#aafth ,,congress #ast ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,december #d1 #bjai ,,amendment3 ,that the bill from the ,senate 7,s4 #aea7 entitled ,an ,act to deter criminal robocall violations and improve enforcement of section #bbg7;b7 of the ,communications ,act of #aicd1 and for other purposes41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title ,this ,act may be cited as the ,pallone-,thune ,telephone ,robocall ,abuse ,criminal ,enforcement and ,deterrence ,act or the ,pallone-,thune ,,traced ,act4 #b4 ,commission defined ,in this ,act1 the term ,commission means the ,federal ,communications ,commission4 #c4 ,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 paragraph 7#c7 or 7#d7 of section #ejc7;b71 to have violated this subsection shall be liable to the ,united ,states for a forfeiture penalty pursuant to section #ejc7;b77#a74 ,paragraph 7#e7 of section #ejc7;b7 shall not apply in the case of a violation of this subsection4 ,a forfeiture penalty under this subparagraph shall be in addition to any other penalty provided for by this ,act4 ,the amount of the forfeiture penalty determined under this subparagraph shall be determined in accordance with subparagraphs 7,a7 through 7,f7 of section #ejc7;b77#b74 7,b7 ,violation with intent ,any person that is determined by the ,commission1 in accordance with paragraph 7#c7 or 7#d7 of section #ejc7;b71 to have violated this subsection with the intent to cause such violation shall be liable to the ,united ,states for a forfeiture penalty pursuant to section #ejc7;b77#a74 ,paragraph 7#e7 of section #ejc7;b7 shall not apply in the case of a violation of this subsection4 ,a forfeiture penalty under this subparagraph shall be in addition to any other penalty provided for by this ,act4 ,the amount of the forfeiture penalty determined under this subparagraph shall be equal to an amount determined in accordance with subparagraphs 7,a7 through 7,f7 of section #ejc7;b77#b7 plus an additional penalty not to exceed #aj1jjj4 7,c7 ,recovery ,any forfeiture penalty determined under subparagraph 7,a7 or 7,b7 shall be recoverable under section #ejd7;a74 7,d7 ,procedure ,no forfeiture liability shall be determined under subparagraph 7,a7 or 7,b7 against any person unless such person receives the notice required by section #ejc7;b77#c7 or section #ejc7;b77#d74 7,e7 ,statute of limitations ,notwithstanding paragraph 7#f7 of section #ejc7;b71 no forfeiture penalty shall be determined or imposed against any person-- 7i7 under subparagraph 7,a7 if the violation charged occurred more than #a year prior to the date of issuance of the required notice or notice of apparent liability2 or 7ii7 under subparagraph 7,b7 if the violation charged occurred more than #d years prior to the date of issuance of the required notice or notice of apparent liability4 7,f7 ,rule of construction ,notwithstanding any law to the contrary1 the ,commission may not determine or impose a forfeiture penalty on a person under both subparagraphs 7,a7 and 7,b7 based on the same conduct4 2 7#b7 in subsection 7e77#e77;,a7-- 7,a7 in clause 7ii71 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 subsection42 and 7,b7 in clause 7iv7-- 7i7 in the heading1 by striking #b-year and inserting #d-year2 and 7ii7 by striking #b years and inserting #d years2 and 7#c7 by striking subsection 7h7 and inserting the following3 7h7 ,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 #e 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 #d7;a7 of the ,pallone-,thune ,,traced ,act74 4 7b7 ,applicability ,the amendments made by this section shall not affect any action or proceeding commenced before and pending on the date of the enactment of this ,act4 7c7 ,deadline for regulations ,the ,commission shall prescribe regulations to implement the amendments made by this section not later than #bgj days after the date of the enactment of this ,act4 #d4 ,call authentication 7a7 ,definitions ,in this section3 7#a7 ,,stir_/,,shaken authentication framework ,the term ,,stir_/,,shaken authentication framework means the secure telephone identity revisited and signature-based handling of asserted information using tokens standards proposed by the information and communications technology industry4 7#b7 ,voice service ,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-- 7i7 transmissions from a telephone facsimile machine1 computer1 or other device to a telephone facsimile machine2 and 7ii7 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 7b7 ,authentication frameworks 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 and in accordance with paragraph 7#f71 not later than #ah months after the date of the enactment of this ,act1 the ,commission shall-- 7,a7 require a provider of voice service to implement the ,,stir_/,,shaken authentication framework in the internet protocol networks of the provider of voice service2 and 7,b7 require a provider of voice service to take reasonable measures to implement an effective call authentication framework in the non-internet protocol networks of the provider of voice service4 7#b7 ,implementation ,the ,commission shall