[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 946 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 946
To amend the Communications Act of 1934 to clarify the prohibitions on
making robocalls, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2019
Mr. Pallone (for himself, Ms. Eshoo, Mr. Engel, Ms. DeGette, Mr.
Michael F. Doyle of Pennsylvania, Ms. Matsui, Mr. McNerney, Mr. Welch,
Mr. Lujan, Ms. Clarke of New York, Mr. Loebsack, Mr. Veasey, Mr.
McEachin, Mr. Soto, Mr. O'Halleran, Mr. Connolly, Ms. Norton, and Mr.
Crist) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
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. PROHIBITIONS ON MAKING ROBOCALLS.
(a) In General.--Section 227 of the Communications Act of 1934 (47
U.S.C. 227) is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) The term `robocall' means a call made (including a
text message sent)--
``(A) using equipment that makes a series of calls
to stored telephone numbers, including numbers stored
on a list, or to telephone numbers produced using a
random or sequential number generator, except for a
call made using only equipment that the caller
demonstrates requires substantial additional human
intervention to dial or place a call after a human
initiates the series of calls; or
``(B) using an artificial or prerecorded voice.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``any call'' and
inserting ``any robocall''; and
(II) by striking ``using any
automatic telephone dialing system or
an artificial or prerecorded voice'';
(ii) in subparagraph (B)--
(I) by striking ``telephone call''
and inserting ``robocall''; and
(II) by striking ``using an
artificial or prerecorded voice to
deliver a message''; and
(iii) in subparagraph (D), by striking
``use an automatic telephone dialing system''
and inserting ``make robocalls''; and
(B) in paragraph (2)(A), by striking ``calls made
using an artificial or prerecorded voice'' and
inserting ``robocalls'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) by striking ``telephone call using any
automatic telephone dialing system'' and
inserting ``robocall described in subsection
(a)(1)(A) using any equipment''; and
(ii) by striking ``or automatic telephone
dialing system'' and inserting ``or to make any
robocall described in subsection (a)(1)(A)'';
and
(B) in paragraph (3)--
(i) in the heading, by inserting
``robocall'' after ``voice'';
(ii) in the first sentence, by striking
``artificial or prerecorded voice message via
telephone'' and inserting ``robocall described
in subsection (a)(1)(B)''; and
(iii) in subparagraph (A), by striking
``all artificial or prerecorded telephone
messages'' and inserting ``the artificial or
prerecorded voice message contained in any
robocall described in such subsection''; and
(4) in subsection (f)(1)--
(A) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) the making of robocalls; or''; and
(B) by redesignating subparagraph (D) as
subparagraph (C).
(b) Manner of Revoking Prior Express Consent.--Section 227(b) of
the Communications Act of 1934 (47 U.S.C. 227(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (7); and
(2) by inserting after paragraph (2) the following:
``(3) Manner of revoking prior express consent.--For
purposes of this subsection, prior express consent may be
revoked at any time and in any reasonable manner, regardless of
the context in which consent was provided.''.
(c) Deadline for Regulations.--Not later than 1 year after the date
of the enactment of this Act, the Federal Communications Commission
shall prescribe such regulations, or amend such existing regulations,
as necessary to implement the amendments made by this section. Such
regulations shall include such clarifications regarding descriptions of
equipment and services as will, in the judgment of the Commission,
effectuate the consumer protection purposes of section 227 of the
Communications Act of 1934 (47 U.S.C. 227), prevent circumvention or
evasion of such section, and facilitate compliance with such section.
(d) Report to Congress on Text Messages.--Not later than 60 days
after the date of the enactment of this Act, after notice and an
opportunity for public comment, the Federal Communications Commission
shall submit to Congress a report on how best to limit the number of
unwanted text messages received by consumers. Such report shall contain
recommendations by the Commission, including recommendations for
potential legislation.
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 or categories of parties
that may make such calls;
``(ii) the classes or categories of parties
that may be called;
``(iii) the purposes for which such calls
may be made;
``(iv) the number of such calls that a
calling party may make to a particular called
party; and
``(v) the obligation of the calling party--
``(I) to provide the called party
with a conspicuous consumer choice
mechanism that permits the called
party, at any time, to indicate that
the called party wishes to stop
receiving such calls from the calling
party; and
``(II) to stop making such calls to
the called party if the called party so
indicates.''.
(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 Federal Communications 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 meets the requirements of subparagraph (I) of such
section, as added by subsection (a).
SEC. 4. REASSIGNED NUMBER DATABASE; SAFE HARBOR.
(a) In General.--Section 227(b) of the Communications Act of 1934
(47 U.S.C. 227(b)), as amended by section 2(b), is further amended by
inserting after paragraph (3) the following:
``(4) Reassigned number database; safe harbor.--
``(A) Database required.--The Commission shall
establish a nationwide database of telephone numbers
that have been reassigned in order to provide persons
making calls subject to this subsection with the
comprehensive and timely information that such persons
need to avoid making calls without the prior express
consent of the called party because of the reassignment
of the number called to a different party. The
Commission shall ensure that information in the
database required by this subparagraph is up-to-date.
