[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7116 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7116

To strengthen certain provisions relating to restrictions on robocalls 
               and telemarketing, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2024

Mr. Pallone (for himself, Ms. Matsui, Ms. Schakowsky, Mr. Sorensen, and 
  Mr. Soto) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To strengthen certain provisions relating to restrictions on robocalls 
               and telemarketing, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Do Not Disturb 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--FEDERAL COMMUNICATIONS COMMISSION

Sec. 101. Robocall restrictions.
Sec. 102. Text message authentication and trace back study.
Sec. 103. Annual robocall report.
Sec. 104. Disclosure required for robocalls using AI.
Sec. 105. Enhanced penalties for violations involving AI voice or text 
                            message impersonation.
Sec. 106. Certain requirements for VoIP service providers.
Sec. 107. Tracking of top 100 illegal robocall campaigns.
Sec. 108. Offering of robocall-blocking service at no charge to 
                            customer.
Sec. 109. Telephone solicitation.
Sec. 110. Commission defined.
                   TITLE II--FEDERAL TRADE COMMISSION

Sec. 201. Addition of text message to the definition of telemarketing.
Sec. 202. Adoption of regulations on inbound telephone calls and 
                            expanded calling time restrictions.
Sec. 203. Disclosure required for telemarketing using AI.
Sec. 204. Enhanced penalties for violations of telemarketing rules 
                            involving AI voice or text message 
                            impersonation.
Sec. 205. Commission defined.

               TITLE I--FEDERAL COMMUNICATIONS COMMISSION

SEC. 101. ROBOCALL RESTRICTIONS.