not take the action described in paragraph 7#a7 with respect to a provider of voice service if the ,commission determines1 not later than #ab months after the date of the enactment of this ,act1 that such provider of voice service-- 7,a7 in internet protocol networks-- 7i7 has adopted the ,,stir_/,,shaken authentication framework for calls on the internet protocol networks of the provider of voice service2 7ii7 has agreed voluntarily to participate with other providers of voice service in the ,,stir_/,,shaken authentication framework2 7iii7 has begun to implement the ,,stir_/,,shaken authentication framework2 and 7iv7 will be capable of fully implementing the ,,stir_/,,shaken authentication framework not later than #ah months after the date of the enactment of this ,act2 and 7,b7 in non-internet protocol networks-- 7i7 has taken reasonable measures to implement an effective call authentication framework2 and 7ii7 will be capable of fully implementing an effective call authentication framework not later than #ah months after the date of the enactment of this ,act4 7#c7 ,implementation report ,not later than #ab months after the date of the enactment of this ,act1 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 ,senate a report on the determination required under paragraph 7#b71 which shall include-- 7,a7 an analysis of the extent to which providers of voice service have implemented the call authentication frameworks described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 including whether the availability of necessary equipment and equipment upgrades has impacted such implementation2 and 7,b7 an assessment of the efficacy of the call authentication frameworks described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 in addressing all aspects of call authentication4 7#d7 ,review and revision or replacement ,not later than #c years after the date of the enactment of this ,act1 and every #c years thereafter1 the ,commission1 after public notice and an opportunity for comment1 shall-- 7,a7 assess the efficacy of the technologies used for call authentication frameworks implemented under this section2 7,b7 based on the assessment under subparagraph 7,a71 revise or replace the call authentication frameworks under this section if the ,commission determines it is in the public interest to do so2 and 7,c7 submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings of the assessment under subparagraph 7,a7 and on any actions to revise or replace the call authentication frameworks under subparagraph 7,b74 7#e7 ,extension of implementation deadline 7,a7 ,burdens and barriers to implementation ,not later than #ab months after the date of the enactment of this ,act1 and as appropriate thereafter1 the ,commission-- 7i7 shall assess any burdens or barriers to the implementation required by paragraph 7#a71 including-- 7,i7 for providers of voice service to the extent the networks of such providers use time-division multiplexing2 7,,ii7 for small providers of voice service and those in rural areas2 and 7,,iii7 the inability to purchase or upgrade equipment to support the call authentication frameworks under this section1 or lack of availability of such equipment2 and 7ii7 in connection with an assessment under clause 7i71 may1 upon a public finding of undue hardship1 delay required compliance with the #ah-month time period described in paragraph 7#a71 for a reasonable period of time1 for a provider or class of providers of voice service1 or type of voice calls1 as necessary for that provider or class of providers or type of calls to participate in the implementation in order to address the identified burdens and barriers4 7,b7 ,delay of compliance required for certain non-internet protocol networks ,subject to subparagraphs 7,c7 through 7,f71 for any provider or class of providers of voice service1 or type of voice calls1 only to the extent that such a provider or class of providers of voice service1 or type of voice calls1 materially relies on a non-internet protocol network for the provision of such service or calls1 the ,commission shall grant a delay of required compliance under subparagraph 7,a77ii7 until a call authentication protocol has been developed for calls delivered over non-internet protocol networks and is reasonably available4 7,c7 ,robocall mitigation program 7i7 ,program required ,during the time of a delay of compliance granted under subparagraph 7,a77ii71 the ,commission shall require1 pursuant to the authority of the ,commission1 that any provider subject to such delay shall implement an appropriate robocall mitigation program to prevent unlawful robocalls from originating on the network of the provider4 7ii7 ,additional requirements ,if the consortium registered under section #ac7;d7 identifies a provider of voice service that is subject to a delay of compliance granted under subparagraph 7,a77ii7 as repeatedly originating large-scale unlawful robocall campaigns1 the ,commission shall require such provider to take action to ensure that such provider does not continue to originate such calls4 7iii7 ,minimization of burden ,the ,commission shall