,i #aafth ,,congress #ast ,session ,h4 ,r4 #bbih ,,in ,,the ,,house ,,of ,,representatives ,april #ab1 #bjai ,ms4 ,speier 7for herself1 ,mr4 ,engel1 ,mr4 ,mc,govern1 ,ms4 ,norton1 ,mr4 ,cooper1 ,ms4 ,pingree1 ,mr4 ,grijalva1 ,mr4 ,suozzi1 ,mr4 ,ryan1 ,mr4 ,sherman1 ,ms4 ,lofgren1 ,ms4 ,wilson of ,florida1 ,mr4 ,visclosky1 ,mr4 ,cohen1 and ,mr4 ,raskin7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to expand and clarify the prohibition on misleading or inaccurate caller identification information and to require providers of telephone service to offer technology to subscribers to reduce the incidence of unwanted telephone calls and text messages1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,repeated ,objectionable ,bothering ,of ,consumers ,on ,phones ,act or the ,,robocop ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the incidence of unwanted telephone calls and text messages is a nationwide nuisance4 7#b7 ,the ,federal ,trade ,commission received almost #e1hjj1jjj complaints about unwanted telephone calls in fiscal year #bjah4 7#c7 ,telephone scammers target vulnerable consumers1 particularly the elderly4 7#d7 ,the national do-not-call registry has effectively addressed unwanted telephone calls from legitimate companies1 but consumers continue to be subject to unwanted calls originating from sources outside the ,united ,states and illegitimate operators4 7#e7 ,telemarketing fraud cost consumers an estimated #cej1jjj1jjj in #bjaa4 7#f7 ,existing ,federal law is inadequate to address this problem4 7#g7 ,preventing unwanted telephone calls and text messages from reaching consumers requires #b approaches3 7,a7 ,identifying unwanted calls and text messages4 7,b7 ,giving the consumers the ability to block or filter unwanted calls and text messages4 #c4 ,definitions ,in this ,act3 7#a7 ,caller identification information2 text message ,the terms caller identification information and text message have the meanings given those terms in section #bbg7;a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;a771 as amended by this ,act4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 #d4 ,expanding and clarifying prohibition on misleading or inaccurate caller ,,id information 7a7 ,definitions ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as amended by section #ejc7;a7 of division ,p of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada71 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b71 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 7#f71 and 7#i71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,the term caller identification information means information provided by a caller identification service regarding the telephone number of1 or other information regarding the origination of-- 7,a7 a call made using a voice service2 or 7,b7 a text message sent using a text messaging service4 7#c7 ,the term caller identification service-- 7,a7 means any service or device designed to provide the user of the service or device with the telephone number of1 or other information regarding the origination of-- 7i7 a call made using a voice service2 or 7ii7 a text message sent using a text messaging service2 and 7,b7 includes automatic number identification services4 2 7,c7 by inserting after paragraph 7#f71 as so redesignated1 the following3 7#g7 ,the term text message-- 7,a7 means a real-time or near real-time digital 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 7,b7 includes-- 7i7 a short message service 7commonly referred to as ,,sms7 message2 7ii7 an enhanced message service 7commonly referred to as ,,ems7 message2 and 7iii7 a multimedia message service 7commonly referred to as ,,mms7 message2 and 7,c7 does not include a real-time1 #b-way voice or video communication4 7#h7 ,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 voice service4 2 and 7,d7 by adding at the end the following3 7#aj7 ,the term voice service means any service that-- 7,a7 is interconnected with the public switched telephone network2 and 7,b7 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#a74 2 and 7#b7 in subsection 7e7-- 7,a7 by striking paragraph 7#h72 and 7,b7 by redesignating paragraph 7#i7 as paragraph 7#h74 7b7 ,regulations ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall prescribe regulations to implement the amendments made by this section4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #ahj days after the date on which the ,commission prescribes regulations under subsection 7b74 #e4 ,technology requirements 7a7 ,in general ,section #bbg7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;d77 is amended by adding at the end the following3 7#d7 ,technology offered by providers 7,a7 ,definitions ,in this paragraph3 7i7 ,originating provider ,the term originating provider means a provider of a voice service or text messaging service that permits a subscriber to originate a call or text message that may be transmitted on the public switched telephone network4 7ii7 ,originating subscriber ,the term originating subscriber means a subscriber to a voice service or text messaging service that originates a call or text message that may be transmitted on the public switched telephone network4 7iii7 ,receiving provider ,the term receiving provider means a provider of a voice service or text messaging service that permits a subscriber to receive a call or text message originating1 or that may be transmitted1 on the public switched telephone network4 7iv7 ,receiving subscriber ,the term receiving subscriber means a subscriber to a voice service or text messaging service that receives1 or is the intended recipient of1 a call or text message originating1 or that may be transmitted1 on the public switched telephone network4 7,b7 ,requirements to offer technology 7i7 ,originating providers ,the ,commission shall by regulation establish technical and procedural standards to require an originating provider to enable1 for each originating subscriber of the provider and for no additional charge1 and to require the originating subscriber to use1 technology that verifies1 for any call or text message originated by the originating subscriber1 that the caller identification information indicated for the call or text message accurately identifies the originating subscriber unless-- 7,i7 the call or text message is exempted1 under regulations described in clause 7ii7 or 7iii7 of subsection 7e77#c77;,b71 from the prohibition under subsection 7e77#a72 or 7,,ii7 the originating subscriber requests that the originating provider not display caller identification that accurately identifies the originating subscriber for a call or text message originated by the originating subscriber1 in which case the caller identification information shall state1 ,caller ,,id ,blocked4 7ii7 ,receiving providers ,the ,commission shall by regulation establish technical and procedural standards to require any receiving provider1 for each receiving subscriber of the provider and for no additional charge-- 7,i7 to enable1 and to offer to the receiving subscriber the option to disable1 technology that-- 7aa7 determines that an incoming call or text message is verified by the technology enabled in accordance with clause 7i7 as providing caller identification information in accordance with that clause1 whether by-- 7,,aa7 accurately identifying the originating subscriber that originated the call or text message2 7,,bb7 lawfully providing misleading or inaccurate caller identification2 or 7,,cc7 displaying ,caller ,,id ,blocked2 or 7bb7 if an incoming call or text message is not verified as described in item 7aa71 prevents the receiving subscriber from receiving the call or text message2 7,,ii7 to offer to the receiving subscriber the option to enable technology that-- 7aa7 identifies an incoming call or text message as originating or probably originating from an automatic telephone dialing system2 and 7bb7 prevents the receiving subscriber from receiving a call or text message identified as described in item 7aa7 unless-- 7,,aa7 the call or text message is made or sent by a public safety entity1 including a public safety answering point 7as defined in section #bbb7;h771 emergency operations center1 or law enforcement agency2 or 7,,bb7 the receiving subscriber has provided prior express consent to receive the call or text message and has not revoked that consent2 and 7,,iii7 to offer to the receiving subscriber the ability to request that the receiving provider prevent the receiving subscriber from receiving calls and text messages originating from a particular originating subscriber4 7,c7 ,commission oversight 7i7 ,appeals process relating to alleged autodialers ,the standards established under subparagraph 7,b77ii77,,ii7 shall provide for an appeals process under which-- 7,i7 an originating subscriber may notify the ,commission that the technology offered under that subparagraph by a receiving provider is-- 7aa7 incorrectly identifying the calls or text messages of the originating subscriber as originating or probably originating from an automatic telephone dialing system2 or 7bb7 preventing receiving subscribers from receiving calls or text messages originated by the originating subscriber that are permitted under item 7bb7 of that subparagraph2 7,,ii7 if the ,commission finds that the circumstance about which the originating subscriber notified the ,commission exists1 the ,commission shall-- 7aa7 notify the receiving provider of the finding2 and 7bb7 take such action as is reasonably necessary to correct the circumstance2 and 7,,iii7 if the receiving provider is preventing a receiving subscriber from receiving calls or text messages originated by the originating subscriber because the receiving subscriber has requested that prevention1 whether directly or through a call-blocking service1 the ,commission-- 7aa7 may not require the receiving provider to stop preventing the calls or text messages unless the receiving subscriber provides affirmative consent2 and 7bb7 shall require the receiving provider to notify the receiving subscriber of the existence of the circumstances described in subclause 7,,ii7 of this clause4 7ii7 ,whitelisting 7,i7 ,request ,an originating subscriber that offers essential services 7referred to in this clause as an essential services subscriber7 may request that the ,commission require each receiving provider to allow receiving subscribers of the receiving provider to receive