,i #aafth ,,congress #ast ,session ,h4 ,r4 #ccge ,,in ,,the ,,house ,,of ,,representatives ,june #bj1 #bjai,mr4 ,pallone 7for himself1 ,mr4 ,walden1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 and ,mr4 ,latta7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,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 ,consumer protection regulations relating to making robocalls ,not later than #f months after the date of the enactment of this ,act1 and as appropriate thereafter to ensure that the consumer protection and privacy purposes of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7 remain effective1 the ,commission shall prescribe such regulations1 or amend such existing regulations1 as necessary to clarify such descriptions of automatic telephone dialing systems and calls made using an artificial or prerecorded voice as will1 in the judgment of the ,commission1 ensure that-- 7#a7 the consumer protection and privacy purposes of such section are effectuated2 7#b7 calls made and text messages sent using automatic telephone dialing systems and calls made using an artificial or prerecorded voice are made or sent 7as the case may be7 with consent1 unless exempted by paragraph 7#a71 7#b77;,b71 or 7#b77;,c7 of subsection 7b7 of such section2 7#c7 consumers can withdraw consent for such calls and text messages2 7#d7 circumvention or evasion of such section is prevented2 7#e7 callers maintain records to demonstrate that such callers have obtained consent1 unless exempted by paragraph 7#a71 7#b77;,b71 or 7#b77;,c7 of subsection 7b7 of such section1 for such calls and text messages1 for a period of time that will permit the ,commission to effectuate the consumer protection and privacy purposes of such section2 and 7#f7 compliance with such section is facilitated4 #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,g77ii71 by striking 2 and 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 of parties that may make such calls2 7ii7 the classes of parties that may be called2 and 7iii7 the number of such calls that a calling party may make to a particular called party4 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 the enactment of this ,act1 the ,commission1 shall1 not later than #a year after such date of enactment1 prescribe such regulations1 or amend such existing regulations1 as necessary to ensure that such exemption contains each requirement described in subparagraph 7,i7 of such section1 as added by subsection 7a74 ,to the extent such an exemption contains such a requirement before such date of enactment1 nothing in this section or the amendments made by this section shall be construed to require the ,commission to prescribe or amend regulations relating to such requirement4 #d4 ,report on reassigned number database 7a7 ,report to ,congress 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall submit to ,congress1 and make publicly available on the website of the ,commission1 a report on the status of the efforts of the ,commission pursuant to the ,second ,report and ,order in the matter of ,advanced ,methods to ,target and ,eliminate ,unlawful ,robocalls 7,,cg ,docket ,no4 #ag-ei2 ,,fcc #ah-agg2 adopted on ,december #ab1 #bjah74 7#b7 ,contents ,the report required by paragraph 7#a7 shall describe the efforts of the ,commission1 as described in such ,second ,report and ,order1 to ensure-- 7,a7 the establishment of a database of telephone numbers that have been disconnected1 in order to provide a person making calls subject to section #bbg7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b77 with comprehensive and timely information to enable such person to avoid making calls without the prior express consent of the called party because the number called has been reassigned2 7,b7 that a person who wishes to use any safe harbor provided pursuant to such ,second ,report and ,order with respect to making calls must demonstrate that1 before making the call1 the person appropriately checked the most recent update of the database and the database reported that the number had not been disconnected2 and 7,c7 that if the person makes the demonstration described in subparagraph 7,b71 the person will be shielded from liability under section #bbg7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b77 should the database return an inaccurate result4 7b7 ,clarification of definition of called party 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 or customary user 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 7#c7 ,effective date ,the amendments made by this subsection shall apply beginning on the date on which the ,commission establishes the database described in the ,second ,report and ,order in the matter of ,advanced ,methods to ,target and ,eliminate ,unlawful ,robocalls 7,,cg ,docket ,no4 #ag-ei2 ,,fcc #ah-agg2 adopted on ,december #ab1 #bjah74 #e4 ,enforcement 7a7 ,no citation required ,to seek forfeiture penalty 7#a7 ,for robocall violations ,section #bbg7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b77 is amended by adding at the end the following3 7#d7 ,no citation required to seek forfeiture penalty ,paragraph 7#e7 of section #ejc7;b7 shall not apply in the case of a violation made with the intent to cause such violation of this subsection4 4 7#b7 ,for caller identification information violations ,section #bbg7;e77#e77;,a77iii7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#e77;,a77iii77 is amended by adding at the end the following3 ,paragraph 7#e7 of section #ejc7;b7 shall not apply in the case of a violation of this subsection44 7b7 #d-,year statute of limitations 7#a7 ,for robocall violations ,section #bbg7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b771 as amended by subsection 7a71 is further amended by adding at the end the following3 7#e7 #d-year statute of limitations ,notwithstanding paragraph 7#f7 of section #ejc7;b71 no forfeiture penalty for violation of this subsection shall be determined or imposed against any person if the violation charged occurred more than-- 7,a7 #c years prior to the date of issuance of the notice required by paragraph 7#c7 of such section or the notice of apparent liability required by paragraph 7#d7 of such section 7as the case may be72 or 7,b7 if the violation was made with the intent to cause such violation1 #d years prior to the date of issuance of the notice required by paragraph 7#c7 of such section or the notice of apparent liability required by paragraph 7#d7 of such section 7as the case may be74 4 7#b7 ,for caller identification information violations ,section #bbg7;e77#e77;,a77iv7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#e77;,a77iv77 is amended-- 7,a7 in the heading1 by striking #b-year and inserting #d-year2 and 7,b7 by striking #b years and inserting #d years4 #f4 ,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 the enactment of this subsection1 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 7c71 7d71 and 7e7 during the preceding calendar year4 7#b7 ,matters for inclusion ,each report required by paragraph 7#a7 shall include the following3 7,a7 ,the number of complaints received by the ,commission during each of the preceding five calendar years1 for each of the following categories3 7i7 ,complaints alleging that a consumer received a call in violation of subsection 7b7 or 7c74 7ii7 ,complaints alleging that a consumer received a call 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 pursuant to section #ejc7;b7 during the preceding calendar year to enforce subsection 7d71 and details of each such citation4 7,c7 ,the number of notices of apparent liability issued by the ,commission pursuant to section #ejc7;b7 during the preceding calendar year to enforce subsections 7b71 7c71 7d71 and 7e71 and details of each such notice including any proposed forfeiture amount4 7,d7 ,the number of final orders imposing forfeiture penalties issued pursuant to section #ejc7;b7 during the preceding calendar year to enforce such subsections1 and details of each such order including the 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 such subsections1 and details of each case in which such a forfeiture penalty or criminal fine was collected4 7,f7 ,proposals for reducing the number of calls made in violation of such subsections4 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 unlawful1 short-duration calls to the total number of calls made in violation of such subsections1 and recommendations on how to address such contribution in order to decrease the total number of calls made in violation of such subsections4 7#c7 ,no additional reporting required ,the ,commission shall prepare the report required by paragraph 7#a7 without requiring the provision of additional information from providers of telecommunications service or voice service 7as defined in section #g7;d7 of the ,stopping ,bad ,robocalls ,act74 4 #g4 ,regulations relating to effective call authentication technology 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall prescribe regulations in ,,wc ,docket ,no4 #ag-ig4 7b7 ,requirements for effective call authentication technology 7#a7 ,in general ,the regulations required by subsection 7a7 shall-- 7,a7 require providers of voice service to implement1 within six months after the date on which such regulations are prescribed1 an effective call authentication technology2 and 7,b7 ensure that voice service providers that have implemented the effective authentication technology attest that such provider has determined1 when originating calls on behalf of a calling party1 that the calling party number transmitted with such calls has been appropriately authenticated4 7#b7 ,reassessment of regulations ,the ,commission shall reassess such regulations1 at least once every two years1 to ensure the regulations remain effective and up to date with technological capabilities4 7#c7 ,exemption 7,a7 ,burdens and barriers to implementation ,the ,commission-- 7i7 shall include findings on any burdens or barriers to the implementation required in paragraph 7#a71 including-- 7,i7 for providers of voice service to the extent the networks of such providers use time-division multiplexing2 and 7,,ii7 for small providers of voice service and those in rural areas2 and 7ii7 in connection with such findings1 may exempt from the #f-month time period described in paragraph 7#a77;,a71 for a reasonable period of time a class of providers of voice service1 or type of voice calls1 as necessary for that class of providers or type of calls to participate in the implementation in order to address the identified burdens and barriers4 7,b7 ,full participation ,the ,commission shall take all steps necessary to address any issues in the findings and enable as promptly as possible full participation of all classes of providers of voice service and types of voice calls to receive the highest level of attestation4 7,c7 ,alternative methodologies ,the ,commission shall identify or develop1 in consultation with small providers of service and those in rural areas1 alternative effective methodologies to protect customers from unauthenticated calls during any exemption given under subparagraph 7,a77ii74 ,such methodologies shall be provided with no additional line item charge to customers4 7,d7 ,revision of exemption ,not less frequently than annually after the first exemption is issued under this paragraph1 the ,commission shall consider revising or extending any exemption made1 may revise such exemption1 and shall issue a public notice with regard to whether such exemption remains necessary4 7#d7 ,accurate identification ,the regulations required by subsection 7a7 shall include guidelines that providers of voice service may use as part of the implementation of effective call authentication technology under paragraph 7#a7 to take steps to ensure the calling party is accurately identified4 7#e7 ,no additional cost to consumers or small business customers ,the regulations required by subsection 7a7 shall prohibit providers of voice service from making any additional line item charges to consumer or small business customer subscribers for the effective call authentication technology required under paragraph 7#a74 7#f7 ,evaluation ,not later than #b years after the date of enactment of this ,act1 and consistent with the regulations prescribed under subsection 7a71 the ,commission shall initiate an evaluation of the success of the effective call authentication technology required under paragraph 7#a74 7#g7 ,unauthenticated calls ,the ,commission shall-- 7,a7 in the regulations required by subsection 7a71 consistent with the regulations prescribed under subsection 7k7 of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as added by section #h1 help protect subscribers from receiving unwanted calls from a caller using an unauthenticated number1 through effective means of enabling the subscriber or provider to block such calls1 with no additional line item charge to the subscriber2 and 7,b7 take appropriate steps to ensure that calls originating from a provider of service in an area where the provider is exempt from the #f-month time period described in paragraph 7#a77;,a7 are not wrongly blocked because the calls are not able to be authenticated4 7c7 ,report ,not later than #f months after the date on which the regulations under subsection 7a7 are prescribed1 the ,commission shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on its website1 a report on the implementation of subsection 7b71 which shall include-- 7#a7 an analysis of the extent to which providers of a voice service have implemented the effective call authentication technology1 including whether the availability of necessary equipment and equipment upgrades has impacted such implementation2 and 7#b7 an assessment of the effective call authentication technology1 as being implemented under subsection 7b71 in addressing all aspects of call authentication4 7d7 ,voice service defined ,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 7commonly known as ,,cpe7 and permits out-bound calling1 whether or not the service is one-way or two-way voice over internet protocol4 #h4 ,stop robocalls 7a7 ,information sharing regarding robocall and spoofing violations ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as amended by section #f1 is further amended by adding at the end the following3 7j7 ,information sharing 7#a7 ,in general ,not later than #ah months after the date of the enactment of this subsection1 the ,commission shall prescribe regulations to establish a process that streamlines the ways in which a private entity may voluntarily share with the ,commission information relating to-- 7,a7 a call made or a text message sent in violation of subsection 7b72 or 7,b7 a call or text message for which misleading or inaccurate caller identification information was caused to be transmitted in violation of subsection 7e74 7#b7 ,text message defined ,in this subsection1 the term text message has the meaning given such term in subsection 7e77#h74 4 7b7 ,robocall blocking service with opt-,out customer approval ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as amended by section #f and subsection 7a7 of this section1 is further amended by adding at the end the following3 7k7 ,robocall blocking service with opt-,out customer approval 7#a7 ,in general ,not later than #a year after the date of the enactment of this subsection1 the ,commission shall take a final agency action to ensure the robocall blocking services provided on an opt-out basis pursuant to the ,declaratory ,ruling of the ,commission in the matter of ,advanced ,methods to ,target and ,eliminate ,unlawful ,robocalls 7,,cg ,docket ,no4 #ag-ei2 ,,fcc #ai-ea2 adopted on ,june #f1 #bjai7-- 7,a7 are provided with transparency and effective redress options for both-- 7i7 consumers2 and 7ii7 callers2 and 7,b7 are provided with no additional line item charge to consumers4 7#b7 ,text message defined ,in this subsection1 the term text message has the meaning given such term in subsection 7e77#h74 4 7c7 ,study on information requirements for certain vo,i,p service providers 7#a7 ,in general ,the ,commission shall conduct a study regarding whether to require a provider of covered ,vo,i,p service to-- 7,a7 provide to the ,commission contact information for such provider and keep such information current2 and 7,b7 retain records relating to each call transmitted over the covered ,vo,i,p service of such provider that are sufficient to trace such call back to the source of such call4 7#b7 ,report to congress ,not later than #ah months after the date of the enactment of this ,act1 the ,commission shall submit to ,congress a report on the results of the study conducted under paragraph 7#a74 7#c7 ,covered voip service defined ,in this subsection1 the term covered ,vo,i,p service means a service that-- 7,a7 is an interconnected ,vo,i,p service 7as defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec772 or 7,b7 would be an interconnected ,vo,i,p service 7as so defined7 except that the service permits users to terminate calls to the public switched telephone network but does not permit users to receive calls that originate on the public switched telephone network4 7d7 ,transitional rule regarding definition of text message ,paragraph 7#b7 of subsection 7j7 of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as added by subsection 7a7 of this section1 and paragraph 7#b7 of subsection 7k7 of such section #bbg1 as added by subsection 7b7 of this section1 shall apply before the effective date of the amendment made to subsection 7e77#h7 of such section #bbg by subparagraph 7,c7 of section #ejc7;a77#b7 of division ,p of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada7 as if such amendment was already in effect4 #i4 ,commission defined ,in this ,act1 the term ,commission means the ,federal ,communications ,commission4