    (a) Definitions.--Section 227(a) of the Communications Act of 1934 
(47 U.S.C. 227(a)) is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (1);
            (3) by inserting before paragraph (3) the following:
            ``(2) Robocall.--
                    ``(A) In general.--The term `robocall' means a call 
                made or text message sent--
                            ``(i) using equipment, whether hardware, 
                        software, or a combination thereof and 
                        including an automatic telephone dialing 
                        system, that makes a call or sends a text 
                        message to--
                                    ``(I) stored telephone numbers; or
                                    ``(II) telephone numbers produced 
                                using a random or sequential number 
                                generator; or
                            ``(ii) using an artificial or prerecorded 
                        voice or an artificially generated message.
                    ``(B) Limitation.--For purposes of subparagraph 
                (A)(i), the term `robocall' does not include a call 
                made or text message sent using equipment that requires 
                substantial human intervention to make or send the call 
                or text message.'';
            (4) by redesignating paragraph (5) as paragraph (7); and
            (5) by inserting after paragraph (4) the following:
            ``(5) Text message.--
                    ``(A) In general.--The term `text message' means a 
                message consisting of text, images, sounds, or other 
                information that is transmitted to or from a device 
                that is identified as the receiving or transmitting 
                device by means of a 10-digit telephone number, N11 
                service code, short code telephone number, or email 
                address, or that is transmitted through application-to-
                person messaging, and includes--
                            ``(i) a short message service (commonly 
                        referred to as `SMS') message;
                            ``(ii) a multimedia message service 
                        (commonly referred to as `MMS') message; and
                            ``(iii) a rich communication service 
                        (commonly referred to as `RCS') message.
                    ``(B) Limitation.--The term `text message' does not 
                include a real-time, two-way voice or video 
                communication.
            ``(6) Text messaging service.--The term `text messaging 
        service' means a service that enables the transmission or 
        receipt of a text message, including a service provided as part 
        of or in connection with a voice service.''.
    (b) Restrictions on Use of Robocalls.--Section 227(b) of the 
Communications Act of 1934 (47 U.S.C. 227(b)) is amended--
            (1) in the subsection heading, by striking ``Automated 
        Telephone Equipment'' and inserting ``Robocalls'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i)--
                                    (I) by striking ``any call'' and 
                                inserting ``a robocall'';
                                    (II) by striking ``a call'' and 
                                inserting ``a robocall''; and
                                    (III) by striking ``using any 
                                automatic telephone dialing system or 
                                an artificial or prerecorded voice''; 
                                and
                            (ii) in clause (iii), by striking ``call'' 
                        each place it appears and inserting 
                        ``robocall'';
                    (B) in subparagraph (B)--
                            (i) by striking ``any telephone call'' and 
                        inserting ``a robocall'';
                            (ii) by striking ``using an artificial or 
                        prerecorded voice to deliver a message''; and
                            (iii) by striking ``the call'' and 
                        inserting ``the robocall''; and
                    (C) in subparagraph (D), by striking ``use an 
                automatic telephone dialing system'' and inserting 
                ``make robocalls''; and
            (3) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``calls made 
                using an artificial or prerecorded voice'' and 
                inserting ``robocalls'';
                    (B) in subparagraph (B), by striking ``calls'' each 
                place it appears and inserting ``robocalls'';
                    (C) in subparagraph (C), by striking ``calls'' and 
                inserting ``robocalls'';
                    (D) in subparagraph (H), by striking ``calls'' and 
                inserting ``robocalls''; and
                    (E) in subparagraph (I)--
                            (i) by striking ``calls'' each place it 
                        appears and inserting ``robocalls''; and
                            (ii) by striking ``be called'' and 
                        inserting ``receive such robocalls''.
    (c) Technical and Procedural Standards.--Section 227(d) of the 
Communications Act of 1934 (47 U.S.C. 227(d)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``any telephone call using any 
                automatic telephone dialing system'' and inserting ``a 
                robocall''; and
                    (B) by striking ``or automatic telephone dialing 
                system'' and inserting ``or robocall system''; and
            (2) in paragraph (3)--
                    (A) in the paragraph heading, by striking 
                ``Artificial or prerecorded voice'' and inserting 
                ``Robocall'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``any artificial or prerecorded voice message 
                via telephone'' and inserting ``robocalls'';
                    (C) in subparagraph (A)--
                            (i) by striking ``artificial or prerecorded 
                        telephone messages'' and inserting ``robocalls 
                        using an artificial or prerecorded voice or an 
                        artificially generated message''; and
                            (ii) by striking ``the call'' and inserting 
                        ``the robocall''; and
                    (D) in subparagraph (B), by striking ``to make or 
                receive other calls''.
    (d) Prohibition on Provision of Misleading or Inaccurate Caller 
Identification Information.--Section 227(e)(8) of the Communications 
Act of 1934 (47 U.S.C. 227(e)(8)) is amended--
            (1) by striking subparagraphs (C) and (D); and
            (2) by redesignating subparagraph (E) as subparagraph (C).
    (e) Effect on State Law.--Section 227(f)(1) of the Communications 
Act of 1934 (47 U.S.C. 227(f)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``automatic telephone dialing 
                systems'' and inserting ``robocalls''; and
                    (B) by adding ``or'' at the end;
            (2) by striking subparagraph (C); and
            (3) by redesignating subparagraph (D) as subparagraph (C).
    (f) Annual Report to Congress on Robocalls and Transmission of 
Misleading or Inaccurate Caller Identification Information.--Section 
227(h)(2) of the Communications Act of 1934 (47 U.S.C. 227(h)(2)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``that a consumer 
                received a call in violation'' and inserting ``a 
                violation'';
                    (B) in clause (ii), by striking ``that a consumer 
                received a call in violation'' and inserting ``a 
                violation''; and
                    (C) in clause (iii), by striking ``that a consumer 
                received a call in connection with which misleading or 
                inaccurate caller identification information was 
                transmitted in violation'' and inserting ``a 
                violation'';
            (2) in subparagraph (F), by striking ``calls made in 
        violation'' and inserting ``violations''; and
            (3) in subparagraph (G)--
                    (A) by striking ``short-duration calls'' and 
                inserting ``short-duration calls or high-volume, 
                unlawful text messages''; and
                    (B) by striking ``calls made in violation'' each 
                place it appears and inserting ``violations''.
    (g) Information Sharing.--Section 227(i) of the Communications Act 
of 1934 (47 U.S.C. 227(i)) is amended--
            (1) by striking paragraph (2);
            (2) by striking ``Sharing'' and all that follows through 
        ``Not later than'' and inserting ``Sharing.--Not later than''; 
        and
            (3) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively (and conforming the 
        margins accordingly).
    (h) Robocall Blocking Service.--Section 227(j) of the 
Communications Act of 1934 (47 U.S.C. 227(j)) is amended--
            (1) by striking paragraph (2);
            (2) by striking ``Service'' and all that follows through 
        ``Not later than'' and inserting ``Service.--Not later than'';
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively (and conforming the 
        margins accordingly); and
            (4) by redesignating clauses (i) and (ii) as subparagraphs 
        (A) and (B), respectively (and conforming the margins 
        accordingly).
    (i) Regulations.--Not later than 270 days after the date of the 
enactment of this Act, the Commission shall promulgate regulations to 
implement this section, including the amendments made by this section.

SEC. 102. TEXT MESSAGE AUTHENTICATION AND TRACE BACK STUDY.