``(B) Provider participation required.--The
Commission shall require each covered provider to
report to the database required by subparagraph (A) the
reassignment of any telephone number to or from a
subscriber of such provider.
``(C) Safe harbor.--Beginning on the date of the
establishment of the database required by subparagraph
(A), in the case of a person who makes a call subject
to this subsection to a telephone number that has been
reassigned from a subscriber who had given prior
express consent to be called by such person, such
person shall not be found in violation of this
subsection on the basis of not having the prior express
consent of the called party to make such call, if such
person shows that--
``(i) such person had the prior express
consent of such subscriber and such consent had
not been revoked as of the time of such call;
``(ii) such person queried such database
before making such call, the query did not show
such number as being reassigned from such
subscriber, and such person made such call
within a reasonable period of time (as defined
by the Commission) after such query;
``(iii) the failure of such query to show
such number as being reassigned from such
subscriber resulted from an inaccuracy on the
part of--
``(I) the Commission or other
entity administering such database; or
``(II) a covered provider in
reassigning such number or in making a
report to such database about the
reassignment of such number;
``(iv) such person did not otherwise know
or have any reason to know that such number had
been reassigned from such subscriber;
``(v) such call would have complied with
the requirements of this subsection but for the
lack of the prior express consent of the called
party; and
``(vi) such person--
``(I) took affirmative steps to
correct the internal records of such
person with respect to such number; and
``(II) reported to such database
any inaccuracy that such person
discovered with respect to such number
in such database.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to preclude the Commission
from contracting with a private entity to provide the
database required by subparagraph (A).
``(E) Covered provider defined.--In this paragraph,
the term `covered provider' means a provider of voice
service or text messaging service (as such terms are
defined in subsection (e)(8)).''.
(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 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''.
(c) Deadline for Regulations and Establishment of Database.--Not
later than 1 year after the date of the enactment of this Act, the
Federal Communications Commission shall--
(1) prescribe regulations to implement the amendments made
by this section; and
(2) establish the database required by such amendments.
(d) Transitional Rule Regarding Definition of Covered Provider.--
Subparagraph (E) of paragraph (4) of subsection (b) of section 227 of
the Communications Act of 1934 (47 U.S.C. 227), as added by subsection
(a) 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. 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)), as amended by
sections 2(b) and 4(a), is further amended by inserting after
paragraph (4) the following:
``(5) No citation required to seek forfeiture penalty.--
Paragraph (5) of section 503(b) shall not apply in the case of
a 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
sections 2(b) and 4(a) and subsection (a)(1) of this section,
is further amended by inserting after paragraph (5) the
following:
``(6) 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
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''.
SEC. 6. ANNUAL REPORT TO CONGRESS.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
further 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 the Stopping Bad Robocalls Act, 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),
(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 robocall in violation of subsection
(b).
``(ii) Complaints alleging that a consumer
received a robocall 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), (d), and (e), and details of each such
notice including the 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 total 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 by half 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, short-duration
calls to the total number of robocalls, and
recommendations on how to address such contribution in
order to decrease the total number of robocalls.''.
SEC. 7. REGULATIONS RELATING TO CALLER IDENTIFICATION INFORMATION
AUTHENTICATION STANDARDS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall prescribe regulations in WC
Docket No. 17-97.
(b) Requirements for Caller Identification Information
Authentication Technology.--
(1) In general.--The regulations required by subsection (a)
shall require providers of voice service to implement, by a
date specified by the Commission, caller identification
information authentication technology that has the ability to--
(A) verify that any caller identification
information transmitted in connection with a call
(including a call originating outside the United States
if the recipient is within the United States) is--
(i) accurate; or
(ii) exempted under the regulations
promulgated under paragraph (3) of section
227(e) of the Communications Act of 1934 (47
U.S.C. 227(e)) from the prohibition under
paragraph (1) of such section; and
(B) prevent a subscriber from receiving a call
unless--
(i) any caller identification information
transmitted in connection with such call is
verified as described in subparagraph (A); or
(ii) no caller identification information
is transmitted in connection with such call,
whether because a person has blocked the
capability of a caller identification service
to transmit such information in accordance with
paragraph (2) of section 227(e) of the
Communications Act of 1934 (47 U.S.C. 227(e))
or otherwise.
(2) Unblocking requests.--Such regulations shall require a
provider of voice service to--
(A) accept a request from a subscriber of such
service, a calling party, or another provider of voice
service for the caller identification information
authentication technology required under paragraph (1)
to allow the completion of a call in connection with
which caller identification information is transmitted
but not verified as described in subparagraph (A) of
such paragraph; and
(B) if such request meets criteria prescribed by
the Commission in such regulations, grant such request.
(3) No additional cost to subscribers.--Such regulations
shall prohibit providers of voice service from making any
additional charge to subscribers for the caller identification
information authentication technology required under paragraph
(1).
(c) Definitions.--In this section:
(1) Caller identification information.--The term ``caller
identification information'' has the meaning given such term in
section 227(e)(8) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)).
(2) Caller identification service.--The term ``caller
identification 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)).
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) 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.
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