[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3375 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 133
116th CONGRESS
  1st Session
                                H. R. 3375

                          [Report No. 116-173]

To amend the Communications Act of 1934 to clarify the prohibitions on 
               making robocalls, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 2019

     Mr. Pallone (for himself, Mr. Walden, Mr. Michael F. Doyle of 
 Pennsylvania, and Mr. Latta) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

                             July 23, 2019

Additional sponsors: Ms. Eshoo, Ms. Matsui, Ms. Castor of Florida, Mr. 
McNerney, Mr. Welch, Mr. Lujan, Mr. Tonko, Ms. Clarke of New York, Mr. 
  Loebsack, Mr. Schrader, Mr. Cardenas, Mrs. Dingell, Mr. Veasey, Mr. 
McEachin, Mr. Soto, Mr. O'Halleran, Mr. Long, Mr. Walberg, Mr. Guthrie, 
Mr. Bilirakis, Mrs. Rodgers of Washington, Mr. Burgess, Mrs. Brooks of 
    Indiana, Ms. Underwood, Mr. Doggett, Mr. Gonzalez of Texas, Mr. 
 McAdams, Ms. Schakowsky, Mr. Engel, Mr. Rush, Mr. Ruiz, Ms. Kelly of 
     Illinois, Mr. Shimkus, Mr. Flores, Mr. Carter of Georgia, Mr. 
 Gianforte, Mr. Griffith, Ms. DeGette, Mrs. Lowey, Mr. Allen, Mr. Kim, 
 Mr. Bishop of Georgia, Ms. Clark of Massachusetts, Mr. Lipinski, Mr. 
 Rose of New York, Mr. Brindisi, Mr. Cohen, Mr. Suozzi, Mr. Carbajal, 
  Ms. Wasserman Schultz, Mr. Fitzpatrick, Mr. Fulcher, Mr. Upton, Mr. 
Olson, Mr. Cooper, Mr. DeFazio, Mr. Cuellar, Ms. Norton, Ms. Velazquez, 
Mr. McKinley, Mr. Sarbanes, Mr. Scott of Virginia, Ms. Finkenauer, Ms. 
    Pingree, Ms. Haaland, Mr. Sablan, Mr. Lowenthal, Mrs. Davis of 
 California, Mr. Hastings, Mr. Kinzinger, Mr. McGovern, Ms. Meng, Mr. 
  Delgado, Mr. Thompson of California, Mr. Bost, Mrs. Napolitano, Mr. 
 Butterfield, Mr. Fortenberry, Ms. Dean, Mr. Crist, Mr. Connolly, Mr. 
 Trone, Mr. Fleischmann, Mr. Cisneros, Mr. Danny K. Davis of Illinois, 
 Mr. Langevin, Ms. Kuster of New Hampshire, Mr. Cox of California, Mr. 
Gottheimer, Ms. Wild, Mr. Van Drew, Mr. Case, Ms. DelBene, Mr. Levin of 
Michigan, Mrs. Watson Coleman, Mr. Kildee, Mr. Pascrell, Mr. Horsford, 
     Mrs. Trahan, Mr. Ruppersberger, Mr. Panetta, Mrs. McBath, Ms. 
  Spanberger, Mr. Heck, Ms. Stevens, Mr. Malinowski, Ms. Brownley of 
   California, Mr. Allred, Ms. Slotkin, Mr. Peters, Mr. Smucker, Mr. 
     Rogers of Kentucky, Mr. Peterson, Mr. Grothman, Mr. Levin of 
California, Ms. McCollum, Mr. Larsen of Washington, Mr. Ryan, Mr. Kind, 
  Ms. Shalala, Mrs. Lesko, Mr. Wittman, Ms. Sherrill, Mr. Lynch, Mr. 
Courtney, Mr. DeSaulnier, Mr. Perlmutter, Mr. Price of North Carolina, 
  Mr. Sires, Mr. Lewis, Ms. Barragan, Mr. Ted Lieu of California, Mr. 
  David Scott of Georgia, Mr. Rice of South Carolina, Mr. Swalwell of 
California, Mr. Khanna, Mr. Cummings, Ms. Craig, Mr. Smith of Nebraska, 
  Mr. Norcross, Mr. Rouda, Mr. Grijalva, Mrs. Axne, Mr. Serrano, Mr. 
Bucshon, Mr. Kennedy, Mr. Payne, Mr. Johnson of Ohio, Mr. Yarmuth, Mr. 
    Smith of New Jersey, Mr. Schiff, Mr. Neguse, Ms. Sanchez, Mrs. 
Walorski, Ms. Hill of California, Mr. Schneider, Mr. Meeks, Mr. Nadler, 
 Mr. Meadows, Mrs. Torres of California, Mr. Keating, Mr. Huffman, Mr. 
 Beyer, Ms. Torres Small of New Mexico, Mr. Buchanan, Mr. Chabot, Mr. 
    Balderson, Mr. Wright, Mr. Kustoff of Tennessee, Mr. Cline, Mr. 
Cunningham, Mr. Rutherford, Mr. Larson of Connecticut, Mr. Pappas, Mr. 
   Johnson of Georgia, Ms. Speier, Mr. Lawson of Florida, Ms. Blunt 
Rochester, Mr. Carson of Indiana, Mr. Costa, Mr. Morelle, Ms. Bonamici, 
Ms. Cheney, Mr. Burchett, Mr. Stewart, Mr. Riggleman, Mr. Stauber, Mr. 
 David P. Roe of Tennessee, Mr. Mitchell, Ms. Kaptur, Mr. Curtis, Ms. 
 Scanlon, Mrs. Bustos, Mr. Thompson of Mississippi, Mr. Hagedorn, Mr. 
Wilson of South Carolina, Ms. Garcia of Texas, Mrs. Beatty, Ms. Porter, 
Mr. Green of Texas, Mrs. Luria, Mr. Quigley, Mr. Kilmer, Ms. Houlahan, 
  Ms. Frankel, Mrs. Kirkpatrick, Ms. Herrera Beutler, Mr. Brady, Mr. 
    LaHood, Mr. Hurd of Texas, Ms. Wilson of Florida, Mr. Harder of 
 California, Mr. Budd, Mr. Calvert, Mr. John W. Rose of Tennessee, Mr. 
 Meuser, Mr. Reschenthaler, Ms. Titus, Mr. Lamb, Mr. Johnson of South 
Dakota, Mr. Taylor, Mr. Kevin Hern of Oklahoma, Mr. Gosar, Ms. Judy Chu 
 of California, Mrs. Murphy, Mr. Keller, Mr. Higgins of New York, Mr. 
Casten of Illinois, Mr. Clay, Ms. Fudge, Mr. Blumenauer, Mr. Jeffries, 
                Mr. Brown of Maryland, and Mr. Garamendi


