[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 151 Engrossed Amendment House (EAH)]

<DOC>
                In the House of Representatives, U. S.,

                                                      December 4, 2019.
    Resolved, That the bill from the Senate (S. 151) entitled ``An Act 
to deter criminal robocall violations and improve enforcement of 
section 227(b) of the Communications Act of 1934, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pallone-Thune Telephone Robocall 
Abuse Criminal Enforcement and Deterrence Act'' or the ``Pallone-Thune 
TRACED Act''.

SEC. 2. COMMISSION DEFINED.

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

SEC. 3. FORFEITURE.

    (a) In General.--Section 227 of the Communications Act of 1934 (47 
U.S.C. 227) is amended--
            (1) in subsection (b), by adding at the end the following:
            ``(4) Civil forfeiture.--
                    ``(A) In general.--Any person that is determined by 
                the Commission, in accordance with paragraph (3) or (4) 
                of section 503(b), to have violated this subsection 
                shall be liable to the United States for a forfeiture 
                penalty pursuant to section 503(b)(1). Paragraph (5) of 
                section 503(b) shall not apply in the case of a 
                violation of this subsection. A forfeiture penalty 
                under this subparagraph shall be in addition to any 
                other penalty provided for by this Act. The amount of 
                the forfeiture penalty determined under this 
                subparagraph shall be determined in accordance with 
                subparagraphs (A) through (F) of section 503(b)(2).
                    ``(B) Violation with intent.--Any person that is 
                determined by the Commission, in accordance with 
                paragraph (3) or (4) of section 503(b), to have 
                violated this subsection with the intent to cause such 
                violation shall be liable to the United States for a 
                forfeiture penalty pursuant to section 503(b)(1). 
                Paragraph (5) of section 503(b) shall not apply in the 
                case of a violation of this subsection. A forfeiture 
                penalty under this subparagraph shall be in addition to 
                any other penalty provided for by this Act. The amount 
                of the forfeiture penalty determined under this 
                subparagraph 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.
                    ``(C) Recovery.--Any forfeiture penalty determined 
                under subparagraph (A) or (B) shall be recoverable 
                under section 504(a).
                    ``(D) Procedure.--No forfeiture liability shall be 
                determined under subparagraph (A) or (B) against any 
                person unless such person receives the notice required 
                by section 503(b)(3) or section 503(b)(4).
                    ``(E) Statute of limitations.--Notwithstanding 
                paragraph (6) of section 503(b), no forfeiture penalty 
                shall be determined or imposed against any person--
                            ``(i) under subparagraph (A) if the 
                        violation charged occurred more than 1 year 
                        prior to the date of issuance of the required 
                        notice or notice of apparent liability; or
                            ``(ii) under subparagraph (B) if the 
                        violation charged occurred more than 4 years 
                        prior to the date of issuance of the required 
                        notice or notice of apparent liability.
                    ``(F) Rule of construction.--Notwithstanding any 
                law to the contrary, the Commission may not determine 
                or impose a forfeiture penalty on a person under both 
                subparagraphs (A) and (B) based on the same conduct.'';
            (2) in subsection (e)(5)(A)--
                    (A) in clause (ii), 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.''; 
                and
                    (B) in clause (iv)--
                            (i) in the heading, by striking ``2-year'' 
                        and inserting ``4-year''; and
                            (ii) by striking ``2 years'' and inserting 
                        ``4 years''; and
            (3) by striking subsection (h) and inserting the following:
    ``(h) 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 5 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 4(a) of the Pallone-Thune TRACED Act).''.
    (b) Applicability.--The amendments made by this section shall not 
affect any action or proceeding commenced before and pending on the 
date of the enactment of this Act.
    (c) Deadline for Regulations.--The Commission shall prescribe 
regulations to implement the amendments made by this section not later 
than 270 days after the date of the enactment of this Act.

SEC. 4. CALL AUTHENTICATION.

