[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 151 Engrossed in Senate (ES)]
<DOC>
116th CONGRESS
1st Session
S. 151
_______________________________________________________________________
AN ACT
To deter criminal robocall violations and improve enforcement of
section 227(b) of the Communications Act of 1934, 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 ``Telephone Robocall Abuse Criminal
Enforcement and Deterrence Act'' or the ``TRACED Act''.
SEC. 2. 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 any provision of
this subsection shall be liable to the United States
for a forfeiture penalty pursuant to section 503(b)(1).
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. 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 paragraph (3) or (4) of section 503(b).
``(E) Statute of limitations.--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; and
``(ii) under subparagraph (B) if the
violation charged occurred more than 3 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.'';
and
(2) by striking subsection (h) and inserting the following:
``(h) TCPA Enforcement Report.--The Commission shall submit an
annual report to Congress regarding the enforcement during the
preceding year of laws, regulations, and policies relating to robocalls
and spoofed calls, which report shall include--
``(1) the number of complaints received by the Commission
during the year alleging that a consumer received a robocall or
spoofed call;
``(2) the number of citations issued by the Commission
pursuant to section 503 during the year to enforce any law,
regulation, or policy relating to a robocall or spoofed call;
``(3) the number of notices of apparent liability issued by
the Commission pursuant to section 503 during the year to
enforce any law, regulation, or policy relating to a robocall
or spoofed call; and
``(4) for each notice referred to in paragraph (3)--
``(A) the amount of the proposed forfeiture penalty
involved;
``(B) the person to whom the notice was issued; and
``(C) the status of the proceeding.''.
(b) Applicability.--The amendments made by this section shall not
affect any action or proceeding commenced before and pending on the
date of enactment of this Act.
(c) Deadline for Regulations.--The Federal Communications
Commission shall prescribe regulations to implement the amendments made
by this section not later than 270 days after the date of enactment of
this Act.
SEC. 3. 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 Framework.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 18 months after the date of enactment of this Act,
the Federal Communications Commission shall require a provider
of voice service to implement the STIR/SHAKEN authentication
framework in the internet protocol networks of the voice
service provider.
(2) Implementation.--The Federal Communications Commission
shall not take the action described in paragraph (1) if the
Commission determines that a provider of voice service, not
later than 12 months after the date of enactment of this Act--
(A) has adopted the STIR/SHAKEN authentication
framework for calls on the internet protocol networks
of the voice service provider;
(B) has agreed voluntarily to participate with
other providers of voice service in the STIR/SHAKEN
authentication framework;
(C) has begun to implement the STIR/SHAKEN
authentication framework; and
(D) will be capable of fully implementing the STIR/
SHAKEN authentication framework not later than 18
months after the date of enactment of this Act.
(3) Implementation report.--Not later than 12 months after
the date of enactment of this Act, the Federal Communications
Commission shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the
determination required under paragraph (2), which shall
include--
(A) an analysis of the extent to which providers of
a voice service have implemented the STIR/SHAKEN
authentication framework, including whether the
availability of necessary equipment and equipment
upgrades has impacted such implementation; and
(B) an assessment of the efficacy of the STIR/
SHAKEN authentication framework, as being implemented
under this section, in addressing all aspects of call
authentication.
(4) Review and revision or replacement.--Not later than 3
years after the date of enactment of this Act, and every 3
years thereafter, the Federal Communications Commission, after
public notice and an opportunity for comment, shall--
(A) assess the efficacy of the call authentication
framework implemented under this section;
(B) based on the assessment under subparagraph (A),
revise or replace the call authentication framework
under this section if the Commission determines it is
in the public interest to do so; and
(C) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a
report on the findings of the assessment under
subparagraph (A) and on any actions to revise or
replace the call authentication framework under
subparagraph (B).
(5) Extension of implementation deadline.--The Federal
Communications Commission may extend any deadline for the
implementation of a call authentication framework required
under this section by 12 months or such further amount of time
as the Commission determines necessary if the Commission
determines that purchasing or upgrading equipment to support
call authentication, or lack of availability of such equipment,
would constitute a substantial hardship in meeting such
deadline for a provider or category of providers of voice
service.
(c) Safe Harbor and Other Regulations.--
(1) In general.--The Federal Communications Commission
shall 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
framework under subsection (b);
(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
framework under subsection (b); and
(C) establishing a process to permit a calling
party adversely affected by the information provided by
the call authentication framework under subsection (b)
to verify the authenticity of the calling party's
calls.
(2) Considerations.--In establishing the safe harbor under
paragraph (1), the Federal Communications 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 framework under subsection (b);
(B) implemented procedures based, in whole or in
part, on the information provided by the call
authentication framework under subsection (b); and
(C) used reasonable care.
(d) Rule of Construction.--Nothing in this section shall preclude
the Federal Communications Commission from initiating a rulemaking
pursuant to its existing statutory authority.
SEC. 4. PROTECTIONS FROM SPOOFED CALLS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and consistent with the call authentication framework
under section 3, the Federal Communications 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 Federal Communications Commission shall consider--
(1) the Government Accountability Office report on
combating the fraudulent provision of misleading or inaccurate
caller identification 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. 5. INTERAGENCY WORKING GROUP.
(a) In General.--The Attorney General, in consultation with the
Chairman of the Federal Communications 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 Federal
Communications 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 inhibits 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 Federal Communications 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
enactment of this Act, the interagency working group shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives 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 enactment of this Act, the Federal
Communications Commission shall commence a proceeding to
determine whether Federal Communications 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, 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 Federal Communications 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) of this section, 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
of that Act. A forfeiture penalty under this subsection shall be in
addition to any other penalty provided for by law.
Passed the Senate May 23 (legislative day, May 22), 2019.
Attest:
Secretary.
116th CONGRESS
1st Session
S. 151
_______________________________________________________________________
AN ACT
To deter criminal robocall violations and improve enforcement of
section 227(b) of the Communications Act of 1934, and for other
purposes.