#aafth ,,congress #ast ,session ,s4 #aea ,,an ,,act ,to deter criminal robocall violations and improve enforcement of section #bbg7;b7 of the ,communications ,act of #aicd1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,telephone ,robocall ,abuse ,criminal ,enforcement and ,deterrence ,act or the ,,traced ,act4 #b4 ,forfeiture 7a7 ,in general ,section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 7#d7 ,civil forfeiture 7,a7 ,in general ,any person that is determined by the ,commission1 in accordance with paragraph 7#c7 or 7#d7 of section #ejc7;b71 to have violated any provision of this subsection shall be liable to the ,united ,states for a forfeiture penalty pursuant to section #ejc7;b77#a74 ,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 penalty4 ,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 paragraph 7#c7 or 7#d7 of section #ejc7;b74 7,e7 ,statute of limitations ,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 and 7ii7 under subparagraph 7,b7 if the violation charged occurred more than #c 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 and 7#b7 by striking subsection 7h7 and inserting the following3 7h7 ,,tcpa enforcement report ,the ,commission shall submit an annual report to ,congress regarding the enforcement during the preceding year of laws1 regulations1 and policies relating to robocalls and spoofed calls1 which report shall include-- 7#a7 the number of complaints received by the ,commission during the year alleging that a consumer received a robocall or spoofed call2 7#b7 the number of citations issued by the ,commission pursuant to section #ejc during the year to enforce any law1 regulation1 or policy relating to a robocall or spoofed call2 7#c7 the number of notices of apparent liability issued by the ,commission pursuant to section #ejc during the year to enforce any law1 regulation1 or policy relating to a robocall or spoofed call2 and 7#d7 for each notice referred to in paragraph 7#c7-- 7,a7 the amount of the proposed forfeiture penalty involved2 7,b7 the person to whom the notice was issued2 and 7,c7 the status of the proceeding4 4 7b7 ,applicability ,the amendments made by this section shall not affect any action or proceeding commenced before and pending on the date of enactment of this ,act4 7c7 ,deadline for regulations ,the ,federal ,communications ,commission shall prescribe regulations to implement the amendments made by this section not later than #bgj days after the date of enactment of this ,act4 #c4 ,call authentication 7a7 ,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 framework 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 not later than #ah months after the date of enactment of this ,act1 the ,federal ,communications ,commission shall require a provider of voice service to implement the ,,stir_/,,shaken authentication framework in the internet protocol networks of the voice service provider4 7#b7 ,implementation ,the ,federal ,communications ,commission shall not take the action described in paragraph 7#a7 if the ,commission determines that a provider of voice service1 not later than #ab months after the date of enactment of this ,act-- 7,a7 has adopted the ,,stir_/,,shaken authentication framework for calls on the internet protocol networks of the voice service provider2 7,b7 has agreed voluntarily to participate with other providers of voice service in the ,,stir_/,,shaken authentication framework2 7,c7 has begun to implement the ,,stir_/,,shaken authentication framework2 and 7,d7 will be capable of fully implementing the ,,stir_/,,shaken authentication framework not later than #ah months after the date of enactment of this ,act4 7#c7 ,implementation report ,not later than #ab months after the date of enactment of this ,act1 the ,federal ,communications ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the determination required under paragraph 7#b71 which shall include-- 7,a7 an analysis of the extent to which providers of a voice service have implemented the ,,stir_/,,shaken authentication framework1 including whether the availability of necessary equipment and equipment upgrades has impacted such implementation2 and 7,b7 an assessment of the efficacy of the ,,stir_/,,shaken authentication framework1 as being implemented under this section1 in addressing all aspects of call authentication4 7#d7 ,review and revision or replacement ,not later than #c years after the date of enactment of this ,act1 and every #c years thereafter1 the ,federal ,communications ,commission1 after public notice and an opportunity for comment1 shall-- 7,a7 assess the efficacy of the call authentication framework implemented under this section2 7,b7 based on the assessment under subparagraph 7,a71 revise or replace the call authentication framework under this section if the ,commission determines it is in the public interest to do so2 and 7,c7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the findings of the assessment under subparagraph 7,a7 and on any actions to revise or replace the call authentication framework under subparagraph 7,b74 7#e7 ,extension of implementation deadline ,the ,federal ,communications ,commission may extend any deadline for the implementation of a call authentication framework required under this section by #ab months or such further amount of time as the ,commission determines necessary if the ,commission determines that purchasing or upgrading equipment to support call authentication1 or lack of availability of such equipment1 would constitute a substantial hardship in meeting such deadline for a provider or category of providers of voice service4 7c7 ,safe harbor and other regulations 7#a7 ,in general ,the ,federal ,communications ,commission shall 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 framework under subsection 7b72 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 framework under subsection 7b72 and 7,c7 establishing a process to permit a calling party adversely affected by the information provided by the call authentication framework under subsection 7b7 to verify the authenticity of the calling party's calls4 7#b7 ,considerations ,in establishing the safe harbor under paragraph 7#a71 the ,federal ,communications ,commission shall consider limiting the liability of 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 framework under subsection 7b72 7,b7 implemented procedures based1 in whole or in part1 on the information provided by the call authentication framework under subsection 7b72 and 7,c7 used reasonable care4 7d7 ,rule of construction ,nothing in this section shall preclude the ,federal ,communications ,commission from initiating a rulemaking pursuant to its existing statutory authority4 #d4 ,protections from spoofed calls 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and consistent with the call authentication framework under section #c1 the ,federal ,communications ,commission shall initiate a rulemaking to help protect a subscriber from receiving unwanted calls or text messages from a caller using an unauthenticated number4 7b7 ,considerations ,in promulgating rules under subsection 7a71 the ,federal ,communications ,commission shall consider-- 7#a7 the ,government ,accountability ,office report on combating the fraudulent provision of misleading or inaccurate caller identification required by section #ejc7;c7 of division ,p of the ,consolidated ,appropriations ,act #bjah 7,public ,law #aae-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 #e4 ,interagency working group 7a7 ,in general ,the ,attorney ,general1 in consultation with the ,chairman of the ,federal ,communications ,commission1 shall convene an interagency working group to study ,government prosecution of violations of section #bbg7;b7 of the ,communications ,act of #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 ,federal ,communications ,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 inhibits the prevention or prosecution of such violations4 7c7 ,members ,the interagency working group shall be composed of such representatives of ,federal departments and agencies as the ,attorney ,general considers appropriate1 such as-- 7#a7 the ,department of ,commerce2 7#b7 the ,department of ,state2 7#c7 the ,department of ,homeland ,security2 7#d7 the ,federal ,communications ,commission2 7#e7 the ,federal ,trade ,commission2 and 7#f7 the ,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 enactment of this ,act1 the interagency working group shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the findings of the study under subsection 7a71 including-- 7#a7 any recommendations regarding the prevention and prosecution of such violations2 and 7#b7 a description of what 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 enactment of this ,act1 the ,federal ,communications ,commission shall commence a proceeding to determine whether ,federal ,communications ,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 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 ,federal ,communications ,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 7a7 of this section1 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 #ejc of that ,act4 ,a forfeiture penalty under this subsection shall be in addition to any other penalty provided for by law4 ,passed the ,senate ,may #bc 7legislative day1 ,may #bb71 #bjai4,secretary