    (a) Definitions.--In this section:
            (1) STIR/SHAKEN authentication framework.--The term ``STIR/
        SHAKEN authentication framework'' means the secure telephone 
        identity revisited and signature-based handling of asserted 
        information using tokens standards proposed by the information 
        and communications technology industry.
            (2) 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.
    (b) Authentication Frameworks.--
            (1) In general.--Subject to paragraphs (2) and (3), and in 
        accordance with paragraph (6), not later than 18 months after 
        the date of the enactment of this Act, the Commission shall--
                    (A) require a provider of voice service to 
                implement the STIR/SHAKEN authentication framework in 
                the internet protocol networks of the provider of voice 
                service; and
                    (B) require a provider of voice service to take 
                reasonable measures to implement an effective call 
                authentication framework in the non-internet protocol 
                networks of the provider of voice service.
            (2) Implementation.--The Commission shall not take the 
        action described in paragraph (1) with respect to a provider of 
        voice service if the Commission determines, not later than 12 
        months after the date of the enactment of this Act, that such 
        provider of voice service--
                    (A) in internet protocol networks--
                            (i) has adopted the STIR/SHAKEN 
                        authentication framework for calls on the 
                        internet protocol networks of the provider of 
                        voice service;
                            (ii) has agreed voluntarily to participate 
                        with other providers of voice service in the 
                        STIR/SHAKEN authentication framework;
                            (iii) has begun to implement the STIR/
                        SHAKEN authentication framework; and
                            (iv) will be capable of fully implementing 
                        the STIR/SHAKEN authentication framework not 
                        later than 18 months after the date of the 
                        enactment of this Act; and
                    (B) in non-internet protocol networks--
                            (i) has taken reasonable measures to 
                        implement an effective call authentication 
                        framework; and
                            (ii) will be capable of fully implementing 
                        an effective call authentication framework not 
                        later than 18 months after the date of the 
                        enactment of this Act.
            (3) Implementation report.--Not later than 12 months after 
        the date of the enactment of this Act, 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 a report on the determination 
        required under paragraph (2), which shall include--
                    (A) an analysis of the extent to which providers of 
                voice service have implemented the call authentication 
                frameworks described in subparagraphs (A) and (B) of 
                paragraph (1), including whether the availability of 
                necessary equipment and equipment upgrades has impacted 
                such implementation; and
                    (B) an assessment of the efficacy of the call 
                authentication frameworks described in subparagraphs 
                (A) and (B) of paragraph (1) in addressing all aspects 
                of call authentication.
            (4) Review and revision or replacement.--Not later than 3 
        years after the date of the enactment of this Act, and every 3 
        years thereafter, the Commission, after public notice and an 
        opportunity for comment, shall--
                    (A) assess the efficacy of the technologies used 
                for call authentication frameworks implemented under 
                this section;
                    (B) based on the assessment under subparagraph (A), 
                revise or replace the call authentication frameworks 
                under this section if the Commission determines it is 
                in the public interest to do so; and
                    (C) 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 findings of the assessment under 
                subparagraph (A) and on any actions to revise or 
                replace the call authentication frameworks under 
                subparagraph (B).
            (5) Extension of implementation deadline.--
                    (A) Burdens and barriers to implementation.--Not 
                later than 12 months after the date of the enactment of 
                this Act, and as appropriate thereafter, the 
                Commission--
                            (i) shall assess any burdens or barriers to 
                        the implementation required by paragraph (1), 
                        including--
                                    (I) for providers of voice service 
                                to the extent the networks of such 
                                providers use time-division 
                                multiplexing;
                                    (II) for small providers of voice 
                                service and those in rural areas; and
                                    (III) the inability to purchase or 
                                upgrade equipment to support the call 
                                authentication frameworks under this 
                                section, or lack of availability of 
                                such equipment; and
                            (ii) in connection with an assessment under 
                        clause (i), may, upon a public finding of undue 
                        hardship, delay required compliance with the 
                        18-month time period described in paragraph 
                        (1), for a reasonable period of time, for a 
                        provider or class of providers of voice 
                        service, or type of voice calls, as necessary 
                        for that provider or class of providers or type 
                        of calls to participate in the implementation 
                        in order to address the identified burdens and 
                        barriers.
                    (B) Delay of compliance required for certain non-
                internet protocol networks.--Subject to subparagraphs 
                (C) through (F), for any provider or class of providers 
                of voice service, or type of voice calls, only to the 
                extent that such a provider or class of providers of 
                voice service, or type of voice calls, materially 
                relies on a non-internet protocol network for the 
                provision of such service or calls, the Commission 
                shall grant a delay of required compliance under 
                subparagraph (A)(ii) until a call authentication 
                protocol has been developed for calls delivered over 
                non-internet protocol networks and is reasonably 
                available.
                    (C) Robocall mitigation program.--
                            (i) Program required.--During the time of a 
