[Congressional Record Volume 165, Number 87 (Thursday, May 23, 2019)]
[Senate]
[Pages S3075-S3077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TELEPHONE ROBOCALL ABUSE CRIMINAL ENFORCEMENT AND DETERRENCE ACT
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to the consideration of S. 151.
The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 151) to deter criminal robocall violations and
improve enforcement of section 227(b) of the Communications
Act of 1934, and for other purposes.
Thereupon, the Senate proceeded to consider the bill, which had been
reported from the Committee on Commerce, Science, and Transportation,
with an amendment to strike all after the enacting clause and insert in
lieu thereof the following:
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
[[Page S3076]]
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.
The PRESIDING OFFICER. Under the previous order, the committee-
reported substitute amendment is agreed to.
The committee-reported amendment in the nature of a substitute was
agreed to.
The PRESIDING OFFICER. The clerk will read the title of the bill for
the third time.
[[Page S3077]]
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill, as amended, pass?
Mr. WICKER. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Oklahoma (Mr. Inhofe) and the Senator from South Dakota (Mr.
Rounds).
The PRESIDING OFFICER (Mr. Young). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 97, nays 1, as follows:
[Rollcall Vote No. 127 Leg.]
YEAS--97
Alexander
Baldwin
Barrasso
Bennet
Blackburn
Blumenthal
Blunt
Booker
Boozman
Braun
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Daines
Duckworth
Durbin
Enzi
Ernst
Feinstein
Fischer
Gardner
Gillibrand
Graham
Grassley
Harris
Hassan
Hawley
Heinrich
Hirono
Hoeven
Hyde-Smith
Isakson
Johnson
Jones
Kaine
Kennedy
King
Klobuchar
Lankford
Leahy
Lee
Manchin
Markey
McConnell
McSally
Menendez
Merkley
Moran
Murkowski
Murphy
Murray
Perdue
Peters
Portman
Reed
Risch
Roberts
Romney
Rosen
Rubio
Sanders
Sasse
Schatz
Schumer
Scott (FL)
Scott (SC)
Shaheen
Shelby
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Van Hollen
Warner
Warren
Whitehouse
Wicker
Wyden
Young
NAYS--1
Paul
NOT VOTING--2
Inhofe
Rounds
The bill (S. 151), as amended, was passed.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid upon the table.
The Senator from Texas.
____________________