[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 852 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 852

   To amend the Communications Act of 1934 to provide for additional 
technical and procedural standards for artificial or prerecorded voice 
  telephone messages and the establishment of such standards for live 
                        telephone solicitations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2015

Mr. Schweikert introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to provide for additional 
technical and procedural standards for artificial or prerecorded voice 
  telephone messages and the establishment of such standards for live 
                        telephone solicitations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency in Phone Solicitation 
Act of 2015'' or the ``TIPS Act of 2015''.

SEC. 2. TECHNICAL AND PROCEDURAL STANDARDS.

    (a) In General.--Section 227(d) of the Communications Act of 1934 
(47 U.S.C. 227(d)) is amended--
            (1) in paragraph (1)(A), by inserting ``or to make any live 
        telephone solicitation'' after ``automatic telephone dialing 
        system'' the second place it appears;
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by striking ``or address'' and 
                        inserting ``and address''; and
                            (ii) by striking ``; and'' and inserting 
                        ``and the address of a website that the called 
                        party may use to indicate that such party does 
                        not wish to receive telephone calls from such 
                        business, other entity, or individual;'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) any such system will, to the extent possible, 
                transmit caller identification information (as defined 
                in subsection (e)(8)) that includes--
                            ``(i) the identity of the business, other 
                        entity, or individual initiating the call; and
                            ``(ii) a telephone number that the called 
                        party may use to return the call directly to 
                        such business, other entity, or individual; 
                        and''; and
            (3) by adding at the end the following:
            ``(4) Live telephone solicitations.--
                    ``(A) In general.--The Commission shall prescribe 
                technical and procedural standards for any business, 
                other entity, or individual that makes a live telephone 
                solicitation. Such standards shall require that--
                            ``(i) all such solicitations shall--
                                    ``(I) at the beginning of the call, 
                                state clearly the identity of the 
                                business, other entity, or individual 
                                making the solicitation; and
                                    ``(II) during the call, state 
                                clearly the telephone number and 
                                address of such business, other entity, 
                                or individual and the address of a 
                                website that the called party may use 
                                to indicate that such party does not 
                                wish to receive telephone solicitations 
                                from such business, other entity, or 
                                individual;
                            ``(ii) the business, other entity, or 
                        individual making the solicitation shall, to 
                        the extent possible, transmit caller 
                        identification information (as defined in 
                        subsection (e)(8)) that includes--
                                    ``(I) the identity of such 
                                business, other entity, or individual; 
                                and
                                    ``(II) a telephone number that the 
                                called party may use to return the call 
                                directly to such business, other 
                                entity, or individual; and
                            ``(iii) the business, other entity, or 
                        individual making the solicitation shall 
                        release the called party's line within 5 
                        seconds of the time notification is transmitted 
                        to such business, other entity, or individual 
                        that the called party has hung up, to allow the 
                        called party's line to be used to make or 
                        receive other calls.
                    ``(B) Live telephone solicitation defined.--In this 
                paragraph, the term `live telephone solicitation' means 
                a telephone solicitation--
                            ``(i) in which the business, other entity, 
                        or individual initiating the call does not 
                        employ an artificial or prerecorded voice; and
                            ``(ii) with respect to which such business, 
                        other entity, or individual does not have a 
                        personal relationship (as defined in section 
                        64.1200(f) of title 47, Code of Federal 
                        Regulations) with the called party.''.
    (b) Deadline for Regulations.--Not later than 180 days after the 
date of the enactment of this Act, the Federal Communications 
Commission shall promulgate such regulations and make such revisions to 
its regulations as may be necessary to implement the amendments made by 
subsection (a).
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