make reasonable efforts to minimize the burden of any robocall mitigation required pursuant to clause 7ii71 which may include prescribing certain specific robocall mitigation practices for providers of voice service that have repeatedly originated large-scale unlawful robocall campaigns4 7,d7 ,full participation ,the ,commission shall take reasonable measures to address any issues in an assessment under subparagraph 7,a77i7 and enable as promptly as reasonable full participation of all classes of providers of voice service and types of voice calls to receive the highest level of trust4 ,such measures shall include1 without limitation1 as appropriate1 limiting or terminating a delay of compliance granted to a provider under subparagraph 7,b7 if the ,commission determines in such assessment that the provider is not making reasonable efforts to develop the call authentication protocol described in such subparagraph4 7,e7 ,alternative methodologies ,the ,commission shall identify1 in consultation with small providers of voice service and those in rural areas1 alternative effective methodologies to protect customers from unauthenticated calls during any delay of compliance granted under subparagraph 7,a77ii74 7,f7 ,revision of delay of compliance ,not less frequently than annually after the first delay of compliance is granted under subparagraph 7,a77ii71 the ,commission-- 7i7 shall consider revising or extending any delay of compliance granted under subparagraph 7,a77ii72 7ii7 may revise such delay of compliance2 and 7iii7 shall issue a public notice with regard to whether such delay of compliance remains necessary1 including-- 7,i7 why such delay of compliance remains necessary2 and 7,,ii7 when the ,commission expects to achieve the goal of full participation as described in subparagraph 7,d74 7#f7 ,no additional cost to consumers or small business customers ,the ,commission shall prohibit providers of voice service from adding any additional line item charges to consumer or small business customer subscribers for the effective call authentication technology required under paragraph 7#a74 7#g7 ,accurate identification ,not later than #ab months after the date of the enactment of this ,act1 the ,commission shall issue best practices that providers of voice service may use as part of the implementation of effective call authentication frameworks under paragraph 7#a7 to take steps to ensure the calling party is accurately identified4 7c7 ,safe harbor and other regulations 7#a7 ,in general ,consistent with the regulations prescribed under subsection 7j7 of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as added by section #aj1 the ,commission shall1 not later than #a year after the date of the enactment of this ,act1 promulgate rules-- 7,a7 establishing when a provider of voice service may block a voice call based1 in whole or in part1 on information provided by the call authentication frameworks under subsection 7b71 with no additional line item charge2 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 based1 in whole or in part1 on information provided by the call authentication frameworks under subsection 7b72 7,c7 establishing a process to permit a calling party adversely affected by the information provided by the call authentication frameworks under subsection 7b7 to verify the authenticity of the calling party's calls2 and 7,d7 ensuring that calls originating from a provider of voice service in an area where the provider is subject to a delay of compliance with the time period described in subsection 7b77#a7 are not unreasonably blocked because the calls are not able to be authenticated4 7#b7 ,considerations ,in establishing the safe harbor under paragraph 7#a71 consistent with the regulations prescribed under subsection 7j7 of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as added by section #aj1 the ,commission shall consider limiting the liability of a provider of voice service based on the extent to which the provider of voice service-- 7,a7 blocks or identifies calls based1 in whole or in part1 on the information provided by the call authentication frameworks under subsection 7b72 7,b7 implemented procedures based1 in whole or in part1 on the information provided by the call authentication frameworks under subsection 7b72 and 7,c7 used reasonable care1 including making all reasonable efforts to avoid blocking emergency public safety calls4 7d7 ,rule of construction ,nothing in this section shall preclude the ,commission from initiating a rulemaking pursuant to its existing statutory authority4 #e4 ,interagency working group 7a7 ,in general ,the ,attorney ,general1 in consultation with the ,chairman of the ,commission1 shall convene an interagency working group to study ,government prosecution of violations of section #bbg7;b7 of the ,communications ,act of #aicd 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 laws1 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 countries 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 ,commission2 7,d7 whether extending civil enforcement authority 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 