                             July 23, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               20, 2019]


_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to clarify the prohibitions on 
               making robocalls, 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 ``Stopping Bad Robocalls Act''.

SEC. 2. CONSUMER PROTECTION REGULATIONS RELATING TO MAKING ROBOCALLS.

    Not later than 6 months after the date of the enactment of this 
Act, and as appropriate thereafter to ensure that the consumer 
protection and privacy purposes of section 227 of the Communications 
Act of 1934 (47 U.S.C. 227) remain effective, the Commission shall 
prescribe such regulations, or amend such existing regulations, 
regarding calls made or text messages sent using automatic telephone 
dialing systems and calls made using an artificial or prerecorded voice 
as will, in the judgment of the Commission, clarify descriptions of 
automatic telephone dialing systems and ensure that--
            (1) the consumer protection and privacy purposes of such 
        section are effectuated;
            (2) calls made and text messages sent using automatic 
        telephone dialing systems and calls made using an artificial or 
        prerecorded voice are made or sent (as the case may be) with 
        consent, unless consent is not required under or the call or 
        text message is exempted by paragraph (1), (2)(B), or (2)(C) of 
        subsection (b) of such section;
            (3) consumers can withdraw consent for such calls and text 
        messages;
            (4) circumvention or evasion of such section is prevented;
            (5) callers maintain records to demonstrate that such 
        callers have obtained consent, unless consent is not required 
        under or the call or text message is exempted by paragraph (1), 
        (2)(B), or (2)(C) of subsection (b) of such section, for such 
        calls and text messages, for a period of time that will permit 
        the Commission to effectuate the consumer protection and 
        privacy purposes of such section; and
            (6) compliance with such section is facilitated.

SEC. 3. CONSUMER PROTECTIONS FOR EXEMPTIONS.

    (a) In General.--Section 227(b)(2) of the Communications Act of 
1934 (47 U.S.C. 227(b)(2)) is amended--
            (1) in subparagraph (G)(ii), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (H), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(I) shall ensure that any exemption under 
                subparagraph (B) or (C) contains requirements for calls 
                made in reliance on the exemption with respect to--
                            ``(i) the classes of parties that may make 
                        such calls;
                            ``(ii) the classes of parties that may be 
                        called; and
                            ``(iii) the number of such calls that a 
                        calling party may make to a particular called 
                        party.''.
    (b) Deadline for Regulations.--In the case of any exemption issued 
under subparagraph (B) or (C) of section 227(b)(2) of the 
Communications Act of 1934 (47 U.S.C. 227(b)(2)) before the date of the 
enactment of this Act, the Commission, shall, not later than 1 year 
after such date of enactment, prescribe such regulations, or amend such 
existing regulations, as necessary to ensure that such exemption 
contains each requirement described in subparagraph (I) of such 
section, as added by subsection (a). To the extent such an exemption 
contains such a requirement before such date of enactment, 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 requirement.

