping ,bad ,robocalls ,act1 and annually thereafter1 the ,commission1 after consultation with the ,federal ,trade ,commission1 shall submit to ,congress a report regarding enforcement by the ,commission of subsections 7b71 7d71 and 7e7 during the preceding calendar year4 7#b7 ,matters for inclusion ,each report required under paragraph 7#a7 shall include the following3 7,a7 ,the number of complaints received by the ,commission during each of the preceding #e calendar years1 for each of the following categories3 7i7 ,complaints alleging that a consumer received a robocall in violation of subsection 7b74 7ii7 ,complaints alleging that a consumer received a robocall in violation of the standards prescribed under subsection 7d74 7iii7 ,complaints alleging that a consumer received a call in connection with which misleading or inaccurate caller identification information was transmitted in violation of subsection 7e74 7,b7 ,the number of citations issued by the ,commission under section #ejc7;b7 during the preceding calendar year to enforce subsection 7d71 and details of each citation4 7,c7 ,the number of notices of apparent liability issued by the ,commission under section #ejc7;b7 during the preceding calendar year to enforce subsections 7b71 7d71 and 7e71 and details of each notice1 including the proposed forfeiture amount4 7,d7 ,the number of final orders imposing forfeiture penalties issued under section #ejc7;b7 during the preceding calendar year to enforce subsections 7b71 7d71 and 7e71 and details of each order1 including the total forfeiture imposed4 7,e7 ,the amount of forfeiture penalties or criminal fines collected1 during the preceding calendar year1 by the ,commission or the ,attorney ,general for violations of subsections 7b71 7d71 and 7e71 and details of each case in which a forfeiture penalty or criminal fine was collected4 7,f7 ,proposals for reducing by half the number of calls made in violation of subsections 7b71 7d71 and 7e74 7,g7 ,an analysis of the contribution by providers of interconnected ,vo,i,p service and non-interconnected ,vo,i,p service that discount high-volume1 short-duration calls to the total number of robocalls1 and recommendations on how to address that contribution in order to decrease the total number of robocalls4 4 #f4 ,regulations relating to caller identification information authentication standards 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall prescribe regulations in the ,call ,authentication ,trust ,anchor proceeding 7,,wc ,docket ,no4 #ag-ig74 7b7 ,requirements for caller identification information authentication technology 7#a7 ,in general ,the regulations required under subsection 7a7 shall require providers of voice service to implement1 by a date specified by the ,commission1 caller identification information authentication technology that has the ability to-- 7,a7 verify that any caller identification information transmitted in connection with a call 7including a call originating outside the ,united ,states if the recipient is within the ,united ,states7 is-- 7i7 accurate2 or 7ii7 exempted under the regulations promulgated under paragraph 7#c7 of section #bbg7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77 from the prohibition under paragraph 7#a7 of that section2 and 7,b7 prevent a subscriber from receiving a call unless-- 7i7 any caller identification information transmitted in connection with the call is verified as described in subparagraph 7,a72 or 7ii7 no caller identification information is transmitted in connection with the call1 whether because a person has blocked the capability of a caller identification service to transmit the information in accordance with paragraph 7#b7 of section #bbg7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77 or otherwise4 7#b7 ,unblocking requests ,the regulations required under subsection 7a7 shall require a provider of voice service to-- 7,a7 accept a request from a subscriber of the service1 a calling party1 or another provider of voice service for the caller identification information authentication technology required under paragraph 7#a7 of this subsection to allow the completion of a call in connection with which caller identification information is transmitted but not verified as described in subparagraph 7,a7 of that paragraph2 and 7,b7 if the request described in subparagraph 7,a7 meets criteria prescribed by the ,commission in those regulations1 grant the request4 7#c7 ,no additional cost to subscribers ,the regulations required under subsection 7a7 shall prohibit providers of voice service from making any additional charge to subscribers for the caller identification information authentication technology required under paragraph 7#a7 of this subsection4 7c7 ,definitions ,in this section3 7#a7 ,caller identification information ,the term caller identification information has the meaning given the term in section #bbg7;e77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h774 7#b7 ,caller identification service ,the term caller identification service has the meaning given the term in section #bbg7;e77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h774 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,voice service 7,a7 ,in general ,the term voice service has the meaning given the term in section #bbg7;e77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h774 7,b7 ,transition rule ,subparagraph 7,a7 shall apply before the effective date of the amendment made to the section described in that subparagraph by section #ejc7;a77#b77;,c7 of division ,p of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada7 as if the amendment was already in effect4