common carrier regulated under title ,,ii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bja et seq47 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 inhibit 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 ,commission2 7#e7 the ,federal ,trade ,commission2 and 7#f7 the ,bureau of ,consumer ,financial ,protection4 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 #bgj days after the date of the enactment of this ,act1 the interagency working group shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate 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 progress1 if any1 relevant ,federal departments and agencies have made in implementing the recommendations under paragraph 7#a74 #f4 ,access to number resources 7a7 ,in general 7#a7 ,examination of ,,fcc policies ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall commence a proceeding to determine how ,commission policies regarding access to number resources1 including number resources for toll-free and non-toll-free telephone numbers1 could be modified1 including by establishing registration and compliance obligations1 and requirements that providers of voice service given access to number resources take sufficient steps to know the identity of the customers of such providers1 to help reduce access to numbers by potential perpetrators of violations of section #bbg7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b774 7#b7 ,regulations ,if the ,commission determines under paragraph 7#a7 that modifying the policies described in that paragraph could help achieve the goal described in that paragraph1 the ,commission shall prescribe regulations to implement those policy modifications4 7b7 ,authority ,any person who knowingly1 through an employee1 agent1 officer1 or otherwise1 directly or indirectly1 by or through any means or device whatsoever1 is a party to obtaining number resources1 including number resources for toll-free and non-toll-free telephone numbers1 from a common carrier regulated under title ,,ii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bja et seq471 in violation of a regulation prescribed under subsection 7a71 shall1 notwithstanding section #ejc7;b77#e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejc7;b77#e771 be subject to a forfeiture penalty under section #ejc7;b7 of that ,act 7#dg ,u4,s4,c4 #ejc7;b774 ,a forfeiture penalty under this subsection shall be in addition to any other penalty provided for by law4 #g4 ,protections from spoofed calls 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and consistent with the call authentication frameworks under section #d1 the ,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 ,commission shall consider-- 7#a7 the ,government ,accountability ,office report on combating the fraudulent provision of misleading or inaccurate caller identification information required by section #ejc7;c7 of division ,p of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada72 7#b7 the best means of ensuring that a subscriber or provider has the ability to block calls from a caller using an unauthenticated ,north ,american ,numbering ,plan number2 7#c7 the impact on the privacy of a 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 #h4 ,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 ,commission 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 #i4 ,report on reassigned number database 7a7 ,report to ,congress ,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 7b7 ,contents ,the report required by subsection 7a7 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 paragraph 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 #aj4 ,stop robocalls 7a7 ,information sharing regarding robocall and spoofing violations ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7 is amended by adding at the end the following3 7i7 ,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 ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg71 as amended by subsection 7a71 is further amended by adding at the end the following3 7j7 ,robocall blocking service 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 or opt-in 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 consumers and no additional charge to callers for resolving complaints related to erroneously blocked calls2 and 7,c7 make all reasonable efforts to avoid blocking emergency public safety calls4 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 ,vo,i,p 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 7i7 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 7j7 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 #aa4 ,provision of evidence of certain robocall violations to ,attorney ,general 7a7 ,in general ,if the ,chief of the ,enforcement ,bureau of the ,commission obtains evidence that suggests a willful1 knowing1 and repeated robocall violation with an intent to defraud1 cause harm1 or wrongfully obtain anything of value1 the ,chief of the ,enforcement ,bureau shall provide such evidence to the ,attorney ,general4 7b7 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall publish on its website