,,ii #aaeth ,,congress #b;d ,session ,s4 #cfee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ae1 #bjah ,mr4 ,thune 7for himself1 ,mr4 ,markey1 and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to deter criminal robocall violations and improve enforcement of section #bbg7;b7 of the ,communications ,act of #aicd1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,telephone ,robocall ,abuse ,criminal ,enforcement and ,deterrence ,act or the ,,traced ,act4 #b4 ,forfeiture 7a7 ,in general ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 7#d7 ,civil forfeiture 7,a7 ,in general ,any person that is determined by the ,commission1 in accordance with section #ejc7;b77#c7 or section #ejc7;b77#d71 to have violated this subsection with the intent to cause such violation shall be liable to the ,united ,states for a forfeiture penalty4 ,a forfeiture penalty under this paragraph shall be in addition to any other penalty provided for by this ,act4 ,the amount of the forfeiture penalty determined under this paragraph shall not exceed #aj1jjj for each violation4 7,b7 ,recovery ,any forfeiture penalty determined under subparagraph 7,a7 shall be recoverable under section #ejd7;a74 7,c7 ,procedure ,no forfeiture liability shall be determined under subparagraph 7,a7 against any person unless such person receives the notice required by section #ejc7;b77#c7 or section #ejc7;b77#d74 7,d7 ,statute of limitations ,no forfeiture penalty shall be determined or imposed against any person under subparagraph 7,a7 if the violation charged occurred more than #c years prior to the date of issuance of the required notice or notice or apparent liability4 7,e7 ,forfeiture under section #ejc ,notwithstanding section #ejc7;b77#a71 nothing in this paragraph may be construed to affect the authority of the ,commission to impose a forfeiture penalty under section #ejc7;b77#a77;,b7 against a person who is determined by the ,commission1 in accordance with that section1 to have failed to comply with any provision of this subsection4 7#e7 ,criminal fine ,any person who violates this subsection with the intent to cause such violation shall upon conviction thereof be fined not more than #aj1jjj for each violation1 or #c times that amount for each day of a continuing violation1 in lieu of the fine provided by section #eja of this title for such a violation4 ,this subparagraph does not supercede the provisions of section #eja of this title relating to imprisonment or the imposition of a penalty of both fine and imprisonment4 2 and 7#b7 in subsection 7h7-- 7,a7 by striking paragraph 7#b72 7,b7 by redesignating paragraphs 7#c7 through 7#g7 as paragraphs 7#b7 through 7#f71 respectively2 7,c7 in paragraph 7#c71 as redesignated1 by striking paragraph 7#c7 and inserting paragraph 7#b72 and 7,d7 in paragraph 7#e71 as redesignated1 by striking paragraph 7#e7 and inserting paragraph 7#d74 7b7 ,applicability ,the amendments made by this section shall not affect any action or proceeding commenced before and pending on the date of enactment of this ,act4 7c7 ,deadline for regulations ,the ,federal ,communications ,commission shall prescribe regulations to implement the amendments made by this section not later than #bgj days after the date of enactment of this ,act4 #c4 ,call authentication 7a7 ,authentication framework 7#a7 ,in general ,subject to paragraph 7#b71 the ,federal ,communications ,commission shall require1 not later than #ah months after the date of enactment of this ,act1 a provider of voice service to implement an appropriate and effective call authentication framework in the internet protocol networks of voice service providers4 7#b7 ,implementation ,the ,federal ,communications ,commission-- 7,a7 shall not take the action described in subparagraph 7a77#a7 if the ,federal ,communications ,commission determines1 after public notice and an opportunity for comment1 that each provider of voice services1 not later than #ab months after the date of enactment of this ,act-- 7i7 has established voluntary rules for an appropriate and effective call authentication framework in the internet protocol networks of voice service providers2 7ii7 has agreed voluntarily to participate in the authentication framework under clause 7i72 7iii7 has begun to implement the authentication framework under clause 7i72 and 7iv7 will fully implement the appropriate and effective call authentication framework under clause 7i71 not later than #ah months after the date of enactment of this ,act1 subject to subparagraph 7,b72 and 7,b7 may extend the deadline for implementation of the call authentication framework under paragraph 7#a7 or subparagraph 7,a7 of this paragraph1 as applicable1 for an additional #ab months1 or such further time as the ,federal ,communications ,commission determines to be necessary1 for a provider that demonstrates substantial hardship in purchasing or upgrading equipment to support call authentication4 7b7 ,safe harbor and other regulations 7#a7 ,in general ,the ,federal ,communications ,commission shall promulgate rules-- 7,a7 affirming authority for a provider of voice service to block a voice call pursuant to the authentication framework under paragraph 7#a7 or paragraph 7#b7 of subsection 7a71 as applicable2 7,b7 establishing a safe harbor for a provider of voice service from liability for unintended or inadvertent blocking of calls or for the unintended or inadvertent misidentification of the level of trust for individual calls pursuant to the authentication framework under paragraph 7#a7 or paragraph 7#b7 of subsection 7a71 as applicable2 and 7,c7 establishing a process to permit a calling party adversely affected by the authentication framework under paragraph 7#a7 or paragraph 7#b7 of subsection 7a71 as applicable1 to verify the authenticity of the calling party's calls4 7#b7 ,considerations ,in establishing the safe harbor under paragraph 7#a71 the ,federal ,communications ,commission shall consider limiting the liability of providers based on the extent to which they-- 7,a7 block or identify calls based on the authentication framework under paragraph 7#a7 or paragraph 7#b7 of subsection 7a71 as applicable2 7,b7 implemented procedures based on the framework2 and 7,c7 used reasonable care4 7c7 ,definition of voice service ,in this section1 the