SEC. 4. REPORT ON REASSIGNED NUMBER DATABASE.

    (a) Report to Congress.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall submit to 
        Congress, and make publicly available on the website of the 
        Commission, 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 (CG Docket No. 17-59; FCC 18-177; adopted on December 
        12, 2018).
            (2) Contents.--The report required by paragraph (1) shall 
        describe the efforts of the Commission, as described in such 
        Second Report and Order, to ensure--
                    (A) the establishment of a database of telephone 
                numbers that have been disconnected, in order to 
                provide a person making calls subject to section 227(b) 
                of the Communications Act of 1934 (47 U.S.C. 227(b)) 
                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 reassigned;
                    (B) 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 that, before 
                making the call, the person appropriately checked the 
                most recent update of the database and the database 
                reported that the number had not been disconnected; and
                    (C) that if the person makes the demonstration 
                described in subparagraph (B), the person will be 
                shielded from liability under section 227(b) of the 
                Communications Act of 1934 (47 U.S.C. 227(b)) should 
                the database return an inaccurate result.
    (b) Clarification of Definition of Called Party.--
            (1) In general.--Section 227(a) of the Communications Act 
        of 1934 (47 U.S.C. 227(a)) is amended by adding at the end the 
        following:
            ``(6) The term `called party' means, with respect to a 
        call, the current subscriber or customary user of the telephone 
        number to which the call is made, determined at the time when 
        the call is made.''.
            (2) Conforming amendments.--Section 227(d)(3)(B) of the 
        Communications Act of 1934 (47 U.S.C. 227(d)(3)(B)) is 
        amended--
                    (A) by striking ``called party's line'' each place 
                it appears and inserting ``telephone line called''; and
                    (B) by striking ``called party has hung up'' and 
                inserting ``answering party has hung up''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply beginning on the date on which the database 
        described in the Second Report and Order in the matter of 
        Advanced Methods to Target and Eliminate Unlawful Robocalls (CG 
        Docket No. 17-59; FCC 18-177; adopted on December 12, 2018) 
        becomes fully operational, such that a person may check the 
        database to determine the last date of permanent disconnection 
        associated with a phone number. Nothing in the amendments made 
        by this subsection shall affect the construction of the law as 
        it applies before the effective date.

SEC. 5. ENFORCEMENT.

    (a) No Citation Required to Seek Forfeiture Penalty.--
            (1) For robocall violations.--Section 227(b) of the 
        Communications Act of 1934 (47 U.S.C. 227(b)) is amended by 
        adding at the end the following:
            ``(4) No citation required to seek forfeiture penalty.--
        Paragraph (5) of section 503(b) shall not apply in the case of 
        a violation made with the intent to cause such violation of 
        this subsection.''.
            (2) For caller identification information violations.--
        Section 227(e)(5)(A)(iii) of the Communications Act of 1934 (47 
        U.S.C. 227(e)(5)(A)(iii)) is amended by adding at the end the 
        following: ``Paragraph (5) of section 503(b) shall not apply in 
        the case of a violation of this subsection.''.
    (b) 4-year Statute of Limitations.--
            (1) For robocall violations.--Section 227(b) of the 
        Communications Act of 1934 (47 U.S.C. 227(b)), as amended by 
        subsection (a), is further amended by adding at the end the 
        following:
            ``(5) 4-year statute of limitations.--Notwithstanding 
        paragraph (6) of section 503(b), no forfeiture penalty for 
        violation of this subsection shall be determined or imposed 
        against any person if the violation charged occurred more 
        than--
                    ``(A) 3 years prior to the date of issuance of the 
                notice required by paragraph (3) of such section or the 
                notice of apparent liability required by paragraph (4) 
                of such section (as the case may be); or
                    ``(B) if the violation was made with the intent to 
                cause such violation, 4 years prior to the date of 
                issuance of the notice required by paragraph (3) of 
                such section or the notice of apparent liability 
                required by paragraph (4) of such section (as the case 
                may be).''.
            (2) For caller identification information violations.--
        Section 227(e)(5)(A)(iv) of the Communications Act of 1934 (47 
        U.S.C. 227(e)(5)(A)(iv)) is amended--
                    (A) in the heading, by striking ``2-year'' and 
                inserting ``4-year''; and
                    (B) by striking ``2 years'' and inserting ``4 
                years''.
    (c) Increased Penalty for Robocall Violations With Intent.--Section 
227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)), as amended 
by subsections (a) and (b), is further amended by adding at the end the 
following:
            ``(6) Increased penalty for violations with intent.--In the 
        case of a forfeiture penalty for violation of this subsection 
        that is determined or imposed under section 503(b), if such 
        violation was made with the intent to cause such violation, the 
        amount of such penalty shall be equal to an amount determined 
        in accordance with subparagraphs (A) through (F) of section 
        503(b)(2) plus an additional penalty not to exceed $10,000.''.