    (a) Study.--The Commission shall conduct a study to determine the 
feasibility of--
            (1) creating an authentication framework with respect to 
        text messages; and
            (2) requiring responses, from enforcement authorities, with 
        respect to requests to trace back the origin of text messages.
    (b) Consultation.--In conducting the study under subsection (a), 
the Commission shall consult with relevant stakeholders, including 
representatives of private industry, public interest organizations, and 
academia.
    (c) Report.--Not later than 18 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 
findings of the study conducted under subsection (a).
    (d) Text Message Defined.--In this section, the term ``text 
message'' has the meaning given that term in section 227(a) of the 
Communications Act of 1934 (47 U.S.C. 227(a)), as amended by this Act.

SEC. 103. ANNUAL ROBOCALL REPORT.

    (a) Notice by the Commission Seeking Registrations.--Section 
13(d)(2) of the Pallone-Thune Telephone Robocall Abuse Criminal 
Enforcement and Deterrence Act is amended--
            (1) in the paragraph heading, by striking ``Annual notice'' 
        and inserting ``Notice''; and
            (2) by striking ``annually'' and inserting ``every 3 
        years''.
    (b) Suspected Unlawful Robocall.--Section 13(f)(3) of the Pallone-
Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act 
is amended by inserting ``(not including a text message)'' after 
``means a call''.

SEC. 104. DISCLOSURE REQUIRED FOR ROBOCALLS USING AI.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is 
amended by adding at the end the following:
    ``(k) Disclosure Required for Robocalls Using AI.--If a person 
making a robocall uses artificial intelligence to emulate a human 
being, such person shall disclose at the beginning of the call or text 
message the fact that artificial intelligence is being used.''.

SEC. 105. ENHANCED PENALTIES FOR VIOLATIONS INVOLVING AI VOICE OR TEXT 
              MESSAGE IMPERSONATION.

    (a) In General.--Section 227 of the Communications Act of 1934 (47 
U.S.C. 227), as amended by the preceding provisions of this Act, is 
further amended by adding at the end the following:
    ``(l) Enhanced Penalties for Violations Involving AI Voice or Text 
Message Impersonation.--In the case of a violation of this section with 
respect to which the party making the call or sending the text message 
uses artificial intelligence to impersonate an individual or entity 
with the intent to defraud, cause harm, or wrongfully obtain anything 
of value--
            ``(1) the maximum amount of the forfeiture penalty that may 
        be imposed under subsection (b)(4) or (e)(5)(A) of this section 
        or subsection (b) of section 503 (as the case may be) shall be 
        twice the maximum amount that may be imposed for such violation 
        under such subsection without regard to this subsection; and
            ``(2) the maximum amount of the criminal fine that may be 
        imposed under subsection (e)(5)(B) of this section or section 
        501 (as the case may be) shall be twice the maximum amount that 
        may be imposed for such violation under such subsection or 
        section without regard to this subsection.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to violations occurring after the date of the 
enactment of this Act.

SEC. 106. CERTAIN REQUIREMENTS FOR VOIP SERVICE PROVIDERS.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227), as 
amended by the preceding provisions of this Act, is further amended by 
adding at the end the following:
    ``(m) Certain Requirements for VoIP Service Providers.--
            ``(1) Regulations.--Not later than 1 year after the date of 
        the enactment of this subsection, the Commission shall 
        promulgate regulations that do the following:
                    ``(A) Require a provider of covered VoIP service to 
                do the following:
                            ``(i) Verify the identity of each customer 
                        of the provider.
                            ``(ii) Proactively and continuously monitor 
                        and analyze traffic on the service of the 
                        provider to determine whether any customer of 
                        the provider has engaged or is engaging in a 
                        pattern or practice of making robocalls using 
                        the service of the provider.
                            ``(iii) If the provider ascertains, through 
                        the monitoring and analysis required under 
                        clause (ii) or other means, that a customer of 
                        the provider has engaged or is engaging in a 
                        pattern or practice of making robocalls using 
                        the service of the provider, conduct an 
                        investigation to determine expeditiously 
                        whether there is substantial evidence that the 
                        customer has committed or is committing any 
                        violation of this section, or any other 
                        applicable law or regulation, with respect to 
                        such robocalls.
                            ``(iv) If the provider determines in an 
                        investigation conducted under clause (iii) that 
                        there is substantial evidence that the customer 
                        has committed or is committing any violation 
                        described in such clause, not later than 10 
                        days after making the determination--
                                    ``(I) take affirmative, effective 
                                measures to mitigate the origination or 
                                transmission of such robocalls; and
                                    ``(II) submit to the Robocall 
                                Mitigation Database of the Commission a 
                                public report containing such evidence 
                                and describing such investigation and 
                                measures.
                    ``(B) Provide that the directors and officers (or 
                any other individuals holding similar positions) and 
                covered owners of a provider of covered VoIP service 
                are jointly and severally liable with the provider for 
                any failure to comply with--
                            ``(i) the regulations promulgated under 
                        this subsection; or
                            ``(ii) if the provider or any such 
                        director, officer, other individual, or covered 
                        owner knew or should have known that the 
                        service of the provider was being used to 
                        facilitate robocalls in violation of any other 
                        regulation promulgated by the Commission or law 
                        enforced by the Commission, such regulation or 
                        law.
                    ``(C) Establish a process by which, if a provider 
                of covered VoIP service receives notice of suspected 
                illegal traffic under the rules of the Commission and 
                fails to sufficiently respond to the notice and 
                mitigate the suspected illegal traffic, the provider 
                can be temporarily suspended from the Robocall 
                Mitigation Database of the Commission and have the 
                traffic of the provider blocked by downstream voice 
                service providers and intermediate providers, pending a 
                final determination by the Commission of whether to 
                remove the provider of covered VoIP service from the 
                Robocall Mitigation Database.
            ``(2) Definitions.--In this subsection:
                    ``(A) Covered owner.--The term `covered owner' 
                means, with respect to a provider of covered VoIP 
                service, any individual or entity that owns an equity 
                interest (or the equivalent thereof) in the provider of 
                50 percent or greater.
                    ``(B) Covered voip service.--The term `covered VoIP 
                service' means any of the following:
                            ``(i) An interconnected VoIP service.
                            ``(ii) A non-interconnected VoIP 
                        service.''.