and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that-- 7#a7 states the number of instances during the preceding year in which the ,chief of the ,enforcement ,bureau provided the evidence described in subsection 7a7 to the ,attorney ,general2 and 7#b7 contains a general summary of the types of robocall violations to which such evidence relates4 7c7 ,rules of construction ,nothing in this section shall be construed to affect the ability of the ,commission or the ,chief of the ,enforcement ,bureau under other law-- 7#a7 to refer a matter to the ,attorney ,general2 or 7#b7 to pursue or continue pursuit of an enforcement action in a matter with respect to which the ,chief of the ,enforcement ,bureau provided the evidence described in subsection 7a7 to the ,attorney ,general4 7d7 ,robocall violation defined ,in this section1 the term robocall violation means a violation of subsection 7b7 or 7e7 of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg74 #ab4 ,protection from one-ring scams 7a7 ,initiation of proceeding ,not later than #abj days after the date of the enactment of this ,act1 the ,commission shall initiate a proceeding to protect called parties from one-ring scams4 7b7 ,matters ,to be considered ,as part of the proceeding required by subsection 7a71 the ,commission shall consider how the ,commission can-- 7#a7 work with ,federal and ,state law enforcement agencies to address one-ring scams2 7#b7 work with the governments of foreign countries to address one-ring scams2 7#c7 in consultation with the ,federal ,trade ,commission1 better educate consumers about how to avoid one-ring scams2 7#d7 incentivize voice service providers to stop calls made to perpetrate one-ring scams from being received by called parties1 including consideration of adding identified one-ring scam type numbers to the ,commission's existing list of permissible categories for carrier-initiated blocking2 7#e7 work with entities that provide call-blocking services to address one-ring scams2 and 7#f7 establish obligations on international gateway providers that are the first point of entry for these calls into the ,united ,states1 including potential requirements that such providers verify with the foreign originator the nature or purpose of calls before initiating service4 7c7 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall publish on its website and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the status of the proceeding required by subsection 7a74 7d7 ,definitions ,in this section3 7#a7 ,one-ring scam ,the term one-ring scam means a scam in which a caller makes a call and allows the call to ring the called party for a short duration1 in order to prompt the called party to return the call1 thereby subjecting the called party to charges4 7#b7 ,state ,the term ,state has the meaning given such term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#c7 ,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 #ac4 ,annual robocall report 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall make publicly available on the website of the ,commission1 and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 a report on the status of private-led efforts to trace back the origin of suspected unlawful robocalls by the registered consortium and the participation of voice service providers in such efforts4 7b7 ,contents of report ,the report required under subsection 7a7 shall include1 at minimum1 the following3 7#a7 ,a description of private-led efforts to trace back the origin of suspected unlawful robocalls by the registered consortium and the actions taken by the registered consortium to coordinate with the ,commission4 7#b7 ,a list of voice service providers identified by the registered consortium that participated in private-led efforts to trace back the origin of suspected unlawful robocalls through the registered consortium4 7#c7 ,a list of each voice service provider that received a request from the registered consortium to participate in private-led efforts to trace back the origin of suspected unlawful robocalls and refused to participate1 as identified by the registered consortium4 7#d7 ,the reason1 if any1 each voice service provider identified by the registered consortium provided for not participating in private-led efforts to trace back the origin of suspected unlawful robocalls4 7#e7 ,a description of how the ,commission may use the information provided to the ,commission by voice service providers or the registered consortium that have participated in private-led efforts to trace back the origin of suspected unlawful robocalls in the enforcement efforts by the ,commission4 7c7 ,additional information ,not later than #baj days after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall issue a notice to the public seeking additional information from voice service providers and the registered consortium of private-led efforts to trace back the origin of suspected unlawful robocalls necessary for the report by the ,commission required under subsection 7a74 7d7 ,registration of consortium of private-,led efforts ,to trace back the origin of suspected unlawful robocalls 