                        delay of compliance granted under subparagraph 
                        (A)(ii), the Commission shall require, pursuant 
                        to the authority of the Commission, that any 
                        provider subject to such delay shall implement 
                        an appropriate robocall mitigation program to 
                        prevent unlawful robocalls from originating on 
                        the network of the provider.
                            (ii) Additional requirements.--If the 
                        consortium registered under section 13(d) 
                        identifies a provider of voice service that is 
                        subject to a delay of compliance granted under 
                        subparagraph (A)(ii) as repeatedly originating 
                        large-scale unlawful robocall campaigns, the 
                        Commission shall require such provider to take 
                        action to ensure that such provider does not 
                        continue to originate such calls.
                            (iii) Minimization of burden.--The 
                        Commission shall make reasonable efforts to 
                        minimize the burden of any robocall mitigation 
                        required pursuant to clause (ii), which may 
                        include prescribing certain specific robocall 
                        mitigation practices for providers of voice 
                        service that have repeatedly originated large-
                        scale unlawful robocall campaigns.
                    (D) Full participation.--The Commission shall take 
                reasonable measures to address any issues in an 
                assessment under subparagraph (A)(i) and enable as 
                promptly as reasonable full participation of all 
                classes of providers of voice service and types of 
                voice calls to receive the highest level of trust. Such 
                measures shall include, without limitation, as 
                appropriate, limiting or terminating a delay of 
                compliance granted to a provider under subparagraph (B) 
                if the Commission determines in such assessment that 
                the provider is not making reasonable efforts to 
                develop the call authentication protocol described in 
                such subparagraph.
                    (E) Alternative methodologies.--The Commission 
                shall identify, in consultation with small providers of 
                voice service and those in rural areas, alternative 
                effective methodologies to protect customers from 
                unauthenticated calls during any delay of compliance 
                granted under subparagraph (A)(ii).
                    (F) Revision of delay of compliance.--Not less 
                frequently than annually after the first delay of 
                compliance is granted under subparagraph (A)(ii), the 
                Commission--
                            (i) shall consider revising or extending 
                        any delay of compliance granted under 
                        subparagraph (A)(ii);
                            (ii) may revise such delay of compliance; 
                        and
                            (iii) shall issue a public notice with 
                        regard to whether such delay of compliance 
                        remains necessary, including--
                                    (I) why such delay of compliance 
                                remains necessary; and
                                    (II) when the Commission expects to 
                                achieve the goal of full participation 
                                as described in subparagraph (D).
            (6) No additional cost to consumers or small business 
        customers.--The Commission shall prohibit providers of voice 
        service from adding any additional line item charges to 
        consumer or small business customer subscribers for the 
        effective call authentication technology required under 
        paragraph (1).
            (7) Accurate identification.--Not later than 12 months 
        after the date of the enactment of this Act, the Commission 
        shall issue best practices that providers of voice service may 
        use as part of the implementation of effective call 
        authentication frameworks under paragraph (1) to take steps to 
        ensure the calling party is accurately identified.
    (c) Safe Harbor and Other Regulations.--
            (1) In general.--Consistent with the regulations prescribed 
        under subsection (j) of section 227 of the Communications Act 
        of 1934 (47 U.S.C. 227), as added by section 10, the Commission 
        shall, not later than 1 year after the date of the enactment of 
        this Act, promulgate rules--
                    (A) establishing when a provider of voice service 
                may block a voice call based, in whole or in part, on 
                information provided by the call authentication 
                frameworks under subsection (b), with no additional 
                line item charge;
                    (B) establishing a safe harbor for a provider of 
                voice service from liability for unintended or 
                inadvertent blocking of calls or for the unintended or 
                inadvertent misidentification of the level of trust for 
                individual calls based, in whole or in part, on 
                information provided by the call authentication 
                frameworks under subsection (b);
                    (C) establishing a process to permit a calling 
                party adversely affected by the information provided by 
                the call authentication frameworks under subsection (b) 
                to verify the authenticity of the calling party's 
                calls; and
                    (D) ensuring that calls originating from a provider 
                of voice service in an area where the provider is 
                subject to a delay of compliance with the time period 
                described in subsection (b)(1) are not unreasonably 
                blocked because the calls are not able to be 
                authenticated.
            (2) Considerations.--In establishing the safe harbor under 
        paragraph (1), consistent with the regulations prescribed under 
        subsection (j) of section 227 of the Communications Act of 1934 
        (47 U.S.C. 227), as added by section 10, the Commission shall 
        consider limiting the liability of a provider of voice service 
        based on the extent to which the provider of voice service--
                    (A) blocks or identifies calls based, in whole or 
                in part, on the information provided by the call 
                authentication frameworks under subsection (b);
                    (B) implemented procedures based, in whole or in 
                part, on the information provided by the call 
                authentication frameworks under subsection (b); and
                    (C) used reasonable care, including making all 
                reasonable efforts to avoid blocking emergency public 
                safety calls.
    (d) Rule of Construction.--Nothing in this section shall preclude 
the Commission from initiating a rulemaking pursuant to its existing 
statutory authority.