SEC. 107. TRACKING OF TOP 100 ILLEGAL ROBOCALL CAMPAIGNS.

    (a) Framework and Tracking System.-- Not later than 1 year after 
the date of the enactment of this Act, the Commission shall develop a 
framework and tracking system to monitor the top 100 robocall campaigns 
that primarily involve robocalls that are illegal or suspected to be 
illegal.
    (b) Monthly Report.--Not later than 1 month after developing the 
framework and tracking system required by subsection (a), and monthly 
thereafter, the Commission shall make available to the public on the 
website of the Commission a report, with respect to the preceding 1-
month period, on the campaigns described in such subsection.
    (c) Robocall Defined.--In this section, the term ``robocall'' has 
the meaning given such term in section 227(a) of the Communications Act 
of 1934 (47 U.S.C. 227(a)), as amended by this Act.

SEC. 108. OFFERING OF ROBOCALL-BLOCKING SERVICE AT NO CHARGE TO 
              CUSTOMER.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227), as 
amended by the preceding provisions of this Act, is further amended by 
adding at the end the following:
    ``(n) Offering of Robocall-Blocking Service at No Charge to 
Customer.--
            ``(1) Regulations.--Not later than 180 days after the date 
        of the enactment of this subsection, the Commission shall 
        promulgate regulations that require a provider of voice service 
        to offer a robocall-blocking service to each customer of the 
        provider, at no additional charge to the customer.
            ``(2) Definitions.--In this subsection:
                    ``(A) Robocall-blocking service.--The term 
                `robocall-blocking service' means a service that gives 
                a customer of a provider of voice service the ability 
                to block robocalls that are highly likely to be 
                illegal.
                    ``(B) Voice service.--The term `voice service' has 
                the meaning given such term in section 4(a) of the 
                Pallone-Thune TRACED Act (47 U.S.C. 227b(a)).''.

SEC. 109. TELEPHONE SOLICITATION.

    Section 227(a) of the Communications Act of 1934 (47 U.S.C. 
227(a)), as amended by the preceding provisions of this Act, is further 
amended by striking paragraph (4) and inserting the following:
            ``(4) Telephone solicitation.--
                    ``(A) In general.--The term `telephone 
                solicitation' means the initiation of a telephone call 
                or text message, transmitted to a person, for the 
                purpose of--
                            ``(i) deception, fraud, or wrongfully 
                        obtaining anything of value; or
                            ``(ii) encouraging the purchase, sale, or 
                        rental of, or investment in, property, goods, 
                        or services, including referral or hiring 
                        services.
                    ``(B) Limitation.--With respect to subparagraph 
                (A)(ii), the term `telephone solicitation' does not 
                include a call or message--
                            ``(i) to any person with that person's 
                        prior express invitation or permission;
                            ``(ii) to any person with whom the caller 
                        has an established business relationship; or
                            ``(iii) by a tax exempt nonprofit 
                        organization.''.