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,commission shall issue rules to establish a registration process for the registration of a single consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls4 ,the consortium shall meet the following requirements3 7,a7 ,be a neutral third party competent to manage the private-led effort to trace back the origin of suspected unlawful robocalls in the judgement of the ,commission4 7,b7 ,maintain a set of written best practices about the management of such efforts and regarding providers of voice services' participation in private-led efforts to trace back the origin of suspected unlawful robocalls4 7,c7 ,consistent with section #bbb7;d77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb7;d77#b771 any private-led efforts to trace back the origin of suspected unlawful robocalls conducted by the third party focus on fraudulent1 abusive1 or unlawful traffic4 7,d7 ,file a notice with the ,commission that the consortium intends to conduct private-led efforts to trace back in advance of such registration4 7#b7 ,annual notice by the ,commission seeking registrations ,not later than #abj days after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall issue a notice to the public seeking the registration described in paragraph 7#a74 7e7 ,list of voice service providers ,the ,commission may publish a list of voice service providers and take appropriate enforcement action based on information obtained from the consortium about voice service providers that refuse to participate in private-led efforts to trace back the origin of suspected unlawful robocalls1 and other information the ,commission may collect about voice service providers that are found to originate or transmit substantial amounts of unlawful robocalls4 7f7 ,definitions ,in this section3 7#a7 ,private-led effort to trace back ,the term private-led effort to trace back means an effort made by the registered consortium of voice service providers to establish a methodology for determining the origin of a suspected unlawful robocall4 7#b7 ,registered consortium ,the term registered consortium means the consortium registered under subsection 7d74 7#c7 ,suspected unlawful robocall ,the term suspected unlawful robocall means a call that the ,commission or a voice service provider reasonably believes was made in violation of subsection 7b7 or 7e7 of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg74 7#d7 ,voice service ,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-- 7i7 transmissions from a telephone facsimile machine1 computer1 or other device to a telephone facsimile machine2 and 7ii7 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 #ad4 ,hospital ,robocall ,protection ,group 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall establish an advisory committee to be known as the ,hospital ,robocall ,protection ,group4 7b7 ,membership ,the ,group shall be composed only of the following members3 7#a7 ,an equal number of representatives from each of the following3 7,a7 ,voice service providers that serve hospitals4 7,b7 ,companies that focus on mitigating unlawful robocalls4 7,c7 ,consumer advocacy organizations4 7,d7 ,providers of one-way voice over internet protocol services described in subsection 7e77#c77;,b77ii74 7,e7 ,hospitals4 7,f7 ,state government officials focused on combating unlawful robocalls4 7#b7 ,one representative of the ,commission4 7#c7 ,one representative of the ,federal ,trade ,commission4 7c7 ,issuance of best practices ,not later than #ahj days after the date on which the ,group is established under subsection 7a71 the ,group shall issue best practices regarding the following3 7#a7 ,how voice service providers can better combat unlawful robocalls made to hospitals4 7#b7 ,how hospitals can better protect themselves from such calls1 including by using unlawful robocall mitigation techniques4 7#c7 ,how the ,federal ,government and ,state governments can help combat such calls4 7d7 ,proceeding by ,,fcc ,not later than #ahj days after the date on which the best practices are issued by the ,group under subsection 7c71 the ,commission shall conclude a proceeding to assess the extent to which the voluntary adoption of such best practices can be facilitated to protect hospitals and other institutions4 7e7 ,definitions ,in this section3 7#a7 ,group ,the term ,group means the ,hospital ,robocall ,protection ,group established under subsection 7a74 7#b7 ,state ,the term ,state has the meaning given such term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#c7 ,voice service ,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-- 7i7 transmissions from a telephone facsimile machine1 computer1 or other device to a telephone facsimile machine2 and 7ii7 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 #ae4 ,separability ,clause ,if any provision of this ,act1 the amendments made by this ,act1 or the application thereof to any person or circumstance is held invalid1 the remainder of this ,act1 the amendments made by this ,act1 and the application of such provision to other persons or circumstances shall not be affected thereby4 ,clerk4