SEC. 5. INTERAGENCY WORKING GROUP.

    (a) In General.--The Attorney General, in consultation with the 
Chairman of the Commission, shall convene an interagency working group 
to study Government prosecution of violations 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 laws, 
        including regulations, policies, and practices, or budgetary or 
        jurisdictional constraints inhibit the prosecution of such 
        violations;
            (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 
        prevention and prosecution of such violations;
            (3) identify existing and potential international policies 
        and programs that encourage and improve coordination between 
        countries in the prevention and prosecution of such violations; 
        and
            (4) consider--
                    (A) the benefit and potential sources of additional 
                resources for the Federal prevention and prosecution of 
                criminal violations of that section;
                    (B) whether to establish memoranda of understanding 
                regarding the prevention and prosecution of such 
                violations between--
                            (i) the States;
                            (ii) the States and the Federal Government; 
                        and
                            (iii) the Federal Government and a foreign 
                        government;
                    (C) whether to establish a process to allow States 
                to request Federal subpoenas from the Commission;
                    (D) whether extending civil enforcement authority 
                to the States would assist in the successful prevention 
                and prosecution of such violations;
                    (E) whether increased forfeiture and imprisonment 
                penalties are appropriate, such as extending 
                imprisonment for such a violation to a term longer than 
                2 years;
                    (F) whether regulation of any entity that enters 
                into a business arrangement with a common carrier 
                regulated under title II of the Communications Act of 
                1934 (47 U.S.C. 201 et seq.) for the specific purpose 
                of carrying, routing, or transmitting a call that 
                constitutes such a violation would assist in the 
                successful prevention and prosecution of such 
                violations; and
                    (G) the extent to which, if any, Department of 
                Justice policies to pursue the prosecution of 
                violations causing economic harm, physical danger, or 
                erosion of an inhabitant's peace of mind and sense of 
                security inhibit the prevention or prosecution of such 
                violations.
    (c) Members.--The interagency working group shall be composed of 
such representatives of Federal departments and agencies as the 
Attorney General considers appropriate, such as--
            (1) the Department of Commerce;
            (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 the 
relevant expertise, including the National Association of Attorneys 
General.
    (e) Report to Congress.--Not later than 270 days after the date of 
the enactment of this Act, the interagency working group 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 a report on the findings of the study under subsection (a), 
including--
            (1) any recommendations regarding the prevention and 
        prosecution of such violations; and
            (2) a description of what progress, if any, relevant 
        Federal departments and agencies have made in implementing the 
        recommendations under paragraph (1).