SEC. 110. COMMISSION DEFINED.

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

                   TITLE II--FEDERAL TRADE COMMISSION

SEC. 201. ADDITION OF TEXT MESSAGE TO THE DEFINITION OF TELEMARKETING.

    Section 7 of the Telemarketing and Consumer Fraud and Abuse 
Prevention Act (15 U.S.C. 6106) is amended--
            (1) in paragraph (4), by inserting ``or text message'' 
        after ``telephone call''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Text message.--
                    ``(A) In general.--The term `text message' means a 
                message consisting of text, images, sounds, or other 
                information that is transmitted to or from a device 
                that is identified as the receiving or transmitting 
                device by means of a 10-digit telephone number, N11 
                service code, short code telephone number, or email 
                address, or that is transmitted through application-to-
                person messaging, and includes--
                            ``(i) a short message service (commonly 
                        referred to as `SMS') message;
                            ``(ii) a multimedia message service 
                        (commonly referred to as `MMS') message; and
                            ``(iii) a rich communication service 
                        (commonly referred to as `RCS') message.
                    ``(B) Limitation.--The term `text message' does not 
                include a real-time, two-way voice or video 
                communication.''.

SEC. 202. ADOPTION OF REGULATIONS ON INBOUND TELEPHONE CALLS AND 
              EXPANDED CALLING TIME RESTRICTIONS.

    (a) Inbound Telephone Calls.--Not later than 1 year after the date 
of the enactment of this Act, the Commission shall revise the 
Telemarketing Sales Rule (part 310 of title 16, Code of Federal 
Regulations), to prohibit deceptive or other abusive telemarketing acts 
or practices relating to inbound telephone calls, subject to the 
exemption relating to catalogs (as provided for in the Telemarketing 
Sales Rule as of the date of the enactment of this Act).
    (b) Calling Time Restrictions.--Not later than 1 year after the 
date of the enactment of this Act, the Commission shall revise the 
Telemarketing Sales Rule (part 310 of title 16, Code of Federal 
Regulations), to expand the calling time restrictions contained in the 
Telemarketing Sales Rule such that it shall be an abusive telemarketing 
act or practice and a violation of the Telemarketing Sales Rule for a 
telemarketer to engage in outbound telephone calls to a person's 
residence at any time other than between 9:00 a.m. and 5:00 p.m. local 
time at the called person's location.

SEC. 203. DISCLOSURE REQUIRED FOR TELEMARKETING USING AI.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Commission shall revise the Telemarketing 
Sales Rule (part 310 of title 16, Code of Federal Regulations) so as to 
add a requirement that, if a person makes a call or sends a text 
message with respect to telemarketing and uses artificial intelligence 
in such call or text message to emulate a human being, such person 
shall disclose at the beginning of such call or text message the fact 
that artificial intelligence is being used.
    (b) Definitions.--In this section, the terms ``telemarketing'' and 
``text message'' have the meanings given such terms in section 7 of the 
Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 
6106), as amended by this Act.

SEC. 204. ENHANCED PENALTIES FOR VIOLATIONS OF TELEMARKETING RULES 
              INVOLVING AI VOICE OR TEXT MESSAGE IMPERSONATION.

    (a) In General.--Section 6 of the Telemarketing and Consumer Fraud 
and Abuse Prevention Act (15 U.S.C. 6105) is amended by adding at the 
end the following:
    ``(e) Enhanced Penalties for Violations Involving AI Voice or Text 
Message Impersonation.--
            ``(1) Penalties under federal trade commission act.--
        Notwithstanding subsection (b), in the case of a violation 
        described in paragraph (2), the maximum amount of the civil 
        penalty that may be imposed for such violation under subsection 
        (l) or (m) (as the case may be) of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) shall be twice the maximum 
        amount that may be imposed for such violation under such 
        subsection without regard to this subsection.
            ``(2) Violations described.--The violations described in 
        this paragraph are the following:
                    ``(A) A violation of a rule prescribed by the 
                Commission under section 3 with respect to which the 
                party making the call or sending the text message uses 
                artificial intelligence to impersonate an individual or 
                entity with the intent to defraud, cause harm, or 
                wrongfully obtain anything of value.
                    ``(B) A violation of a cease-and-desist order 
                issued by the Commission under section 5(b) of the 
                Federal Trade Commission Act (15 U.S.C. 45(b)) with 
                respect to a violation described in subparagraph 
                (A).''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to violations occurring after the date of the 
enactment of this Act.

SEC. 205. COMMISSION DEFINED.

    In this title, the term ``Commission'' means the Federal Trade 
Commission.
                                 <all>