calls or text messages originating from the essential services subscriber4 7,,ii7 ,grant ,if the ,commission1 through a rigorous vetting process using the unblocking system established under clause 7iii71 confirms the identity of an essential services subscriber described in subclause 7,i7 of this clause1 the ,commission shall require each receiving provider to allow each receiving subscriber of the receiving provider to receive calls or text messages originating from the essential services subscriber unless the receiving subscriber has requested under subparagraph 7,b77ii77,,iii7 that the receiving provider prevent the receiving subscriber from receiving calls and text messages originating from that essential services subscriber4 7,,iii7 ,definition of essential services ,the ,commission shall by regulation define the term essential services for purposes of this clause4 7iii7 ,unblocking system and database 7,i7 ,in general ,in order to carry out this subparagraph and ensure that consumers are in control of the calls and text messages they receive1 the ,commission shall establish a nationwide unblocking system that includes a database1 to be known as the ,unblocking ,database1 of originating subscribers whose identity the ,commission has confirmed under clause 7ii77,,ii74 7,,ii7 ,funding ,the ,commission shall-- 7aa7 assess a fee on any originating subscriber that wishes to participate in the nationwide unblocking system2 and 7bb7 use amounts collected under item 7aa7 to fund the operation of the nationwide unblocking system4 7,d7 ,private right of action 7i7 ,in general ,a person aggrieved by a violation of the regulations prescribed under clause 7i7 or 7ii7 of subparagraph 7,b7 may bring an action in an appropriate district court of the ,united ,states1 or1 if otherwise permitted by the laws or rules of court of a ,state1 in an appropriate court of that ,state1 to-- 7,i7 enjoin the violation2 or 7,,ii7 recover the greater of-- 7aa7 actual damages2 or 7bb7 #ejj per violation4 7ii7 ,enhanced awards ,if the court finds in an action brought under clause 7i7 that the defendant willfully or knowingly violated the regulations described in that clause1 the court may increase the amount of the award to an amount equal to not more than #c times the amount available under subclause 7,,ii7 of that clause4 7,e7 ,rules of construction 7i7 ,prevention of calls or text messages ,for purposes of a regulation prescribed under this paragraph1 a call or text message attempted to be made or sent to a receiving subscriber shall be considered to be prevented if1 in accordance with the express consent of the receiving subscriber1 the call or text message is recorded or redirected in a manner that allows the receiving subscriber to-- 7,i7 be notified of the attempt to make the call or send the text message2 or 7,,ii7 have access to-- 7aa7 a message left by the calling party2 or 7bb7 the text message4 7ii7 ,blocking caller identification information ,nothing in this paragraph may be construed to require an originating provider to prevent or restrict any person from blocking the capability of any caller identification service to transmit caller identification information4 4 7b7 ,exemptions from misleading or inaccurate caller ,,id prohibition ,section #bbg7;e77#c77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#c77;,b77 is amended by adding at the end the following3 7iii7 ,exemption process for legitimate need ,the regulations required under subparagraph 7,a7 shall provide for a process under which a person may demonstrate that the person has a legitimate need to provide misleading or inaccurate information for certain calls or text messages1 such as a call made or text message sent to conduct an activity of a domestic violence shelter or medical practice4 4 7c7 ,actions by ,states ,section #bbg7;g77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;g77#a77 is amended-- 7#a7 by inserting after regulations prescribed under this section1 the following3 a pattern or practice of failure to provide the technology required under subsection 7d77#d77;,b77i7 that threatens or adversely affects an interest of such residents1 or a pattern or practice of failure to provide to such residents the technology or the options1 as applicable1 required under subsection 7d77#d77;,b77ii712 and 7#b7 by inserting after to enjoin such calls the following3 or such a failure4 7d7 ,regulations ,the ,commission shall prescribe the regulations required under the amendments made by subsections 7a7 and 7b7 not later than #ah months after the date of enactment of this ,act4 7e7 ,effective date ,the amendments made by this section shall take effect on the date that is #ahj days after the date on which the ,commission prescribes regulations under subsection 7d74 #f4 ,intentional interference with call-blocking technology 7a7 ,in general ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7 is amended by adding at the end the following3 7i7 ,intentional interference with call-,blocking technology 7#a7 ,in general ,it shall be unlawful for any person within the ,united ,states1 or any person outside the ,united ,states if the recipient is within the ,united ,states1 with the intent to cause harm1 to