SEC. 6. ANNUAL REPORT TO CONGRESS.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is 
amended by adding at the end the following:
    ``(i) Annual Report to Congress on Robocalls and Transmission of 
Misleading or Inaccurate Caller Identification Information.--
            ``(1) Report required.--Not later than 1 year after the 
        date of the enactment of this subsection, and annually 
        thereafter, the Commission, after consultation with the Federal 
        Trade Commission, shall submit to Congress a report regarding 
        enforcement by the Commission of subsections (b), (c), (d), and 
        (e) during the preceding calendar year.
            ``(2) Matters for inclusion.--Each report required by 
        paragraph (1) shall include the following:
                    ``(A) The number of complaints received by the 
                Commission during each of the preceding five calendar 
                years, for each of the following categories:
                            ``(i) Complaints alleging that a consumer 
                        received a call in violation of subsection (b) 
                        or (c).
                            ``(ii) Complaints alleging that a consumer 
                        received a call in violation of the standards 
                        prescribed under subsection (d).
                            ``(iii) Complaints alleging that a consumer 
                        received a call in connection with which 
                        misleading or inaccurate caller identification 
                        information was transmitted in violation of 
                        subsection (e).
                    ``(B) The number of citations issued by the 
                Commission pursuant to section 503(b) during the 
                preceding calendar year to enforce subsection (d), and 
                details of each such citation.
                    ``(C) The number of notices of apparent liability 
                issued by the Commission pursuant to section 503(b) 
                during the preceding calendar year to enforce 
                subsections (b), (c), (d), and (e), and details of each 
                such notice including any proposed forfeiture amount.
                    ``(D) The number of final orders imposing 
                forfeiture penalties issued pursuant to section 503(b) 
                during the preceding calendar year to enforce such 
                subsections, and details of each such order including 
                the forfeiture imposed.
                    ``(E) The amount of forfeiture penalties or 
                criminal fines collected, during the preceding calendar 
                year, by the Commission or the Attorney General for 
                violations of such subsections, and details of each 
                case in which such a forfeiture penalty or criminal 
                fine was collected.
                    ``(F) Proposals for reducing the number of calls 
                made in violation of such subsections.
                    ``(G) An analysis of the contribution by providers 
                of interconnected VoIP service and non-interconnected 
                VoIP service that discount high-volume, unlawful, 
                short-duration calls to the total number of calls made 
                in violation of such subsections, and recommendations 
                on how to address such contribution in order to 
                decrease the total number of calls made in violation of 
                such subsections.
            ``(3) No additional reporting required.--The Commission 
        shall prepare the report required by paragraph (1) without 
        requiring the provision of additional information from 
        providers of telecommunications service or voice service (as 
        defined in section 7(d) of the Stopping Bad Robocalls Act).''.