term voice service-- 7#a7 means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the ,north ,american ,numbering ,plan or any successor to the ,north ,american ,numbering ,plan adopted by the ,commission under section #bea7;e77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bea7;e77#a772 and 7#b7 includes-- 7,a7 transmissions from a telephone facsimile machine1 computer1 or other device to a telephone facsimile machine2 and 7,b7 without limitation1 any service that enables real-time1 two-way voice communications1 including any service that requires ,internet protocol-compatible customer premises equipment 7,,cpe7 and permits out-bound calling1 whether or not the service is one-way or two-way voice over ,internet protocol4 7d7 ,rule of construction ,nothing in this section shall preclude the ,federal ,communications ,commission from initiating a rulemaking pursuant to its existing statutory authority4 #d4 ,protections from spoofed calls 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and consistent with the authentication framework under paragraph 7#a7 or paragraph 7#b7 of section #c7;a71 as applicable1 the ,federal ,communications ,commission shall initiate a rulemaking to help protect a subscriber from receiving unwanted calls or text messages from a caller using an unauthenticated number4 7b7 ,considerations ,in promulgating rules under subsection 7a71 the ,federal ,communications ,commission shall consider-- 7#a7 the ,government ,accountability ,office report on combating the fraudulent provision of misleading or inaccurate caller identification required by section #ejc7;c7 of division ,p of the ,consolidated ,appropriations ,act #bjah 7,public ,law #aae-ada2 #acb ,stat4 #cdh72 7#b7 the best means of ensuring that a subscriber or provider has the ability to block calls from a caller using an unauthenticated number2 7#c7 the impact on the privacy of a telephone subscriber from unauthenticated calls2 7#d7 the effectiveness in verifying the accuracy of caller identification information2 and 7#e7 the availability and cost of providing protection from the unwanted calls or text messages described in subsection 7a74 #e4 ,interagency working group 7a7 ,in general ,the ,attorney ,general of the ,united ,states1 in consultation with the ,chairman of the ,federal ,communications ,commission1 shall convene an interagency working group to study ,government prosecution of violations of section #bbg7;b7 of the ,communications ,act of #aice 7#dg ,u4,s4,c4 #bbg7;b774 7b7 ,duties ,in carrying out the study under subsection 7a71 the interagency working group shall-- 7#a7 determine whether1 and if so how1 any ,federal law1 including regulations1 policies1 and practices1 or budgetary or jurisdictional constraints inhibit the prosecution of such violations2 7#b7 identify existing and potential ,federal policies and programs that encourage and improve coordination among ,federal departments and agencies and ,states1 and between ,states1 in the prevention and prosecution of such violations2 7#c7 identify existing and potential international policies and programs that encourage and improve coordination between nations in the prevention and prosecution of such violations2 and 7#d7 consider-- 7,a7 the benefit and potential sources of additional resources for the ,federal prevention and prosecution of criminal violations of that section2 7,b7 whether to establish memoranda of understanding regarding the prevention and prosecution of such violations between-- 7i7 the ,states2 7ii7 the ,states and the ,federal ,government2 and 7iii7 the ,federal ,government and a foreign government2 7,c7 whether to establish a process to allow ,states to request ,federal subpoenas from the ,federal ,communications ,commission2 7,d7 whether extending civil enforcement to the ,states would assist in the successful prevention and prosecution of such violations2 7,e7 whether increased forfeiture and imprisonment penalties are appropriate1 such as extending imprisonment for such a violation to a term longer than #b years2 7,f7 whether regulation of any entity that enters into a business arrangement with a carrier for the specific purpose of carrying1 routing1 or transmitting a call that constitutes such a violation would assist in the successful prevention and prosecution of such violations2 and 7,g7 the extent to which1 if any1 ,department of ,justice policies to pursue the prosecution of violations causing economic harm1 physical danger1 or erosion of an inhabitant's peace of mind and sense of security inhibits the prevention or prosecution of such violations4 7c7 ,members ,the interagency working group shall be composed of such representatives of ,federal departments and agencies as the ,attorney ,general considers appropriate1 such as-- 7#a7 the ,department of ,commerce2 7#b7 the ,department of ,state2 7#c7 the ,department of ,homeland ,security2 7#d7 the ,federal ,communications ,commission2 7#e7 the ,federal ,trade ,commission2 and 7#f7 the ,consumer ,financial ,protection ,bureau4 7d7 ,non-,federal stakeholders ,in carrying out the study under subsection 7a71 the interagency working group shall consult with such non-,federal stakeholders as the ,attorney ,general determines have the relevant expertise1 including the ,national ,association of ,attorneys ,general4 7e7 ,report to ,congress ,not later than #i months after the date of enactment of this ,act1 the interagency working group shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the findings of the study under subsection 7a71 including-- 7#a7 any recommendations regarding the prevention and prosecution of such violations2 and 7#b7 a description of what process1 if any1 relevant ,federal departments and agencies have made in implementing the recommendations under paragraph 7#a74 #f4 ,access to number resources ,not later than #ahj days after the date of enactment of this ,act1 the ,federal ,communications ,commission shall commence a proceeding to determine whether ,federal ,communications ,commission policies regarding access to number resources could be modified1 including by establishing registration and compliance obligations1 to help reduce access to numbers by potential perpetrators of violations of section #bbg7;b7 of the ,communications ,act of #aice 7#dg ,u4,s4,c4 #bbg7;b774