[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3026 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3026

   To amend the Communications Act of 1934 to expand and clarify the 
  prohibition on inaccurate caller identification information and to 
     require providers of telephone service to offer technology to 
 subscribers to reduce the incidence of unwanted telephone calls, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2016

  Mr. Schumer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to expand and clarify the 
  prohibition on inaccurate caller identification information and to 
     require providers of telephone service to offer technology to 
 subscribers to reduce the incidence of unwanted telephone calls, and 
                          for other purposes.

    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 ``Repeated Objectionable Bothering of 
Consumers on Phones Act'' or the ``ROBOCOP Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The incidence of unwanted telephone calls is a 
        nationwide nuisance.
            (2) In 2015, the Federal Trade Commission received more 
        than 3,500,000 complaints about unwanted telephone calls.
            (3) Telephone scammers target vulnerable consumers, 
        particularly the elderly.
            (4) The national ``do-not-call'' registry has effectively 
        addressed unwanted telephone calls from legitimate companies, 
        but consumers continue to be subject to unwanted calls 
        originating from sources outside the United States and 
        illegitimate operators.
            (5) Unwanted telephone calls cost consumers an estimated 
        $350,000,000 in 2011.
            (6) Existing Federal law is inadequate to address this 
        problem.
            (7) Preventing unwanted telephone calls from reaching 
        consumers requires--
                    (A) identifying which calls are unwanted; and
                    (B) giving the consumers the ability to block or 
                filter such calls.

SEC. 3. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID 
              INFORMATION.

    (a) Communications From Outside United States.--Section 227(e)(1) 
of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by 
inserting ``or any person outside the United States if the recipient is 
within the United States,'' after ``United States,''.
    (b) Text Messaging Service.--Section 227(e)(8) of the 
Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended--
            (1) in subparagraph (A), by inserting ``or a text message 
        sent using a text messaging service'' before the period at the 
        end;
            (2) in subparagraph (B), in the first sentence, by 
        inserting ``or a text message sent using a text messaging 
        service'' before the period at the end; and
            (3) by adding at the end the following:
                    ``(D) Text message.--The term `text message'--
                            ``(i) means a real-time or near real-time 
                        digital message consisting of text, images, 
                        sounds, or other information that is 
                        transmitted from or received by a device that 
                        is identified as the transmitting or receiving 
                        device by means of a telephone number;
                            ``(ii) includes--
                                    ``(I) a short message service 
                                (commonly known as `SMS') message;
                                    ``(II) an enhanced message service 
                                (commonly known as `EMS') message; and
                                    ``(III) a multimedia message 
                                service (commonly known as `MMS') 
                                message; and
                            ``(iii) does not include a real-time, 2-way 
                        voice or video communication.
                    ``(E) Text messaging service.--The term `text 
                messaging service' means a service that permits the 
                transmission or receipt of a text message, including a 
                service provided as part of or in connection with a 
                telecommunications service or an IP-enabled voice 
                service.''.
    (c) Regulations.--
            (1) In general.--Section 227(e)(3)(A) of the Communications 
        Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking 
        ``Not later than 6 months after the date of enactment of the 
        Truth in Caller ID Act of 2009, the Commission'' and inserting 
        ``The Commission''.
            (2) Deadline.--Not later than 18 months after the date of 
        enactment of this Act, the Federal Communications Commission 
        shall prescribe regulations to implement the amendments made by 
        this section.
    (d) Effective Date.--The amendments made by this section shall 
apply beginning on the date that is 180 days after the date on which 
the Federal Communications Commission prescribes regulations under 
subsection (c)(2).

SEC. 4. TECHNOLOGY REQUIREMENTS.