SEC. 7. REGULATIONS RELATING TO EFFECTIVE CALL AUTHENTICATION 
              TECHNOLOGY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall prescribe regulations in WC Docket 
No. 17-97.
    (b) Requirements for Effective Call Authentication Technology.--
            (1) In general.--The regulations required by subsection (a) 
        shall--
                    (A) require providers of voice service to 
                implement, within six months after the date on which 
                such regulations are prescribed, an effective call 
                authentication technology; and
                    (B) ensure that voice service providers that have 
                implemented the effective authentication technology 
                attest that such provider has determined, when 
                originating calls on behalf of a calling party, that 
                the calling party number transmitted with such calls 
                has been appropriately authenticated.
            (2) Reassessment of regulations.--The Commission shall 
        reassess such regulations, at least once every two years, to 
        ensure the regulations remain effective and up to date with 
        technological capabilities.
            (3) Exemption.--
                    (A) Burdens and barriers to implementation.--The 
                Commission--
                            (i) shall include findings on any burdens 
                        or barriers to the implementation required in 
                        paragraph (1), including--
                                    (I) for providers of voice service 
                                to the extent the networks of such 
                                providers use time-division 
                                multiplexing; and
                                    (II) for small providers of voice 
                                service and those in rural areas; and
                            (ii) in connection with such findings, may 
                        exempt from the 6-month time period described 
                        in paragraph (1)(A), for a reasonable period of 
                        time a class of providers of voice service, or 
                        type of voice calls, as necessary for that 
                        class of providers or type of calls to 
                        participate in the implementation in order to 
                        address the identified burdens and barriers.
                    (B) Full participation.--The Commission shall take 
                all steps necessary to address any issues in the 
                findings and enable as promptly as possible full 
                participation of all classes of providers of voice 
                service and types of voice calls to receive the highest 
                level of attestation.
                    (C) Alternative methodologies.--The Commission 
                shall identify or develop, in consultation with small 
                providers of service and those in rural areas, 
                alternative effective methodologies to protect 
                customers from unauthenticated calls during any 
                exemption given under subparagraph (A)(ii). Such 
                methodologies shall be provided with no additional line 
                item charge to customers.
                    (D) Revision of exemption.--Not less frequently 
                than annually after the first exemption is issued under 
                this paragraph, the Commission shall consider revising 
                or extending any exemption made, may revise such 
                exemption, and shall issue a public notice with regard 
                to whether such exemption remains necessary.
            (4) Accurate identification.--The regulations required by 
        subsection (a) shall include guidelines that providers of voice 
        service may use as part of the implementation of effective call 
        authentication technology under paragraph (1) to take steps to 
        ensure the calling party is accurately identified.
            (5) No additional cost to consumers or small business 
        customers.--The regulations required by subsection (a) shall 
        prohibit providers of voice service from making any additional 
        line item charges to consumer or small business customer 
        subscribers for the effective call authentication technology 
        required under paragraph (1).
            (6) Evaluation.--Not later than 2 years after the date of 
        enactment of this Act, and consistent with the regulations 
        prescribed under subsection (a), the Commission shall initiate 
        an evaluation of the success of the effective call 
        authentication technology required under paragraph (1).
            (7) Unauthenticated calls.--The Commission shall--
                    (A) in the regulations required by subsection (a), 
                consistent with the regulations prescribed under 
                subsection (k) of section 227 of the Communications Act 
                of 1934 (47 U.S.C. 227), as added by section 8, help 
                protect subscribers from receiving unwanted calls from 
                a caller using an unauthenticated number, through 
                effective means of enabling the subscriber or provider 
                to block such calls, with no additional line item 
                charge to the subscriber; and
                    (B) take appropriate steps to ensure that calls 
                originating from a provider of service in an area where 
                the provider is exempt from the 6-month time period 
                described in paragraph (1)(A) are not wrongly blocked 
                because the calls are not able to be authenticated.
    (c) Report.--Not later than 6 months after the date on which the 
regulations under subsection (a) are prescribed, the Commission shall 
submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and make publicly available on its 
website, a report on the implementation of subsection (b), which shall 
include--
            (1) an analysis of the extent to which providers of a voice 
        service have implemented the effective call authentication 
        technology, including whether the availability of necessary 
        equipment and equipment upgrades has impacted such 
        implementation; and
            (2) an assessment of the effective call authentication 
        technology, as being implemented under subsection (b), in 
        addressing all aspects of call authentication.
    (d) Voice Service Defined.--In this section, the term ``voice 
service''--
            (1) 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 
        251(e)(1) of the Communications Act of 1934 (47 U.S.C. 
        251(e)(1)); and
            (2) includes--
                    (A) transmissions from a telephone facsimile 
                machine, computer, or other device to a telephone 
                facsimile machine; and
                    (B) without limitation, any service that enables 
                real-time, two-way voice communications, including any 
                service that requires internet protocol-compatible 
                customer premises equipment (commonly known as ``CPE'') 
                and permits out-bound calling, whether or not the 
                service is one-way or two-way voice over internet 
                protocol.

SEC. 8. STOP ROBOCALLS.

