,i #aafth ,,congress #ast ,session ,h4 ,r4 #idf ,,in ,,the ,,house ,,of ,,representatives ,february #d1 #bjai,mr4 ,pallone 7for himself1 ,ms4 ,eshoo1 ,mr4 ,engel1 ,ms4 ,de,gette1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,ms4 ,matsui1 ,mr4 ,mc,nerney1 ,mr4 ,welch1 ,mr4 ,lujn1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,loebsack1 ,mr4 ,veasey1 ,mr4 ,mc,eachin1 ,mr4 ,soto1 ,mr4 ,o',halleran1 ,mr4 ,connolly1 ,ms4 ,norton1 and ,mr4 ,crist7 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 ,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 first sentence1 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 such 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#g72 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 the 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 ,such regulations shall include such clarifications regarding descriptions of equipment and services as will1 in the judgment of the ,commission1 effectuate the consumer protection purposes of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 prevent circumvention or evasion of such section1 and facilitate compliance with such section4 7d7 ,report to ,congress on text messages ,not later than #fj days after the date of the 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 ,such 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,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 or categories of parties that may make such calls2 7ii7 the classes or categories of parties that may be called2 7iii7 the purposes for which such calls may be made2 7iv7 the number of such 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 such calls from the calling party2 and 7,,ii7 to stop making such 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 the enactment of this ,act1 the ,federal ,communications ,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 meets the requirements of subparagraph 7,i7 of such section1 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 ,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 such 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 ,the ,commission shall ensure that information in the database required by this subparagraph is up-to-date4 7,b7 ,provider participation required ,the ,commission shall require each covered provider to report to the database required by subparagraph 7,a7 the reassignment of any telephone number to or from a subscriber of such provider4 7,c7 ,safe harbor ,beginning on the date of the establishment of the database required by 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 such person1 such 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 such call1 if such person shows that-- 7i7 such person had the prior express consent of such subscriber and such consent had not been revoked as of the time of such call2 7ii7 such person queried such database before making such call1 the query did not show such number as being reassigned from such subscriber1 and such person made such call within a reasonable period of time 7as defined by the ,commission7 after such query2 7iii7 the failure of such query to show such number as being reassigned from such subscriber resulted from an inaccuracy on the part of-- 7,i7 the ,commission or other entity administering such database2 or 7,,ii7 a covered provider in reassigning such number or in making a report to such database about the reassignment of such number2 7iv7 such person did not otherwise know or have any reason to know that such number had been reassigned from such subscriber2 7v7 such 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 such person-- 7,i7 took affirmative steps to correct the internal records of such person with respect to such number2 and 7,,ii7 reported to such database any inaccuracy that such person discovered with respect to such number in such 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 by 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 such terms are defined in subsection 7e77#h774 4 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 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 ,subparagraph 7,e7 of paragraph 7#d7 of subsection 7b7 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 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 #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;b771 as amended by sections #b7;b7 and #d7;a71 is further amended by inserting after paragraph 7#d7 the following3 7#e7 ,no citation required to seek forfeiture penalty ,paragraph 7#e7 of section #ejc7;b7 shall not apply in the case of a 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 sections #b7;b7 and #d7;a7 and subsection 7a77#a7 of this section1 is further amended by inserting after paragraph 7#e7 the following3 7#f7 #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 #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 further 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 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 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 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 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 7d71 and 7e71 and details of each such notice including the 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 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 such subsections1 and details of each case in which such a forfeiture penalty or criminal fine was collected4 7,f7 ,proposals for reducing by half 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 short-duration calls to the total number of robocalls1 and recommendations on how to address such contribution in order to decrease the total number of robocalls4 4 #g4 ,regulations relating to caller identification information authentication standards 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall prescribe regulations in ,,wc ,docket ,no4 #ag-ig4 7b7 ,requirements for caller identification information authentication technology 7#a7 ,in general ,the regulations required by 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 such section2 and 7,b7 prevent a subscriber from receiving a call unless-- 7i7 any caller identification information transmitted in connection with such call is verified as described in subparagraph 7,a72 or 7ii7 no caller identification information is transmitted in connection with such call1 whether because a person has blocked the capability of a caller identification service to transmit such 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 ,such regulations shall require a provider of voice service to-- 7,a7 accept a request from a subscriber of such service1 a calling party1 or another provider of voice service for the caller identification information authentication technology required under paragraph 7#a7 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 such paragraph2 and 7,b7 if such request meets criteria prescribed by the ,commission in such regulations1 grant such request4 7#c7 ,no additional cost to subscribers ,such regulations shall prohibit providers of voice service from making any additional charge to subscribers for the caller identification information authentication technology required under paragraph 7#a74 7c7 ,definitions ,in this section3 7#a7 ,caller identification information ,the term caller identification information has the meaning given such 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 such 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 ,the term voice service has the meaning given such term in section #bbg7;e77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h774 ,this paragraph shall apply before the effective date of the amendment made to such section 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