    (a) In General.--Section 227(d) of the Communications Act of 1934 
(47 U.S.C. 227(d)) is amended by adding at the end the following:
            ``(4) Technology offered by providers.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `IP-enabled voice service' 
                        has the meaning given the term in subsection 
                        (e)(8);
                            ``(ii) the term `originating provider' 
                        means a provider of telecommunications service 
                        or a provider of IP-enabled voice service that 
                        permits a subscriber to originate a call that 
                        may be transmitted on the public switched 
                        telephone network; and
                            ``(iii) the term `receiving provider' means 
                        a provider of telecommunications service or a 
                        provider of IP-enabled voice service that 
                        permits a subscriber to receive a call 
                        originating or that may be transmitted on the 
                        public switched telephone network.
                    ``(B) Requirements to offer technology.--The 
                Commission shall prescribe regulations establishing 
                technical and procedural standards that require--
                            ``(i) any originating provider to enable, 
                        for each subscriber of the provider and for no 
                        additional charge, technology that verifies, 
                        for any telephone call originated by the 
                        subscriber, that the caller identification 
                        information indicated for the call accurately 
                        identifies the subscriber unless--
                                    ``(I) the subscriber establishes a 
                                legitimate need under subparagraph (C) 
                                to provide misleading or inaccurate 
                                information for certain calls, such as 
                                for a call made to conduct an activity 
                                of a domestic violence shelter or a 
                                medical practice; or
                                    ``(II) the call is exempted under 
                                subsection (e)(3)(B)(ii) from the 
                                prohibition under subsection (e)(1); 
                                and
                            ``(ii) any receiving provider, for each 
                        subscriber of the provider and for no 
                        additional charge--
                                    ``(I) to enable, and to offer the 
                                option to disable, technology that--
                                            ``(aa) determines whether 
                                        an incoming telephone call is 
                                        verified by the technology 
                                        enabled under clause (i) as 
                                        providing caller identification 
                                        information that accurately 
                                        identifies the person 
                                        originating the call;
                                            ``(bb) if the incoming 
                                        telephone call is verified as 
                                        described in item (aa), allows 
                                        the subscriber to receive the 
                                        call; and
                                            ``(cc) if the incoming 
                                        telephone call is not verified 
                                        as described in item (aa), 
                                        prevents the subscriber from 
                                        receiving the call; and
                                    ``(II) to offer the option to 
                                enable technology that--
                                            ``(aa) identifies an 
                                        incoming telephone call as 
                                        originating or probably 
                                        originating from an automatic 
                                        telephone dialing system or as 
                                        using or probably using an 
                                        artificial or prerecorded 
                                        voice; and
                                            ``(bb) prevents the 
                                        subscriber from receiving such 
                                        a call unless the call is made 
                                        by a public safety entity, 
                                        including a public safety 
                                        answering point, as defined in 
                                        section 222(h), an emergency 
                                        operations center, or a law 
                                        enforcement agency, or unless 
                                        the subscriber provides prior 
                                        express consent to receive the 
                                        call.
                    ``(C) Exemption process.--The standards established 
                under subparagraph (B)(i) shall provide for a process 
                by which--
                            ``(i) a subscriber may demonstrate to the 
                        originating provider that--
                                    ``(I) the subscriber has a 
                                legitimate need, under subclause (I) of 
                                that subparagraph, to provide 
                                misleading or inaccurate caller 
                                identification information for certain 
                                calls; or
                                    ``(II) some or all of the calls of 
                                the subscriber are exempted, under the 
                                regulations prescribed under subsection 
                                (e)(3)(B)(ii), from the prohibition 
                                under subsection (e)(1); and
                            ``(ii) the originating provider shall 
                        ensure, if the provider makes a favorable 
                        determination with respect to the calls 
                        described in subclause (I) or (II) of clause 
                        (i), that the technology enabled under 
                        subparagraph (B)(i) verifies those calls as 
                        originating from the subscriber.
                    ``(D) Appeals process.--The standards established 
                under subparagraph (B)(ii)(II) shall provide for an 
                appeals process by which--
                            ``(i) a person may notify a receiving 
                        provider that the technology offered by the 
                        provider under that subparagraph--
                                    ``(I) incorrectly identifies the 
                                telephone calls of that person as--
                                            ``(aa) originating or 
                                        probably originating from an 
                                        automatic telephone dialing 
                                        system; or
                                            ``(bb) using or probably 
                                        using an artificial or 
                                        prerecorded voice; or
                                    ``(II) prevents subscribers from 
                                receiving calls originated by that 
                                person that are permitted under item 
                                (bb) of that subparagraph; and
                            ``(ii) the receiving provider so notified 
                        shall, if the provider finds that the 
                        technology offered by the provider incorrectly 
                        identifies the telephone calls of the person in 
                        a manner described in clause (i)(I) or prevents 
                        subscribers from receiving calls in a manner 
                        described in clause (i)(II), take such action 
                        as is reasonably necessary to correct that 
                        incorrect identification or allow for the 
                        receipt of those calls, respectively.
                    ``(E) Private right of action.--
                            ``(i) In general.--A person may bring an 
                        action, in an appropriate district court of the 
                        United States, or, if otherwise permitted by 
                        the laws or rules of court of a State, in an 
                        appropriate court of that State--
                                    ``(I) to enjoin a violation of the 
                                regulations prescribed under clause (i) 
                                or (ii) of subparagraph (B); or
                                    ``(II) to recover the greater of--
                                            ``(aa) the actual monetary 
                                        loss from such a violation; or
                                            ``(bb) $500 in damages for 
                                        each such violation.
                            ``(ii) Enhanced awards.--If a court finds 
                        that the defendant in an action under clause 
                        (i) willfully or knowingly violated the 
                        regulations described in subclause (I) of that 
                        clause, the court may increase the amount of 
                        the award to an amount equal to not more than 3 
                        times the amount available under clause 
                        (i)(II).
                    ``(F) Rules of construction.--
                            ``(i) Prevention of calls.--For purposes of 
                        a regulation prescribed under this paragraph, a 
                        call shall be considered to be prevented even 
                        if the call is recorded or redirected in a 
                        manner that allows the called party to--
                                    ``(I) be notified of the attempt to 
                                make the call; or
                                    ``(II) have access to a message 
                                left by the calling party.
                            ``(ii) Blocking caller identification 
                        information.--Nothing in this paragraph may be 
                        construed to require an originating provider to 
                        prevent or restrict any person from blocking 
                        the capability of any caller identification 
                        service to transmit caller identification 
                        information.''.
    (b) Actions by States.--Section 227(g)(1) of the Communications Act 
of 1934 (47 U.S.C. 227(g)(1)) is amended, in the first sentence--
            (1) by inserting after ``to residents of that State'' the 
        following: ``, a pattern or practice of failure to provide the 
        technology required under clause (i) of subsection (d)(4)(B) 
        that threatens or adversely affects an interest of those 
        residents, or a pattern or practice of failure to provide to 
        those residents the technology or the options, as applicable, 
        required under clause (ii) of that subsection,''; and
            (2) by inserting after ``to enjoin such calls'' the 
        following: ``or such a failure''.
    (c) Regulations.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Federal Communications Commission 
        shall prescribe the regulations required under section 
        227(d)(4) of the Communications Act of 1934, as added by 
        subsection (a).
            (2) Effective date.--The regulations described in paragraph 
        (1) shall apply beginning on the date that is 180 days after 
        the date on which the Federal Communications Commission 
        prescribes those regulations.