    (a) Information Sharing Regarding Robocall and Spoofing 
Violations.--Section 227 of the Communications Act of 1934 (47 U.S.C. 
227), as amended by section 6, is further amended by adding at the end 
the following:
    ``(j) Information Sharing.--
            ``(1) In general.--Not later than 18 months after the date 
        of the enactment of this subsection, 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--
                    ``(A) a call made or a text message sent in 
                violation of subsection (b); or
                    ``(B) a call or text message for which misleading 
                or inaccurate caller identification information was 
                caused to be transmitted in violation of subsection 
                (e).
            ``(2) Text message defined.--In this subsection, the term 
        `text message' has the meaning given such term in subsection 
        (e)(8).''.
    (b) Robocall Blocking Service.--Section 227 of the Communications 
Act of 1934 (47 U.S.C. 227), as amended by section 6 and subsection (a) 
of this section, is further amended by adding at the end the following:
    ``(k) Robocall Blocking Service.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this subsection, 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 (CG Docket 
        No. 17-59; FCC 19-51; adopted on June 6, 2019)--
                    ``(A) are provided with transparency and effective 
                redress options for both--
                            ``(i) consumers; and
                            ``(ii) callers; and
                    ``(B) are provided with no additional line item 
                charge to consumers and no additional charge to callers 
                for resolving complaints related to erroneously blocked 
                calls.
            ``(2) Text message defined.--In this subsection, the term 
        `text message' has the meaning given such term in subsection 
        (e)(8).''.
    (c) Study on Information Requirements for Certain Voip Service 
Providers.--
            (1) In general.--The Commission shall conduct a study 
        regarding whether to require a provider of covered VoIP service 
        to--
                    (A) provide to the Commission contact information 
                for such provider and keep such information current; 
                and
                    (B) retain records relating to each call 
                transmitted over the covered VoIP service of such 
                provider that are sufficient to trace such call back to 
                the source of such call.
            (2) Report to congress.--Not later than 18 months after the 
        date of the enactment of this Act, the Commission shall submit 
        to Congress a report on the results of the study conducted 
        under paragraph (1).
            (3) Covered voip service defined.--In this subsection, the 
        term ``covered VoIP service'' means a service that--
                    (A) is an interconnected VoIP service (as defined 
                in section 3 of the Communications Act of 1934 (47 
                U.S.C. 153)); or
                    (B) would be an interconnected VoIP service (as so 
                defined) 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 network.
    (d) Transitional Rule Regarding Definition of Text Message.--
Paragraph (2) of subsection (j) of section 227 of the Communications 
Act of 1934 (47 U.S.C. 227), as added by subsection (a) of this 
section, and paragraph (2) of subsection (k) of such section 227, as 
added by subsection (b) of this section, shall apply before the 
effective date of the amendment made to subsection (e)(8) of such 
section 227 by subparagraph (C) of section 503(a)(2) of division P of 
the Consolidated Appropriations Act, 2018 (Public Law 115-141) as if 
such amendment was already in effect.

SEC. 9. PROVISION OF EVIDENCE OF CERTAIN ROBOCALL VIOLATIONS TO 
              ATTORNEY GENERAL.

    (a) In General.--If the Chief of the Enforcement Bureau of the 
Commission obtains evidence that suggests a willful, knowing, and 
repeated robocall violation with an intent to defraud, cause harm, or 
wrongfully obtain anything of value, the Chief of the Enforcement 
Bureau shall provide such evidence to the Attorney General.
    (b) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, and annually thereafter, 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 Commerce, 
Science, and Transportation of the Senate a report that--
            (1) states the number of instances during the preceding 
        year in which the Chief of the Enforcement Bureau provided the 
        evidence described in subsection (a) to the Attorney General; 
        and
            (2) contains a general summary of the types of robocall 
        violations to which such evidence relates.
    (c) 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--
            (1) to refer a matter to the Attorney General; or
            (2) 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 (a) to the 
        Attorney General.
    (d) Robocall Violation Defined.--In this section, the term 
``robocall violation'' means a violation of subsection (b) or (e) of 
section 227 of the Communications Act of 1934 (47 U.S.C. 227).

SEC. 10. PROTECTION FROM ONE-RING SCAMS.

    (a) Initiation of Proceeding.--Not later than 120 days after the 
date of the enactment of this Act, the Commission shall initiate a 
proceeding to protect called parties from one-ring scams.
    (b) Matters to Be Considered.--As part of the proceeding required 
by subsection (a), the Commission shall consider how the Commission 
can--
            (1) work with Federal and State law enforcement agencies to 
        address one-ring scams;
            (2) work with the governments of foreign countries to 
        address one-ring scams;
            (3) in consultation with the Federal Trade Commission, 
        better educate consumers about how to avoid one-ring scams;
            (4) incentivize voice service providers to stop calls made 
        to perpetrate one-ring scams from being received by called 
        parties, including consideration of adding identified one-ring 
        scam type numbers to the Commission's existing list of 
        permissible categories for carrier-initiated blocking;
            (5) work with entities that provide call-blocking services 
        to address one-ring scams; and
            (6) establish obligations on international gateway 
        providers that are the first point of entry for these calls 
        into the United States, including potential requirements that 
        such providers verify with the foreign originator the nature or 
        purpose of calls before initiating service.
    (c) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, 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 Commerce, Science, and 
Transportation of the Senate a report on the status of the proceeding 
required by subsection (a).
    (d) Definitions.--In this section:
            (1) 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 duration, in order to prompt the 
        called party to return the call, thereby subjecting the called 
        party to charges.
            (2) State.--The term ``State'' has the meaning given such 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
            (3) Voice service.--The term ``voice service'' has the 
        meaning given such term in section 227(e)(8) of the 
        Communications Act of 1934 (47 U.S.C. 227(e)(8)). This 
        paragraph shall apply before the effective date of the 
        amendment made to such section by subparagraph (C) of section 
        503(a)(2) of division P of the Consolidated Appropriations Act, 
        2018 (Public Law 115-141) as if such amendment was already in 
        effect.