SEC. 6. ACCESS TO NUMBER RESOURCES.

    (a) In General.--
            (1) Examination of fcc policies.--Not later than 180 days 
        after the date of the enactment of this Act, the Commission 
        shall commence a proceeding to determine how Commission 
        policies regarding access to number resources, including number 
        resources for toll-free and non-toll-free telephone numbers, 
        could be modified, including by establishing registration and 
        compliance obligations, and requirements that providers of 
        voice service given access to number resources take sufficient 
        steps to know the identity of the customers of such providers, 
        to help reduce access to numbers by potential perpetrators of 
        violations of section 227(b) of the Communications Act of 1934 
        (47 U.S.C. 227(b)).
            (2) Regulations.--If the Commission determines under 
        paragraph (1) that modifying the policies described in that 
        paragraph could help achieve the goal described in that 
        paragraph, the Commission shall prescribe regulations to 
        implement those policy modifications.
    (b) Authority.--Any person who knowingly, through an employee, 
agent, officer, or otherwise, directly or indirectly, by or through any 
means or device whatsoever, is a party to obtaining number resources, 
including number resources for toll-free and non-toll-free telephone 
numbers, from a common carrier regulated under title II of the 
Communications Act of 1934 (47 U.S.C. 201 et seq.), in violation of a 
regulation prescribed under subsection (a), shall, notwithstanding 
section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 
503(b)(5)), be subject to a forfeiture penalty under section 503(b) of 
that Act (47 U.S.C. 503(b)). A forfeiture penalty under this subsection 
shall be in addition to any other penalty provided for by law.

SEC. 7. PROTECTIONS FROM SPOOFED CALLS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and consistent with the call authentication 
frameworks under section 4, the Commission shall initiate a rulemaking 
to help protect a subscriber from receiving unwanted calls or text 
messages from a caller using an unauthenticated number.
    (b) Considerations.--In promulgating rules under subsection (a), 
the Commission shall consider--
            (1) the Government Accountability Office report on 
        combating the fraudulent provision of misleading or inaccurate 
        caller identification information required by section 503(c) of 
        division P of the Consolidated Appropriations Act, 2018 (Public 
        Law 115-141);
            (2) the best means of ensuring that a subscriber or 
        provider has the ability to block calls from a caller using an 
        unauthenticated North American Numbering Plan number;
            (3) the impact on the privacy of a subscriber from 
        unauthenticated calls;
            (4) the effectiveness in verifying the accuracy of caller 
        identification information; and
            (5) the availability and cost of providing protection from 
        the unwanted calls or text messages described in subsection 
        (a).

SEC. 8. 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. 9. REPORT ON REASSIGNED NUMBER DATABASE.

    (a) Report to Congress.--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).
    (b) Contents.--The report required by subsection (a) shall describe 
the efforts of the Commission, as described in such Second Report and 
Order, to ensure--
            (1) 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;
            (2) 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
            (3) that if the person makes the demonstration described in 
        paragraph (2), 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.

SEC. 10. STOP ROBOCALLS.

    (a) Information Sharing Regarding Robocall and Spoofing 
Violations.--Section 227 of the Communications Act of 1934 (47 U.S.C. 
227) is amended by adding at the end the following:
    ``(i) 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 subsection (a), is further 
amended by adding at the end the following:
    ``(j) 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; and
                    ``(C) make all reasonable efforts to avoid blocking 
                emergency public safety 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 (i) 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 (j) 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. 11. 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. 12. 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. 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 voice service providers that are found 
to originate or transmit substantial amounts of unlawful robocalls.
    (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)(3)(B)(ii).
                    (E) Hospitals.
                    (F) State government officials focused on combating 
                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.

SEC. 15. SEPARABILITY CLAUSE.

    If any provision of this Act, the amendments made by this Act, or 
the application thereof to any person or circumstance is held invalid, 
the remainder of this Act, the amendments made by this Act, and the 
application of such provision to other persons or circumstances shall 
not be affected thereby.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                                 S. 151

_______________________________________________________________________

                               AMENDMENT