SEC. 5. INTENTIONAL INTERFERENCE WITH CALL-BLOCKING TECHNOLOGY.

    (a) In General.--Section 227 of the Communications Act of 1934 (47 
U.S.C. 227) is amended by adding at the end the following:
    ``(i) Intentional Interference With Call-Blocking Technology.--
            ``(1) In general.--It shall be unlawful for any person 
        within the United States, or any person outside the United 
        States if the recipient is within the United States, with the 
        intent to cause harm, to take any action that causes the 
        technology offered under subsection (d)(4)(B)(ii)(II) to--
                    ``(A) incorrectly identify telephone calls as--
                            ``(i) originating or probably originating 
                        from an automatic telephone dialing system; or
                            ``(ii) using or probably using an 
                        artificial or prerecorded voice; or
                    ``(B) prevent, as that term is used in subsection 
                (d)(4), the called party from receiving a call--
                            ``(i) made by a public safety entity, 
                        including--
                                    ``(I) a public safety answering 
                                point, as defined in section 222(h);
                                    ``(II) an emergency operations 
                                center; or
                                    ``(III) a law enforcement agency; 
                                or
                            ``(ii) to which the called party has 
                        provided prior express consent.
            ``(2) Penalties; actions by states.--Any person who 
        violates this subsection or the regulations prescribed under 
        this subsection shall be subject to the penalties under 
        paragraph (5) of subsection (e), and to actions by States under 
        paragraph (6) of that subsection, in the same manner and to the 
        same extent as if the person had violated subsection (e) or the 
        regulations prescribed under that subsection.''.
    (b) Deadline for Regulations.--Not later than 18 months after the 
date of enactment of this Act, the Federal Communications Commission 
shall prescribe regulations to implement section 227(i) of the 
Communications Act of 1934, as added by subsection (a).
    (c) Effective Date of Regulations.--Section 227(i) of the 
Communications Act of 1934, as added by subsection (a), shall apply 
beginning on the date that is 180 days after the date on which the 
Federal Communications Commission prescribes regulations under 
subsection (b).

SEC. 6. REPORTS TO CONGRESS.

    (a) Caller Name Falsification.--Not later than 180 days after the 
date of enactment of this Act, the Federal Communications Commission 
shall, in consultation with the Federal Trade Commission, submit to 
Congress and make available on a public website a report containing the 
findings and conclusions of a study determining how to minimize the 
extent to which caller names are falsified in caller identification 
name databases.
    (b) Technology Requirements.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, and every 4 years thereafter until the 
        date of termination described in paragraph (2), the Federal 
        Communications Commission shall submit to Congress and make 
        available on a public website a report that--
                    (A) analyzes the extent to which subscribers--
                            (i) continue to receive calls with 
                        misleading or inaccurate caller identification 
                        information, except for calls from entities 
                        with a legitimate need to provide inaccurate 
                        caller identification information and calls 
                        exempted under section 227(e)(3)(B)(ii) of the 
                        Communications Act of 1934 (47 U.S.C. 
                        227(e)(3)(B)(ii)), including a quantitative 
                        assessment of the change in the number of 
                        complaints made to the Commission regarding 
                        those calls--
                                    (I) before the effective date 
                                described in section 4(c)(2) of this 
                                Act; and
                                    (II) after that effective date; and
                            (ii) that choose to enable technology 
                        offered under section 227(d)(4)(B)(ii)(II) of 
                        the Communications Act of 1934, as added by 
                        section 4(a), continue to receive calls 
                        originating from an automatic telephone dialing 
                        system or using an artificial or prerecorded 
                        voice, except for calls from public safety 
                        entities and calls to which subscribers have 
                        provided prior express consent, including a 
                        quantitative assessment of the change in the 
                        number of complaints made to the Commission 
                        regarding those calls--
                                    (I) before the effective date 
                                described in section 4(c)(2) of this 
                                Act; and
                                    (II) after that effective date;
                    (B) assesses whether--
                            (i) the standards set forth in the 
                        regulations described in section 4(c)(1) have 
                        been successful in reducing the number of the 
                        calls described in clauses (i) and (ii) of 
                        subparagraph (A) of this paragraph received by 
                        subscribers; and
                            (ii) there have been any problems with 
                        those standards or the technology required by 
                        those standards, such as the prevention of 
                        calls from public safety entities or calls to 
                        which subscribers have provided prior express 
                        consent; and
                    (C) contains any recommendations for legislative or 
                regulatory action to improve the standards described in 
                subparagraph (B).
            (2) Termination.--The date of termination described in this 
        paragraph is the date on which the Federal Communications 
        Commission, in consultation with the Federal Trade Commission, 
        determines that the report required under paragraph (1) is no 
        longer necessary because of a substantial reduction in the 
        number of calls described in each of clauses (i) and (ii) of 
        paragraph (1)(A).
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