SEC. 11. INTERAGENCY WORKING GROUP.

    (a) In General.--The Attorney General, in consultation with the 
Commission, shall convene an interagency working group to study the 
enforcement of section 227(b) of the Communications Act of 1934 (47 
U.S.C. 227(b)).
    (b) Duties.--In carrying out the study under subsection (a), the 
interagency working group shall--
            (1) determine whether, and if so how, any Federal law, 
        including regulations, policies, and practices, or budgetary or 
        jurisdictional constraints inhibit the enforcement of such 
        section;
            (2) identify existing and potential Federal policies and 
        programs that encourage and improve coordination among Federal 
        departments and agencies and States, and between States, in the 
        enforcement and prevention of the violation of such section;
            (3) identify existing and potential international policies 
        and programs that encourage and improve coordination between 
        countries in the enforcement and prevention of the violation of 
        such section (and laws of foreign countries prohibiting similar 
        conduct); and
            (4) consider--
                    (A) the benefit and potential sources of additional 
                resources for the Federal enforcement and prevention of 
                the violation of such section;
                    (B) whether memoranda of understanding regarding 
                the enforcement and prevention of the violation of such 
                section should be established between--
                            (i) the States;
                            (ii) the States and the Federal Government; 
                        and
                            (iii) the Federal Government and foreign 
                        governments;
                    (C) whether a process should be established to 
                allow States to request Federal subpoenas from the 
                Commission with respect to the enforcement of such 
                section;
                    (D) whether increased criminal penalties for the 
                violation of such section (including increasing the 
                amount of fines and increasing the maximum term of 
                imprisonment that may be imposed to a period greater 
                than 2 years) are appropriate;
                    (E) whether regulation of any entity that enters 
                into a business arrangement with a carrier for the 
                specific purpose of carrying, routing, or transmitting 
                a call that constitutes a violation of such section 
                would assist in the successful enforcement and 
                prevention of the violation of such section; and
                    (F) the extent to which the prosecution of certain 
                violations of such section (which result in economic, 
                physical, or emotional harm) pursuant to any Department 
                of Justice policy may inhibit or otherwise interfere 
                with the prosecution of other violations of such 
                section.
    (c) Members.--The interagency working group shall be composed of 
such representatives of Federal departments and agencies as the 
Attorney General considers appropriate, which may include--
            (1) the Department of Commerce (including the National 
        Telecommunications and Information Administration);
            (2) the Department of State;
            (3) the Department of Homeland Security;
            (4) the Commission;
            (5) the Federal Trade Commission; and
            (6) the Bureau of Consumer Financial Protection.
    (d) Non-Federal Stakeholders.--In carrying out the study under 
subsection (a), the interagency working group shall consult with such 
non-Federal stakeholders as the Attorney General determines have 
relevant expertise, including the National Association of Attorneys 
General.
    (e) Report to Congress.--Not later than 9 months after the date of 
the enactment of this Act, the interagency working group shall submit 
to the Committee on Commerce, Science, and Transportation and the 
Committee on the Judiciary of the Senate and the Committee on Energy 
and Commerce and the Committee on the Judiciary of the House of 
Representatives a report on the findings of the study under subsection 
(a), including--
            (1) any recommendations regarding the enforcement and 
        prevention of the violation of such section; and
            (2) a description of what process, if any, relevant Federal 
        departments and agencies have made in implementing the 
        recommendations under paragraph (1).

SEC. 12. COMMISSION DEFINED.

    In this Act, the term ``Commission'' means the Federal 
Communications Commission.

