[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 946 Introduced in House (IH)]

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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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