take any action that causes the technology offered under subsection 7d77#d77;,b77ii77,,ii7 to-- 7,a7 incorrectly identify calls or text messages as originating or probably originating from an automatic telephone dialing system2 or 7,b7 prevent 7as that term is used in subsection 7d77#d77 the called party from receiving a call1 or the intended recipient from receiving a text message-- 7i7 that is made or sent by a public safety entity1 including a-- 7,i7 public safety answering point 7as defined in section #bbb7;h772 7,,ii7 emergency operations center2 or 7,,iii7 law enforcement agency2 or 7ii7 to which the called party or intended recipient has provided prior express consent4 7#b7 ,penalties2 actions by ,states ,any person who violates this subsection or the regulations prescribed under this subsection shall be subject to the penalties under paragraph 7#e7 of subsection 7e71 and to actions by ,states under paragraph 7#f7 of that subsection1 in the same manner and to the same extent as if the person had violated that subsection or the regulations prescribed under that subsection4 4 7b7 ,deadline for regulations ,the ,commission shall prescribe regulations to implement subsection 7i7 of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as added by this section1 not later than #ah months after the date of enactment of this ,act4 7c7 ,effective date ,the amendment made by this section shall take effect on the date that is #ahj days after the date on which the ,commission prescribes regulations under subsection 7b74 #g4 ,rule of construction ,nothing in this ,act or the amendments made by this ,act shall be construed to limit any authority of the ,commission to determine that1 for purposes of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 a call includes a text message or any similar message4 #h4 ,reports to ,congress 7a7 ,caller name falsification ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall1 in consultation with the ,federal ,trade ,commission1 submit to ,congress and make available on a public website a report containing the findings and conclusions of a study determining how to minimize the extent to which the names of persons making calls or sending text messages are falsified in caller identification name databases4 7b7 ,technology requirements 7#a7 ,in general ,not later than #d years after the date of enactment of this ,act1 and every #d years thereafter until the date of termination described in paragraph 7#b71 the ,commission shall submit to ,congress and make available on a public website a report that contains the following information3 7,a7 ,the extent to which subscribers continue to receive calls or text messages with misleading or inaccurate caller identification information 7except for calls or text messages exempted under clause 7ii7 of section #bbg7;e77#c77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#c77;,b77 or clause 7iii7 of that section 7as added by section #e771 including a quantitative assessment of the difference between the number of complaints made to the ,commission regarding such calls and text messages-- 7i7 before the effective date of the regulations required under paragraph 7#d77;,b7 of section #bbg7;d7 of that ,act1 as added by section #e2 and 7ii7 after the effective date described in clause 7i74 7,b7 ,the extent to which subscribers that choose to enable technology offered under paragraph 7#d77;,b77ii77,,ii7 of section #bbg7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;d771 as added by section #e1 continue to receive calls or text messages originating from an automatic telephone dialing system 7except for calls or text messages from a public safety entity and calls or text messages to which subscribers have provided prior express consent71 including a quantitative assessment of the difference between the number of complaints made to the ,commission regarding such calls and text messages-- 7i7 before the effective date of the regulations required under that paragraph2 and 7ii7 after the effective date described in clause 7i74 7,c7 ,an assessment of-- 7i7 whether the standards set forth in the regulations required under paragraph 7#d77;,b7 of section #bbg7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;d771 as added by section #e1 have been successful in reducing the number of the calls and text messages described in each of subparagraphs 7,a7 and 7,b7 of this paragraph received by subscribers2 and 7ii7 whether there have been any problems with the standards described in clause 7i7 or the technology required by those standards1 such as the prevention of calls or text messages-- 7,i7 from public safety entities2 or 7,,ii7 to which subscribers have provided prior express consent4 7,d7 ,any recommendations for legislative or regulatory action to improve the standards described in subparagraph 7,c74 7#b7 ,termination ,the date of termination described in this paragraph is the date on which the ,commission1 in consultation with the ,federal ,trade ,commission1 determines that the report required under paragraph 7#a7 is no longer necessary because of a substantial reduction in the number of calls and text messages described in each of subparagraphs 7,a7 and 7,b7 of that paragraph4