SEC. 13. ANNUAL ROBOCALL REPORT.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Commission shall 
make publicly available on the website of the Commission, and submit to 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science and Transportation of the 
Senate, 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 efforts.
    (b) Contents of Report.--The report required under subsection (a) 
shall include, at minimum, the following:
            (1) 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 Commission.
            (2) 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 consortium.
            (3) 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 participate, as identified by 
        the registered consortium.
            (4) The reason, if any, 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 robocalls.
            (5) 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 
        Commission.
    (c) Additional Information.--Not later than 210 days after the date 
of the enactment of this Act, and annually thereafter, 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 
(a).
    (d) Registration of Consortium of Private-led Efforts to Trace Back 
the Origin of Suspected Unlawful Robocalls.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, 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 robocalls. The consortium 
        shall meet the following requirements:
                    (A) 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 
                Commission.
                    (B) 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 
                robocalls.
                    (C) Consistent with section 222(d)(2) of the 
                Communications Act of 1934 (47 U.S.C. 222(d)(2)), any 
                private-led efforts to trace back the origin of 
                suspected unlawful robocalls conducted by the third-
                party focus on ``fraudulent, abusive, or unlawful'' 
                traffic.
                    (D) File a notice with the Commission that the 
                consortium intends to conduct private-led efforts to 
                trace back in advance of such registration.
            (2) Annual notice by the commission seeking 
        registrations.--Not later than 120 days after the date of the 
        enactment of this Act, and annually thereafter, the Commission 
        shall issue a notice to the public seeking the registration 
        described in paragraph (1).
    (e) 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 robocalls, and other information 
the Commission may collect about service providers that are found to 
originate or transmit substantial amounts of illegal calls.
    (f) Definitions.--In this section:
            (1) 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 
        robocall.
            (2) Registered consortium.--The term ``registered 
        consortium'' means the consortium registered under subsection 
        (d).
            (3) 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 (b) or (e) of section 227 of the Communications Act 
        of 1934 (47 U.S.C. 227).
            (4) Voice service.--The term ``voice service''--
                    (A) 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 251(e)(1) of the 
                Communications Act of 1934 (47 U.S.C. 251(e)(1)); and
                    (B) includes--
                            (i) transmissions from a telephone 
                        facsimile machine, computer, or other device to 
                        a telephone facsimile machine; and
                            (ii) without limitation, any service that 
                        enables real-time, two-way voice 
                        communications, including any service that 
                        requires internet protocol-compatible customer 
                        premises equipment (commonly known as ``CPE'') 
                        and permits out-bound calling, whether or not 
                        the service is one-way or two-way voice over 
                        internet protocol.

SEC. 14. HOSPITAL ROBOCALL PROTECTION GROUP.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Commission shall establish an advisory 
committee to be known as the ``Hospital Robocall Protection Group''.
    (b) Membership.--The Group shall be composed only of the following 
members:
            (1) An equal number of representatives from each of the 
        following:
                    (A) Voice service providers that serve hospitals.
                    (B) Companies that focus on mitigating unlawful 
                robocalls.
                    (C) Consumer advocacy organizations.
                    (D) Providers of one-way voice over internet 
                protocol services described in subsection 
                (e)(4)(B)(ii).
                    (E) Hospitals.
                    (F) State government officials focused on 
                combatting unlawful robocalls.
            (2) One representative of the Commission.
            (3) One representative of the Federal Trade Commission.
    (c) Issuance of Best Practices.--Not later than 180 days after the 
date on which the Group is established under subsection (a), the Group 
shall issue best practices regarding the following:
            (1) How voice service providers can better combat unlawful 
        robocalls made to hospitals.
            (2) How hospitals can better protect themselves from such 
        calls, including by using unlawful robocall mitigation 
        techniques.
            (3) How the Federal Government and State governments can 
        help combat such calls.
    (d) Proceeding by FCC.--Not later than 180 days after the date on 
which the best practices are issued by the Group under subsection (c), 
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 institutions.
    (e) Definitions.--In this section:
            (1) Group.--The term ``Group'' means the Hospital Robocall 
        Protection Group established under subsection (a).
            (2) State.--The term ``State'' has the meaning given such 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
            (3) Voice service.--The term ``voice service''--
                    (A) 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 251(e)(1) of the 
                Communications Act of 1934 (47 U.S.C. 251(e)(1)); and
                    (B) includes--
                            (i) transmissions from a telephone 
                        facsimile machine, computer, or other device to 
                        a telephone facsimile machine; and
                            (ii) without limitation, any service that 
                        enables real-time, two-way voice 
                        communications, including any service that 
                        requires internet protocol-compatible customer 
                        premises equipment (commonly known as ``CPE'') 
                        and permits out-bound calling, whether or not 
                        the service is one-way or two-way voice over 
                        internet protocol.
                                                 Union Calendar No. 133

116th CONGRESS

  1st Session

                               H. R. 3375

                          [Report No. 116-173]

_______________________________________________________________________

                                 A BILL

To amend the Communications Act of 1934 to clarify the prohibitions on 
               making robocalls, and for other purposes.

_______________________________________________________________________

                             July 23, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed