[House Report 116-173]
[From the U.S. Government Publishing Office]


116th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {     116-173

======================================================================



 
                       STOPPING BAD ROBOCALLS ACT

                                _______
                                

 July 23, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3375]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3375) to amend the Communications Act of 1934 to 
clarify the prohibitions on making robocalls, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary.............................................10
 II. Background and Need for Legislation.............................11
III. Committee Hearings..............................................12
 IV. Committee Consideration.........................................12
  V. Committee Votes.................................................13
 VI. Oversight Findings..............................................15
VII. New Budget Authority, Entitlement Authority, and Tax 
     Expenditures....................................................15
VIII.Federal Mandates Statement......................................15

 IX. Statement of General Performance Goals and Objectives...........15
  X. Duplication of Federal Programs.................................15
 XI. Committee Cost Estimate.........................................15
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....15
XIII.Advisory Committee Statement....................................15

XIV. Applicability to Legislative Branch.............................16
 XV. Section-by-Section Analysis of the Legislation..................16
XVI. Changes in Existing Law Made by the Bill, as Reported...........20

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Stopping Bad Robocalls Act''.

SEC. 2. CONSUMER PROTECTION REGULATIONS RELATING TO MAKING ROBOCALLS.

  Not later than 6 months after the date of the enactment of this Act, 
and as appropriate thereafter to ensure that the consumer protection 
and privacy purposes of section 227 of the Communications Act of 1934 
(47 U.S.C. 227) remain effective, the Commission shall prescribe such 
regulations, or amend such existing regulations, regarding calls made 
or text messages sent using automatic telephone dialing systems and 
calls made using an artificial or prerecorded voice as will, in the 
judgment of the Commission, clarify descriptions of automatic telephone 
dialing systems and ensure that--
          (1) the consumer protection and privacy purposes of such 
        section are effectuated;
          (2) calls made and text messages sent using automatic 
        telephone dialing systems and calls made using an artificial or 
        prerecorded voice are made or sent (as the case may be) with 
        consent, unless consent is not required under or the call or 
        text message is exempted by paragraph (1), (2)(B), or (2)(C) of 
        subsection (b) of such section;
          (3) consumers can withdraw consent for such calls and text 
        messages;
          (4) circumvention or evasion of such section is prevented;
          (5) callers maintain records to demonstrate that such callers 
        have obtained consent, unless consent is not required under or 
        the call or text message is exempted by paragraph (1), (2)(B), 
        or (2)(C) of subsection (b) of such section, for such calls and 
        text messages, for a period of time that will permit the 
        Commission to effectuate the consumer protection and privacy 
        purposes of such section; and
          (6) compliance with such section is facilitated.

SEC. 3. CONSUMER PROTECTIONS FOR EXEMPTIONS.

  (a) In General.--Section 227(b)(2) of the Communications Act of 1934 
(47 U.S.C. 227(b)(2)) is amended--
          (1) in subparagraph (G)(ii), by striking ``; and'' and 
        inserting a semicolon;
          (2) in subparagraph (H), by striking the period at the end 
        and inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(I) shall ensure that any exemption under 
                subparagraph (B) or (C) contains requirements for calls 
                made in reliance on the exemption with respect to--
                          ``(i) the classes 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. 4. REPORT ON REASSIGNED NUMBER DATABASE.

  (a) Report to Congress.--
          (1) In general.--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).
          (2) Contents.--The report required by paragraph (1) shall 
        describe the efforts of the Commission, as described in such 
        Second Report and Order, to ensure--
                  (A) 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;
                  (B) 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
                  (C) that if the person makes the demonstration 
                described in subparagraph (B), 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.
  (b) Clarification of Definition of Called Party.--
          (1) In general.--Section 227(a) of the Communications Act of 
        1934 (47 U.S.C. 227(a)) is amended by adding at the end the 
        following:
          ``(6) The term `called party' means, with respect to a call, 
        the current subscriber or customary user of the telephone 
        number to which the call is made, determined at the time when 
        the call is made.''.
          (2) Conforming amendments.--Section 227(d)(3)(B) of the 
        Communications Act of 1934 (47 U.S.C. 227(d)(3)(B)) is 
        amended--
                  (A) by striking ``called party's line'' each place it 
                appears and inserting ``telephone line called''; and
                  (B) by striking ``called party has hung up'' and 
                inserting ``answering party has hung up''.
          (3) Effective date.--The amendments made by this subsection 
        shall apply beginning on the date on which the database 
        described in 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) 
        becomes fully operational, such that a person may check the 
        database to determine the last date of permanent disconnection 
        associated with a phone number. Nothing in the amendments made 
        by this subsection shall affect the construction of the law as 
        it applies before the effective date.

SEC. 5. ENFORCEMENT.

  (a) No Citation Required to Seek Forfeiture Penalty.--
          (1) For robocall violations.--Section 227(b) of the 
        Communications Act of 1934 (47 U.S.C. 227(b)) is amended by 
        adding at the end the following:
          ``(4) No citation required to seek forfeiture penalty.--
        Paragraph (5) of section 503(b) shall not apply in the case of 
        a violation made with the intent to cause such violation of 
        this subsection.''.
          (2) For caller identification information violations.--
        Section 227(e)(5)(A)(iii) of the Communications Act of 1934 (47 
        U.S.C. 227(e)(5)(A)(iii)) is amended by adding at the end the 
        following: ``Paragraph (5) of section 503(b) shall not apply in 
        the case of a violation of this subsection.''.
  (b) 4-year Statute of Limitations.--
          (1) For robocall violations.--Section 227(b) of the 
        Communications Act of 1934 (47 U.S.C. 227(b)), as amended by 
        subsection (a), is further amended by adding at the end the 
        following:
          ``(5) 4-year statute of limitations.--Notwithstanding 
        paragraph (6) of section 503(b), no forfeiture penalty for 
        violation of this subsection shall be determined or imposed 
        against any person if the violation charged occurred more 
        than--
                  ``(A) 3 years prior to the date of issuance of the 
                notice required by paragraph (3) of such section or the 
                notice of apparent liability required by paragraph (4) 
                of such section (as the case may be); or
                  ``(B) if the violation was made with the intent to 
                cause such violation, 4 years prior to the date of 
                issuance of the notice required by paragraph (3) of 
                such section or the notice of apparent liability 
                required by paragraph (4) of such section (as the case 
                may be).''.
          (2) For caller identification information violations.--
        Section 227(e)(5)(A)(iv) of the Communications Act of 1934 (47 
        U.S.C. 227(e)(5)(A)(iv)) is amended--
                  (A) in the heading, by striking ``2-year'' and 
                inserting ``4-year''; and
                  (B) by striking ``2 years'' and inserting ``4 
                years''.
  (c) Increased Penalty for Robocall Violations With Intent.--Section 
227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)), as amended 
by subsections (a) and (b), is further amended by adding at the end the 
following:
          ``(6) Increased penalty for violations with intent.--In the 
        case of a forfeiture penalty for violation of this subsection 
        that is determined or imposed under section 503(b), if such 
        violation was made with the intent to cause such violation, the 
        amount of such penalty 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.''.

SEC. 6. ANNUAL REPORT TO CONGRESS.

  Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is 
amended by adding at the end the following:
  ``(i) Annual Report to Congress on Robocalls and Transmission of 
Misleading or Inaccurate Caller Identification Information.--
          ``(1) Report required.--Not later than 1 year after the date 
        of the enactment of 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 five 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 7(d) of the Stopping Bad Robocalls Act).''.

SEC. 7. REGULATIONS RELATING TO EFFECTIVE CALL AUTHENTICATION 
                    TECHNOLOGY.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Commission shall prescribe regulations in WC Docket No. 
17-97.
  (b) Requirements for Effective Call Authentication Technology.--
          (1) In general.--The regulations required by subsection (a) 
        shall--
                  (A) require providers of voice service to implement, 
                within six months after the date on which such 
                regulations are prescribed, an effective call 
                authentication technology; and
                  (B) ensure that voice service providers that have 
                implemented the effective authentication technology 
                attest that such provider has determined, when 
                originating calls on behalf of a calling party, that 
                the calling party number transmitted with such calls 
                has been appropriately authenticated.
          (2) Reassessment of regulations.--The Commission shall 
        reassess such regulations, at least once every two years, to 
        ensure the regulations remain effective and up to date with 
        technological capabilities.
          (3) Exemption.--
                  (A) Burdens and barriers to implementation.--The 
                Commission--
                          (i) shall include findings on any burdens or 
                        barriers to the implementation required in 
                        paragraph (1), including--
                                  (I) for providers of voice service to 
                                the extent the networks of such 
                                providers use time-division 
                                multiplexing; and
                                  (II) for small providers of voice 
                                service and those in rural areas; and
                          (ii) in connection with such findings, may 
                        exempt from the 6-month time period described 
                        in paragraph (1)(A), for a reasonable period of 
                        time a class of providers of voice service, or 
                        type of voice calls, as necessary for that 
                        class of providers or type of calls to 
                        participate in the implementation in order to 
                        address the identified burdens and barriers.
                  (B) Full participation.--The Commission shall take 
                all steps necessary to address any issues in the 
                findings and enable as promptly as possible full 
                participation of all classes of providers of voice 
                service and types of voice calls to receive the highest 
                level of attestation.
                  (C) Alternative methodologies.--The Commission shall 
                identify or develop, in consultation with small 
                providers of service and those in rural areas, 
                alternative effective methodologies to protect 
                customers from unauthenticated calls during any 
                exemption given under subparagraph (A)(ii). Such 
                methodologies shall be provided with no additional line 
                item charge to customers.
                  (D) Revision of exemption.--Not less frequently than 
                annually after the first exemption is issued under this 
                paragraph, the Commission shall consider revising or 
                extending any exemption made, may revise such 
                exemption, and shall issue a public notice with regard 
                to whether such exemption remains necessary.
          (4) Accurate identification.--The regulations required by 
        subsection (a) shall include guidelines that providers of voice 
        service may use as part of the implementation of effective call 
        authentication technology under paragraph (1) to take steps to 
        ensure the calling party is accurately identified.
          (5) No additional cost to consumers or small business 
        customers.--The regulations required by subsection (a) shall 
        prohibit providers of voice service from making any additional 
        line item charges to consumer or small business customer 
        subscribers for the effective call authentication technology 
        required under paragraph (1).
          (6) Evaluation.--Not later than 2 years after the date of 
        enactment of this Act, and consistent with the regulations 
        prescribed under subsection (a), the Commission shall initiate 
        an evaluation of the success of the effective call 
        authentication technology required under paragraph (1).
          (7) Unauthenticated calls.--The Commission shall--
                  (A) in the regulations required by subsection (a), 
                consistent with the regulations prescribed under 
                subsection (k) of section 227 of the Communications Act 
                of 1934 (47 U.S.C. 227), as added by section 8, help 
                protect subscribers from receiving unwanted calls from 
                a caller using an unauthenticated number, through 
                effective means of enabling the subscriber or provider 
                to block such calls, with no additional line item 
                charge to the subscriber; and
                  (B) take appropriate steps to ensure that calls 
                originating from a provider of service in an area where 
                the provider is exempt from the 6-month time period 
                described in paragraph (1)(A) are not wrongly blocked 
                because the calls are not able to be authenticated.
  (c) Report.--Not later than 6 months after the date on which the 
regulations under subsection (a) are prescribed, 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, and make publicly available on its 
website, a report on the implementation of subsection (b), which shall 
include--
          (1) an analysis of the extent to which providers of a voice 
        service have implemented the effective call authentication 
        technology, including whether the availability of necessary 
        equipment and equipment upgrades has impacted such 
        implementation; and
          (2) an assessment of the effective call authentication 
        technology, as being implemented under subsection (b), in 
        addressing all aspects of call authentication.
  (d) Voice Service Defined.--In this section, the term ``voice 
service''--
          (1) 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
          (2) includes--
                  (A) transmissions from a telephone facsimile machine, 
                computer, or other device to a telephone facsimile 
                machine; and
                  (B) 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. 8. STOP ROBOCALLS.

  (a) Information Sharing Regarding Robocall and Spoofing Violations.--
Section 227 of the Communications Act of 1934 (47 U.S.C. 227), as 
amended by section 6, is further amended by adding at the end the 
following:
  ``(j) 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 section 6 and subsection (a) of 
this section, is further amended by adding at the end the following:
  ``(k) 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.
          ``(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 (j) 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 (k) 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. 9. 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. 10. 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. 11. INTERAGENCY WORKING GROUP.

  (a) In General.--The Attorney General, in consultation with the 
Commission, shall convene an interagency working group to study the 
enforcement 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 law, 
        including regulations, policies, and practices, or budgetary or 
        jurisdictional constraints inhibit the enforcement of such 
        section;
          (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 
        enforcement and prevention of the violation of such section;
          (3) identify existing and potential international policies 
        and programs that encourage and improve coordination between 
        countries in the enforcement and prevention of the violation of 
        such section (and laws of foreign countries prohibiting similar 
        conduct); and
          (4) consider--
                  (A) the benefit and potential sources of additional 
                resources for the Federal enforcement and prevention of 
                the violation of such section;
                  (B) whether memoranda of understanding regarding the 
                enforcement and prevention of the violation of such 
                section should be established between--
                          (i) the States;
                          (ii) the States and the Federal Government; 
                        and
                          (iii) the Federal Government and foreign 
                        governments;
                  (C) whether a process should be established to allow 
                States to request Federal subpoenas from the Commission 
                with respect to the enforcement of such section;
                  (D) whether increased criminal penalties for the 
                violation of such section (including increasing the 
                amount of fines and increasing the maximum term of 
                imprisonment that may be imposed to a period greater 
                than 2 years) are appropriate;
                  (E) whether regulation of any entity that enters into 
                a business arrangement with a carrier for the specific 
                purpose of carrying, routing, or transmitting a call 
                that constitutes a violation of such section would 
                assist in the successful enforcement and prevention of 
                the violation of such section; and
                  (F) the extent to which the prosecution of certain 
                violations of such section (which result in economic, 
                physical, or emotional harm) pursuant to any Department 
                of Justice policy may inhibit or otherwise interfere 
                with the prosecution of other violations of such 
                section.
  (c) Members.--The interagency working group shall be composed of such 
representatives of Federal departments and agencies as the Attorney 
General considers appropriate, which may include--
          (1) the Department of Commerce (including the National 
        Telecommunications and Information Administration);
          (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 
relevant expertise, including the National Association of Attorneys 
General.
  (e) Report to Congress.--Not later than 9 months after the date of 
the enactment of this Act, the interagency working group shall submit 
to the Committee on Commerce, Science, and Transportation and the 
Committee on the Judiciary of the Senate and the Committee on Energy 
and Commerce and the Committee on the Judiciary of the House of 
Representatives a report on the findings of the study under subsection 
(a), including--
          (1) any recommendations regarding the enforcement and 
        prevention of the violation of such section; and
          (2) a description of what process, if any, relevant Federal 
        departments and agencies have made in implementing the 
        recommendations under paragraph (1).

SEC. 12. COMMISSION DEFINED.

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

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 service providers that are found to 
originate or transmit substantial amounts of illegal calls.
  (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)(4)(B)(ii).
                  (E) Hospitals.
                  (F) State government officials focused on combatting 
                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.

                         I. Purpose and Summary

    H.R. 3375, the ``Stopping Bad Robocalls Act'', was 
introduced on June 25, 2019, by Reps. Pallone (D-NJ), Walden 
(R-OR), Doyle (D-PA), and Latta (R-OH), and referred to the 
Committee on Energy and Commerce. H.R. 3375 would take myriad 
actions aimed at relieving consumers from the onslaught of 
robocalls. Among other things, H.R. 3375 would require the 
implementation of nationwide call authentication technology so 
consumers can again trust the number that appears on their 
caller ID. The legislation also provides for carriers to offer 
call blocking services and requires it to be offered at no 
additional line-item charge, and directs the Federal 
Communications Commission (FCC) to issue rules to protect 
consumers from calls they did not agree to receive and to 
ensure consumers can withdraw consent.

                II. Background and Need for Legislation

    According to many sources, Americans are receiving more 
unlawful robocalls than ever before. For example, the FCC 
received 232,000 consumer robocall complaints in 2018, a more 
than 34 percent increase since 2015.\1\ YouMail estimates that 
there were nearly 48 billion robocalls in 2018, up more than 64 
percent since 2016.\2\ First Orion predicts that this year, 
44.6 percent of all calls to mobile phones will be scam 
calls.\3\
---------------------------------------------------------------------------
    \1\See Federal Communication Commission, Report on Robocalls, at 
para. 9 (Feb. 2019).
    \2\See YouMail, Historical Robocalls by Time 
(www.robocallindex.com/history/time) (accessed Apr. 24, 2019).
    \3\First Orion, Nearly 50% of U.S. Mobile Traffic Will Be Scam 
Calls by 2019 (www.firstorion.com/nearly-50-of-u-s-mobile-traffic-will-
be-scam-calls-by-2019/) (accessed Apr. 24, 2019).
---------------------------------------------------------------------------
    In fact, the problem has become so pervasive, the FCC's 
Consumer and Governmental Affairs Bureau (CGB) noted that 
``[c]urrently, the only certain way to determine whether a call 
is wanted or unwanted is to answer it or let it go to 
voicemail, and hope the caller leaves a message.''\4\
---------------------------------------------------------------------------
    \4\See note 1 at para. 15.
---------------------------------------------------------------------------
    According to CGB, individuals tend to make robocalls for 
both legitimate and illegitimate purposes. Examples include 
telemarketing, committing fraud, but also to provide useful 
information pertaining to school closings or prescription or 
medical appointment reminders.\5\ With fraud becoming a growing 
concern, government agencies are warning consumers of scam 
calls in which callers impersonate the Internal Revenue 
Service, a local utility company, or foreign governments.\6\ 
Other agencies report ``One Ring Phone Scams,'' where scammers 
make repeated calls to the same number in an attempt to induce 
the consumer to call the number back, potentially resulting in 
hefty charges to the consumer.\7\
---------------------------------------------------------------------------
    \5\See Federal Communications Commission, Report on Robocalls, at 
para. 4-6 (Feb. 2019).
    \6\See id. at fn. 13.
    \7\Morristown Residents Alerted to New Scam, TAP into Morristown 
(Apr. 9, 2019) (www.tapinto.net/towns/morristown/articles/morristown-
residents-alerted-to-new-scam).
---------------------------------------------------------------------------
    Notably, however, not all robocalls are illegal. The 
Congress or the FCC, in relevant instances, have recognized 
that some calls provide significant benefits and therefore 
treats those differently. For example, some calls are exempted 
from the consent requirements of the Telephone Consumer 
Protection Act (TCPA). These include alerts regarding 
transactions and events that suggest a risk of fraud or 
identity theft from banks, news regarding school closings, 
calls made by the government, and non-telemarketing healthcare 
calls in cases of emergencies requiring healthcare treatment. 
H.R. 3375 would not overturn these exemptions.
    H.R. 3375 builds on the Committee's progress made in the 
RAY BAUM'S Act against fraudulent robocalls and spoofing, 
implementation of which was recently supported at the FCC by a 
bipartisan group of 42 State Attorneys General.\8\
---------------------------------------------------------------------------
    \8\Reply Comments of Forty-Two (42) State Attorneys General, FCC, 
WC Docket Nos. 18-335, 11-39 (filed May 3, 2019).
---------------------------------------------------------------------------

                         III. Committee Hearing

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 3375:
    The Subcommittee on Communications and Technology held a 
legislative hearing on April 30, 2019, entitled ``Legislating 
to Stop the Onslaught of Annoying Robocalls.'' The Subcommittee 
received testimony from:
           Aaron Foss, Founder, Nomorobo;
           Dave Summitt, Chief Information Security 
        Officer H. Lee Moffitt Cancer Center & Research 
        Institute, and Fellow for the Institute for Critical 
        Infrastructure Technology;
           Margot Saunders, Senior Counsel, National 
        Consumer Law Center; and
           Patrick Halley, Senior Vice President, 
        Advocacy and Regulatory Affairs, USTelecom--The 
        Broadband Association.

                      IV. Committee Consideration

    H.R. 3375, the ``Stopping Bad Robocalls Act'', was 
introduced in the House on June 20, 2019, by Reps. Pallone (D-
NJ), Walden (R-OR), Doyle (D-PA), and Latta (R-OH), and 
referred to the Committee on Energy and Commerce. Subsequently, 
the bill was referred to the Subcommittee on Communications and 
Technology on June 21, 2019. Following a legislative hearing, 
the Subcommittee met in open markup session, pursuant to 
notice, on June 25, 2019, for consideration of the bill H.R. 
3375. During consideration of the bill, Rep. McEachin (D-VA), 
Rep. Butterfield (D-NC), Rep. Clarke (D-NY), and Rep. Soto (D-
FL) each offered an amendment to H.R. 3375 and each amendment 
was agreed to by a voice vote. Subsequently, the Subcommittee 
on Communications and Technology agreed to a motion by Mr. 
Doyle, Chairman of the Subcommittee, that H.R. 3375 be 
forwarded favorably to the full Committee on Energy and 
Commerce, amended, by a voice vote.
    On July 17, 2019, the full Committee met in open markup 
session, pursuant to notice, to consider the bill H.R. 3375, as 
amended. During consideration, three amendments were adopted, 
each by a voice vote. The amendments were offered by Reps. 
Pallone and Walden, Rep. Burgess (R-TX), and Rep. Flores (R-
TX). At the conclusion of the bill's consideration, the 
Committee on Energy and Commerce agreed to a motion offered by 
Mr. Pallone, Chairman of the Committee, that the bill, H.R. 
3375, be ordered reported favorably to the House, amended, by a 
recorded vote of 48 yeas to 0 nays, a quorum being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there was one record vote taken on H.R. 
3375, on a motion by Mr. Pallone ordering H.R. 3375 be reported 
favorably to the House, amended. The motion on final passage of 
the bill was approved by a record vote of 48 yeas to 0 nays. 
The following is the record vote taken during Committee 
consideration, including the names of those members voting for 
and against the motion:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to protect 
consumers from unlawful robocalls.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 3375 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 3375 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    The legislation creates one federal advisory committee 
within the meaning of section 5(b) of the Federal Advisory 
Committee Act.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Stopping Bad Robocalls Act''.

Section 2. Consumer protection regulations relating to making robocalls

    This section requires the Federal Communications Commission 
(FCC) to complete a rulemaking within six months to revise its 
rules under the Telephone Consumer Protection Act (TCPA) to 
protect consumers and their privacy. Section 2, among other 
things, requires the FCC to clarify which dialing equipment is 
captured by the statutory definition of an automatic telephone 
dialing system found in 47 U.S.C. 227(a)(1). These regulations 
must ensure that calls made and text messages sent using an 
automatic telephone dialing system or using an artificial or 
prerecorded voice (as the case may be) are only made and sent 
with the consent of the person being called, as required under 
the TCPA.
    The Committee expects that the FCC will take steps to 
protect consumers from calls for which they have not consented 
to receive or for which they have revoked consent, as such 
calls are unlawful under the TCPA. This section also requires 
the FCC to ensure that consumers can always withdraw such 
consent, regardless of the means by which consent was granted. 
The Committee expects the FCC to make such withdrawal easy and 
intuitive for consumers.
    This section also requires the FCC to prevent circumvention 
or evasion of the TCPA. And the Committee expects, as is 
required under the FCC's regulations today, that if the calls 
or texts are for telemarketing purposes, consumers must have 
provided prior express written consent.
    Under this section, the FCC is also required to ensure that 
callers making such calls and texts by automatic telephone 
dialing systems or using an artificial or prerecorded voice 
maintain records that demonstrate callers have the consent of 
the people they are calling and texting.

Section 3. Consumer protections for exemptions

    This section requires the FCC to implement consumer 
protections on the FCC's exempted classes of calls made or text 
messages sent using an automatic telephone dialing system or 
using an artificial or prerecorded voice. These consumer 
protections must specifically include limits on: (1) the 
classes of parties that may make such calls, (2) the classes of 
parties that may be called, and (3) the number of calls allowed 
under the exemption. The section requires the FCC to update its 
regulations within one year to implement these consumer 
protections.

Section 4. Report on reassigned number database

    This section requires the FCC to issue a report to Congress 
to ensure the FCC is quickly implementing the reassigned number 
database it voted to implement in December 2018. This section 
also codifies what many courts have found to be the appropriate 
definition of the term ``called party.'' The Committee expects 
that the delay of implementation of this clarification will not 
affect such definition for calls made before the effective 
date, including in jurisdictions that have already interpreted 
the meaning of the term ``called party'' consistent with this 
section.

Section 5. Enforcement

    This section extends the statute of limitations by up to 
three years, and four years in cases of violations made ``with 
the intent to cause such violation,'' to give relevant 
authorities enough time to prosecute illegal robocallers.
    This section also permits the FCC to move forward with 
issuing a forfeiture against calls made in violation of 47 
U.S.C. 227(b) without a citation when the caller acted with the 
``intent to cause such violations.'' This section also provides 
an additional statutory clarification that no citation is 
needed to bring enforcement against a violation of the Truth 
and Caller ID Act, as is current FCC practice. Finally, this 
section allows the FCC to assess an additional $10,000 penalty 
for a robocall violation if the offender acted with intent to 
cause the violation.
    By limiting the extended enforcement period and the 
exemption from the citation requirement only for ``violations 
with the intent to cause such violation'' the Stopping Bad 
Robocalls Act would allow the FCC additional flexibility and 
penalties to pursue the worst of the worst: scammers and lead-
generation mills intentionally violating restrictions on the 
use of automatic telephone dialing systems. Merely having 
``committed the act [that] violated the TCPA'' would not be 
sufficient. For example, making a call using an automatic 
telephone dialing system without having updated a calling list 
to remove customers that have changed numbers or that revoked 
consent to receive otherwise prohibited calls would not reach 
the intent standard necessary to trigger the enhanced 
penalties. Rather, the calling party must knowingly use an 
automatic telephone dialing system to intentionally place calls 
to covered numbers without a reasonable basis for believing it 
had the necessary consent to call. It must also intend to 
violate the other applicable legal requirements, including any 
such requirements set forth in the TCPA's statutory exceptions 
and the regulatory exemptions and clarifications issued by the 
FCC relating to the TCPA.
    If a caller intentionally uses an automatic telephone 
dialing system to call, without a reasonable basis to conclude 
that the intended recipient had consented to receive such 
calls, that action would constitute the intent to cause a 
violation, as long as the intent requirement was satisfied for 
the other elements of the TCPA. Similarly, if a caller uses an 
automatic telephone dialing system in violation of the 
restrictions in 47 U.S.C. 227(b), and in making those calls 
spoofs its number in violation of 47 U.S.C. 227(c), the 
spoofing would demonstrate intent to cause violations.
    The Committee recognizes that the phrasing of this standard 
is not a common phrasing in the U.S. Code, and is written 
specifically in light of the need to overcome the FCC's 
interpretation of ``willful'', to ensure that this new enhanced 
enforcement authority is limited to truly intentional 
violations. The Committee intends for the FCC and the courts to 
interpret this standard in a straightforward manner consistent 
with the guidance expressed here.
    H.R. 3375 would not apply the heightened intent standard to 
violations other than violations of 47 U.S.C. 227(b).

Section 6. Annual report to Congress

    This section requires the FCC to issue an annual report to 
Congress on illegal robocallers detailing its enforcement 
activities so Congress can make sure the robocalling problem is 
being addressed. The report also requires the FCC to provide 
Congress with proposals for decreasing the number of robocalls 
through additional legislation.

Section 7. Regulations relating to effective call authentication 
        technology

    This section requires all carriers, over time, to implement 
effective call authentication technology to make sure that 
caller-ID information is appropriately authenticated, and with 
no additional line item charge to consumers or small 
businesses. The Committee expects the FCC to require 
implementation of the STIR/SHAKEN Framework as the primary 
method of effective call authentication.
    In implementing section 7(b)(3), the Committee expects the 
FCC to review all burdens and barriers to implementation of 
effective call authentication technology--including the expense 
of purchasing and/or installing the equipment and software 
necessary to deploy call authentication technology, as well as 
any other associated expenses that deployment of the technology 
will impose on a particular class of providers or class of 
calls. The Committee expects the FCC will delay implementation 
of this requirement for those affected classes of providers or 
calls for a time that is reasonably necessary to address 
identified burdens and barriers. The FCC shall enable as 
promptly as possible full participation for all providers and 
all types of calls to reach the highest attestation.
    Additionally, to the extent that some providers need 
additional time to implement effective call authentication 
technology, the FCC should seek to identify alternative 
effective methodologies for authenticating calls and protecting 
consumers from spoofed calls, at no additional line item charge 
to consumers or small businesses.
    The Committee expects that the FCC's regulations will 
effectively help prevent subscribers from receiving calls from 
a caller using an unauthenticated number, at no additional line 
item charge to the subscriber, while also taking appropriate 
steps to ensure that calls are not inappropriately blocked 
because a provider is not yet subject to the requirements to 
implement the call-authentication technology.

Section 8. STOP robocalls

    This section ensures that robocall blocking services 
offered on a default basis are provided with no additional line 
item charge on consumers' bills and that consumers and callers 
have transparency as to when a number has been blocked and 
effective redress. The Committee expects the FCC, in 
consultation with call originators and voice service providers, 
to establish a process by which voice service providers, in as 
timely and efficient a manner as reasonable, will:
          (1) provide notice of blocked calls to subscribers 
        and callers; and
          (2) provide a method for subscribers and callers to 
        unblock improperly blocked calls.
    New subsection (k)(1)(B) created by this section specifies 
that these call blocking services are to be provided with no 
additional line item charge imposed by a provider on consumers 
receiving the services. It also specifies that there is to be 
no additional charge imposed by providers on callers for 
resolving complaints regarding calls erroneously blocked. In 
this regard, as one approach to reducing the incidence of 
erroneous blocking, the FCC may create, or direct development 
of, a nationwide database of callers and numbers verified as 
authentic, available for providers to consult. Callers who are 
concerned that their calls might be erroneously blocked, would 
have the opportunity to submit their names and numbers to the 
database, and might pay a reasonable charge for the benefits of 
doing so. This would not be considered a charge for resolving a 
complaint.

Section 9. Provision of evidence of certain robocall violations to 
        Attorney General

    This section requires the FCC to submit evidence of certain 
criminal robocall violations to the Department of Justice for 
criminal prosecution and requires the FCC to publish a report 
annually disclosing how frequently the FCC submitted such 
evidence.

Section 10. Protection from one-ring scams

    This section requires the FCC to initiate a proceeding to 
protect consumers from one-ring-scams, including by working 
with foreign governments to address one-ring scams and by 
incentivizing carriers to stop calls made to perpetrate one-
ring scams, among other things.

Section 11. Interagency working groups

    This section requires the Attorney General, in consultation 
with the FCC, to convene an interagency working group to study 
the enforcement of the TCPA. Among other things, the task force 
shall: (1) determine how federal law and budgetary constraints 
inhibit enforcement of the TCPA; (2) identify existing policies 
and programs, and recommend policies and programs, to increase 
coordination between federal departments and agencies and the 
states for enforcing and preventing violations of the TCPA; and 
(3) identify existing and potential international policies and 
programs to improve coordination between countries in enforcing 
the TCPA and similar laws.

Section 12. Commission defined

    The section defines the term ``Commission'' to mean the 
Federal Communications Commission.

Section 13. Annual robocall report

    This section requires the FCC to register a consortium of 
companies engaged in private-led efforts to trace back the 
origin of suspected unlawful robocalls. The FCC would be 
required then to create a certification process to identify 
whether carriers have or have not participated in a private-led 
effort to traceback the origin of a suspected unlawful 
robocall, and requires the FCC to publish a report on carriers 
participation in private-led efforts to traceback the origin of 
suspected unlawful robocalls. This section further allows the 
FCC to publish a list of voice service providers based on 
information obtained from the consortium and take appropriate 
enforcement action.

Section 14. Hospital robocall protection group

    This section requires the FCC to establish a Hospital 
Robocall Working Group to, among other things, issue best 
practices to help voice service providers combat unlawful 
robocalls made to hospitals and to help hospitals protect 
themselves from robocalls. It also requires the FCC to initiate 
a proceeding to determine whether the voluntary adoption of the 
practices can be facilitated.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                       COMMUNICATIONS ACT OF 1934



           *       *       *       *       *       *       *
                       TITLE II--COMMON CARRIERS

PART I--COMMON CARRIER REGULATION

           *       *       *       *       *       *       *


SEC. 227. RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT.

  (a) Definitions.--As used in this section--
          (1) The term ``automatic telephone dialing system'' 
        means equipment which has the capacity--
                  (A) to store or produce telephone numbers to 
                be called, using a random or sequential number 
                generator; and
                  (B) to dial such numbers.
          (2) The term ``established business relationship'', 
        for purposes only of subsection (b)(1)(C)(i), shall 
        have the meaning given the term in section 64.1200 of 
        title 47, Code of Federal Regulations, as in effect on 
        January 1, 2003, except that--
                  (A) such term shall include a relationship 
                between a person or entity and a business 
                subscriber subject to the same terms applicable 
                under such section to a relationship between a 
                person or entity and a residential subscriber; 
                and
                  (B) an established business relationship 
                shall be subject to any time limitation 
                established pursuant to paragraph (2)(G)).
          (3) The term ``telephone facsimile machine'' means 
        equipment which has the capacity (A) to transcribe text 
        or images, or both, from paper into an electronic 
        signal and to transmit that signal over a regular 
        telephone line, or (B) to transcribe text or images (or 
        both) from an electronic signal received over a regular 
        telephone line onto paper.
          (4) The term ``telephone solicitation'' means the 
        initiation of a telephone call or message for the 
        purpose of encouraging the purchase or rental of, or 
        investment in, property, goods, or services, which is 
        transmitted to any person, but such term does not 
        include a call or message (A) to any person with that 
        person's prior express invitation or permission, (B) to 
        any person with whom the caller has an established 
        business relationship, or (C) by a tax exempt nonprofit 
        organization.
          (5) The term ``unsolicited advertisement'' means any 
        material advertising the commercial availability or 
        quality of any property, goods, or services which is 
        transmitted to any person without that person's prior 
        express invitation or permission, in writing or 
        otherwise.
          (6) The term ``called party'' means, with respect to 
        a call, the current subscriber or customary user of the 
        telephone number to which the call is made, determined 
        at the time when the call is made.
  (b) Restrictions on the Use of Automated Telephone 
Equipment.--
          (1) Prohibitions.--It shall be unlawful for any 
        person within the United States, or any person outside 
        the United States if the recipient is within the United 
        States--
                  (A) to make any call (other than a call made 
                for emergency purposes or made with the prior 
                express consent of the called party) using any 
                automatic telephone dialing system or an 
                artificial or prerecorded voice--
                          (i) to any emergency telephone line 
                        (including any ``911'' line and any 
                        emergency line of a hospital, medical 
                        physician or service office, health 
                        care facility, poison control center, 
                        or fire protection or law enforcement 
                        agency);
                          (ii) to the telephone line of any 
                        guest room or patient room of a 
                        hospital, health care facility, elderly 
                        home, or similar establishment; or
                          (iii) to any telephone number 
                        assigned to a paging service, cellular 
                        telephone service, specialized mobile 
                        radio service, or other radio common 
                        carrier service, or any service for 
                        which the called party is charged for 
                        the call, unless such call is made 
                        solely to collect a debt owed to or 
                        guaranteed by the United States;
                  (B) to initiate any telephone call to any 
                residential telephone line using an artificial 
                or prerecorded voice to deliver a message 
                without the prior express consent of the called 
                party, unless the call is initiated for 
                emergency purposes, is made solely pursuant to 
                the collection of a debt owed to or guaranteed 
                by the United States, or is exempted by rule or 
                order by the Commission under paragraph (2)(B);
                  (C) to use any telephone facsimile machine, 
                computer, or other device to send, to a 
                telephone facsimile machine, an unsolicited 
                advertisement, unless--
                          (i) the unsolicited advertisement is 
                        from a sender with an established 
                        business relationship with the 
                        recipient;
                          (ii) the sender obtained the number 
                        of the telephone facsimile machine 
                        through--
                                  (I) the voluntary 
                                communication of such number, 
                                within the context of such 
                                established business 
                                relationship, from the 
                                recipient of the unsolicited 
                                advertisement, or
                                  (II) a directory, 
                                advertisement, or site on the 
                                Internet to which the recipient 
                                voluntarily agreed to make 
                                available its facsimile number 
                                for public distribution,
                        except that this clause shall not apply 
                        in the case of an unsolicited 
                        advertisement that is sent based on an 
                        established business relationship with 
                        the recipient that was in existence 
                        before the date of enactment of the 
                        Junk Fax Prevention Act of 2005 if the 
                        sender possessed the facsimile machine 
                        number of the recipient before such 
                        date of enactment; and
                          (iii) the unsolicited advertisement 
                        contains a notice meeting the 
                        requirements under paragraph (2)(D),
                except that the exception under clauses (i) and 
                (ii) shall not apply with respect to an 
                unsolicited advertisement sent to a telephone 
                facsimile machine by a sender to whom a request 
                has been made not to send future unsolicited 
                advertisements to such telephone facsimile 
                machine that complies with the requirements 
                under paragraph (2)(E); or
                  (D) to use an automatic telephone dialing 
                system in such a way that two or more telephone 
                lines of a multi-line business are engaged 
                simultaneously.
          (2) Regulations; exemptions and other provisions.--
        The Commission shall prescribe regulations to implement 
        the requirements of this subsection. In implementing 
        the requirements of this subsection, the Commission--
                  (A) shall consider prescribing regulations to 
                allow businesses to avoid receiving calls made 
                using an artificial or prerecorded voice to 
                which they have not given their prior express 
                consent;
                  (B) may, by rule or order, exempt from the 
                requirements of paragraph (1)(B) of this 
                subsection, subject to such conditions as the 
                Commission may prescribe--
                          (i) calls that are not made for a 
                        commercial purpose; and
                          (ii) such classes or categories of 
                        calls made for commercial purposes as 
                        the Commission determines--
                                  (I) will not adversely affect 
                                the privacy rights that this 
                                section is intended to protect; 
                                and
                                  (II) do not include the 
                                transmission of any unsolicited 
                                advertisement;
                  (C) may, by rule or order, exempt from the 
                requirements of paragraph (1)(A)(iii) of this 
                subsection calls to a telephone number assigned 
                to a cellular telephone service that are not 
                charged to the called party, subject to such 
                conditions as the Commission may prescribe as 
                necessary in the interest of the privacy rights 
                this section is intended to protect;
                  (D) shall provide that a notice contained in 
                an unsolicited advertisement complies with the 
                requirements under this subparagraph only if--
                          (i) the notice is clear and 
                        conspicuous and on the first page of 
                        the unsolicited advertisement;
                          (ii) the notice states that the 
                        recipient may make a request to the 
                        sender of the unsolicited advertisement 
                        not to send any future unsolicited 
                        advertisements to a telephone facsimile 
                        machine or machines and that failure to 
                        comply, within the shortest reasonable 
                        time, as determined by the Commission, 
                        with such a request meeting the 
                        requirements under subparagraph (E) is 
                        unlawful;
                          (iii) the notice sets forth the 
                        requirements for a request under 
                        subparagraph (E);
                          (iv) the notice includes--
                                  (I) a domestic contact 
                                telephone and facsimile machine 
                                number for the recipient to 
                                transmit such a request to the 
                                sender; and
                                  (II) a cost-free mechanism 
                                for a recipient to transmit a 
                                request pursuant to such notice 
                                to the sender of the 
                                unsolicited advertisement; the 
                                Commission shall by rule 
                                require the sender to provide 
                                such a mechanism and may, in 
                                the discretion of the 
                                Commission and subject to such 
                                conditions as the Commission 
                                may prescribe, exempt certain 
                                classes of small business 
                                senders, but only if the 
                                Commission determines that the 
                                costs to such class are unduly 
                                burdensome given the revenues 
                                generated by such small 
                                businesses;
                          (v) the telephone and facsimile 
                        machine numbers and the cost-free 
                        mechanism set forth pursuant to clause 
                        (iv) permit an individual or business 
                        to make such a request at any time on 
                        any day of the week; and
                          (vi) the notice complies with the 
                        requirements of subsection (d);
                  (E) shall provide, by rule, that a request 
                not to send future unsolicited advertisements 
                to a telephone facsimile machine complies with 
                the requirements under this subparagraph only 
                if--
                          (i) the request identifies the 
                        telephone number or numbers of the 
                        telephone facsimile machine or machines 
                        to which the request relates;
                          (ii) the request is made to the 
                        telephone or facsimile number of the 
                        sender of such an unsolicited 
                        advertisement provided pursuant to 
                        subparagraph (D)(iv) or by any other 
                        method of communication as determined 
                        by the Commission; and
                          (iii) the person making the request 
                        has not, subsequent to such request, 
                        provided express invitation or 
                        permission to the sender, in writing or 
                        otherwise, to send such advertisements 
                        to such person at such telephone 
                        facsimile machine;
                  (F) may, in the discretion of the Commission 
                and subject to such conditions as the 
                Commission may prescribe, allow professional or 
                trade associations that are tax-exempt 
                nonprofit organizations to send unsolicited 
                advertisements to their members in furtherance 
                of the association's tax-exempt purpose that do 
                not contain the notice required by paragraph 
                (1)(C)(iii), except that the Commission may 
                take action under this subparagraph only--
                          (i) by regulation issued after public 
                        notice and opportunity for public 
                        comment; and
                          (ii) if the Commission determines 
                        that such notice required by paragraph 
                        (1)(C)(iii) is not necessary to protect 
                        the ability of the members of such 
                        associations to stop such associations 
                        from sending any future unsolicited 
                        advertisements;
                  (G)(i) may, consistent with clause (ii), 
                limit the duration of the existence of an 
                established business relationship, however, 
                before establishing any such limits, the 
                Commission shall--
                          (I) determine whether the existence 
                        of the exception under paragraph (1)(C) 
                        relating to an established business 
                        relationship has resulted in a 
                        significant number of complaints to the 
                        Commission regarding the sending of 
                        unsolicited advertisements to telephone 
                        facsimile machines;
                          (II) determine whether a significant 
                        number of any such complaints involve 
                        unsolicited advertisements that were 
                        sent on the basis of an established 
                        business relationship that was longer 
                        in duration than the Commission 
                        believes is consistent with the 
                        reasonable expectations of consumers;
                          (III) evaluate the costs to senders 
                        of demonstrating the existence of an 
                        established business relationship 
                        within a specified period of time and 
                        the benefits to recipients of 
                        establishing a limitation on such 
                        established business relationship; and
                          (IV) determine whether with respect 
                        to small businesses, the costs would 
                        not be unduly burdensome; and
                  (ii) may not commence a proceeding to 
                determine whether to limit the duration of the 
                existence of an established business 
                relationship before the expiration of the 3-
                month period that begins on the date of the 
                enactment of the Junk Fax Prevention Act of 
                2005[; and];
                  (H) may restrict or limit the number and 
                duration of calls made to a telephone number 
                assigned to a cellular telephone service to 
                collect a debt owed to or guaranteed by the 
                United States[.]; and
                  (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.
          (3) Private right of action.--A person or entity may, 
        if otherwise permitted by the laws or rules of court of 
        a State, bring in an appropriate court of that State--
                  (A) an action based on a violation of this 
                subsection or the regulations prescribed under 
                this subsection to enjoin such violation,
                  (B) an action to recover for actual monetary 
                loss from such a violation, or to receive $500 
                in damages for each such violation, whichever 
                is greater, or
                  (C) both such actions.
        If the court finds that the defendant willfully or 
        knowingly violated this subsection or the regulations 
        prescribed under this subsection, the court may, in its 
        discretion, increase the amount of the award to an 
        amount equal to not more than 3 times the amount 
        available under subparagraph (B) of this paragraph.
          (4) No citation required to seek forfeiture 
        penalty.--Paragraph (5) of section 503(b) shall not 
        apply in the case of a violation made with the intent 
        to cause such violation of this subsection.
          (5) 4-year statute of limitations.--Notwithstanding 
        paragraph (6) of section 503(b), no forfeiture penalty 
        for violation of this subsection shall be determined or 
        imposed against any person if the violation charged 
        occurred more than--
                  (A) 3 years prior to the date of issuance of 
                the notice required by paragraph (3) of such 
                section or the notice of apparent liability 
                required by paragraph (4) of such section (as 
                the case may be); or
                  (B) if the violation was made with the intent 
                to cause such violation, 4 years prior to the 
                date of issuance of the notice required by 
                paragraph (3) of such section or the notice of 
                apparent liability required by paragraph (4) of 
                such section (as the case may be).
          (6) Increased penalty for violations with intent.--In 
        the case of a forfeiture penalty for violation of this 
        subsection that is determined or imposed under section 
        503(b), if such violation was made with the intent to 
        cause such violation, the amount of such penalty 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) Protection of Subscriber Privacy Rights.--
          (1) Rulemaking proceeding required.--Within 120 days 
        after the date of enactment of this section, the 
        Commission shall initiate a rulemaking proceeding 
        concerning the need to protect residential telephone 
        subscribers' privacy rights to avoid receiving 
        telephone solicitations to which they object. The 
        proceeding shall--
                  (A) compare and evaluate alternative methods 
                and procedures (including the use of electronic 
                databases, telephone network technologies, 
                special directory markings, industry-based or 
                company-specific ``do not call'' systems, and 
                any other alternatives, individually or in 
                combination) for their effectiveness in 
                protecting such privacy rights, and in terms of 
                their cost and other advantages and 
                disadvantages;
                  (B) evaluate the categories of public and 
                private entities that would have the capacity 
                to establish and administer such methods and 
                procedures;
                  (C) consider whether different methods and 
                procedures may apply for local telephone 
                solicitations, such as local telephone 
                solicitations of small businesses or holders of 
                second class mail permits;
                  (D) consider whether there is a need for 
                additional Commission authority to further 
                restrict telephone solicitations, including 
                those calls exempted under subsection (a)(3) of 
                this section, and, if such a finding is made 
                and supported by the record, propose specific 
                restrictions to the Congress; and
                  (E) develop proposed regulations to implement 
                the methods and procedures that the Commission 
                determines are most effective and efficient to 
                accomplish the purposes of this section.
          (2) Regulations.--Not later than 9 months after the 
        date of enactment of this section, the Commission shall 
        conclude the rulemaking proceeding initiated under 
        paragraph (1) and shall prescribe regulations to 
        implement methods and procedures for protecting the 
        privacy rights described in such paragraph in an 
        efficient, effective, and economic manner and without 
        the imposition of any additional charge to telephone 
        subscribers.
          (3) Use of database permitted.--The regulations 
        required by paragraph (2) may require the establishment 
        and operation of a single national database to compile 
        a list of telephone numbers of residential subscribers 
        who object to receiving telephone solicitations, and to 
        make that compiled list and parts thereof available for 
        purchase. If the Commission determines to require such 
        a database, such regulations shall--
                  (A) specify a method by which the Commission 
                will select an entity to administer such 
                database;
                  (B) require each common carrier providing 
                telephone exchange service, in accordance with 
                regulations prescribed by the Commission, to 
                inform subscribers for telephone exchange 
                service of the opportunity to provide 
                notification, in accordance with regulations 
                established under this paragraph, that such 
                subscriber objects to receiving telephone 
                solicitations;
                  (C) specify the methods by which each 
                telephone subscriber shall be informed, by the 
                common carrier that provides local exchange 
                service to that subscriber, of (i) the 
                subscriber's right to give or revoke a 
                notification of an objection under subparagraph 
                (A), and (ii) the methods by which such right 
                may be exercised by the subscriber;
                  (D) specify the methods by which such 
                objections shall be collected and added to the 
                database;
                  (E) prohibit any residential subscriber from 
                being charged for giving or revoking such 
                notification or for being included in a 
                database compiled under this section;
                  (F) prohibit any person from making or 
                transmitting a telephone solicitation to the 
                telephone number of any subscriber included in 
                such database;
                  (G) specify (i) the methods by which any 
                person desiring to make or transmit telephone 
                solicitations will obtain access to the 
                database, by area code or local exchange 
                prefix, as required to avoid calling the 
                telephone numbers of subscribers included in 
                such database; and (ii) the costs to be 
                recovered from such persons;
                  (H) specify the methods for recovering, from 
                persons accessing such database, the costs 
                involved in identifying, collecting, updating, 
                disseminating, and selling, and other 
                activities relating to, the operations of the 
                database that are incurred by the entities 
                carrying out those activities;
                  (I) specify the frequency with which such 
                database will be updated and specify the method 
                by which such updating will take effect for 
                purposes of compliance with the regulations 
                prescribed under this subsection;
                  (J) be designed to enable States to use the 
                database mechanism selected by the Commission 
                for purposes of administering or enforcing 
                State law;
                  (K) prohibit the use of such database for any 
                purpose other than compliance with the 
                requirements of this section and any such State 
                law and specify methods for protection of the 
                privacy rights of persons whose numbers are 
                included in such database; and
                  (L) require each common carrier providing 
                services to any person for the purpose of 
                making telephone solicitations to notify such 
                person of the requirements of this section and 
                the regulations thereunder.
          (4) Considerations required for use of database 
        method.--If the Commission determines to require the 
        database mechanism described in paragraph (3), the 
        Commission shall--
                  (A) in developing procedures for gaining 
                access to the database, consider the different 
                needs of telemarketers conducting business on a 
                national, regional, State, or local level;
                  (B) develop a fee schedule or price structure 
                for recouping the cost of such database that 
                recognizes such differences and--
                          (i) reflect the relative costs of 
                        providing a national, regional, State, 
                        or local list of phone numbers of 
                        subscribers who object to receiving 
                        telephone solicitations;
                          (ii) reflect the relative costs of 
                        providing such lists on paper or 
                        electronic media; and
                          (iii) not place an unreasonable 
                        financial burden on small businesses; 
                        and
                  (C) consider (i) whether the needs of 
                telemarketers operating on a local basis could 
                be met through special markings of area white 
                pages directories, and (ii) if such directories 
                are needed as an adjunct to database lists 
                prepared by area code and local exchange 
                prefix.
          (5) Private right of action.--A person who has 
        received more than one telephone call within any 12-
        month period by or on behalf of the same entity in 
        violation of the regulations prescribed under this 
        subsection may, if otherwise permitted by the laws or 
        rules of court of a State bring in an appropriate court 
        of that State--
                  (A) an action based on a violation of the 
                regulations prescribed under this subsection to 
                enjoin such violation,
                  (B) an action to recover for actual monetary 
                loss from such a violation, or to receive up to 
                $500 in damages for each such violation, 
                whichever is greater, or
                  (C) both such actions.
        It shall be an affirmative defense in any action 
        brought under this paragraph that the defendant has 
        established and implemented, with due care, reasonable 
        practices and procedures to effectively prevent 
        telephone solicitations in violation of the regulations 
        prescribed under this subsection. If the court finds 
        that the defendant willfully or knowingly violated the 
        regulations prescribed under this subsection, the court 
        may, in its discretion, increase the amount of the 
        award to an amount equal to not more than 3 times the 
        amount available under subparagraph (B) of this 
        paragraph.
          (6) Relation to subsection (b).--The provisions of 
        this subsection shall not be construed to permit a 
        communication prohibited by subsection (b).
  (d) Technical and Procedural Standards.--
          (1) Prohibition.--It shall be unlawful for any person 
        within the United States--
                  (A) to initiate any communication using a 
                telephone facsimile machine, or to make any 
                telephone call using any automatic telephone 
                dialing system, that does not comply with the 
                technical and procedural standards prescribed 
                under this subsection, or to use any telephone 
                facsimile machine or automatic telephone 
                dialing system in a manner that does not comply 
                with such standards; or
                  (B) to use a computer or other electronic 
                device to send any message via a telephone 
                facsimile machine unless such person clearly 
                marks, in a margin at the top or bottom of each 
                transmitted page of the message or on the first 
                page of the transmission, the date and time it 
                is sent and an identification of the business, 
                other entity, or individual sending the message 
                and the telephone number of the sending machine 
                or of such business, other entity, or 
                individual.
          (2) Telephone facsimile machines.--The Commission 
        shall revise the regulations setting technical and 
        procedural standards for telephone facsimile machines 
        to require that any such machine which is manufactured 
        after one year after the date of enactment of this 
        section clearly marks, in a margin at the top or bottom 
        of each transmitted page or on the first page of each 
        transmission, the date and time sent, an identification 
        of the business, other entity, or individual sending 
        the message, and the telephone number of the sending 
        machine or of such business, other entity, or 
        individual.
          (3) Artificial or prerecorded voice systems.--The 
        Commission shall prescribe technical and procedural 
        standards for systems that are used to transmit any 
        artificial or prerecorded voice message via telephone. 
        Such standards shall require that--
                  (A) all artificial or prerecorded telephone 
                messages (i) shall, at the beginning of the 
                message, state clearly the identity of the 
                business, individual, or other entity 
                initiating the call, and (ii) shall, during or 
                after the message, state clearly the telephone 
                number or address of such business, other 
                entity, or individual; and
                  (B) any such system will automatically 
                release the [called party's line] telephone 
                line called within 5 seconds of the time 
                notification is transmitted to the system that 
                the [called party has hung up] answering party 
                has hung up, to allow the [called party's line] 
                telephone line called to be used to make or 
                receive other calls.
  (e) Prohibition on Provision of Inaccurate Caller 
Identification Information.--
          (1) In general.--It shall be unlawful for any person 
        within the United States, in connection with any 
        telecommunications service or IP-enabled voice service, 
        to cause any caller identification service to knowingly 
        transmit misleading or inaccurate caller identification 
        information with the intent to defraud, cause harm, or 
        wrongfully obtain anything of value, unless such 
        transmission is exempted pursuant to paragraph (3)(B).
          (2) Protection for blocking caller identification 
        information.--Nothing in this subsection may be 
        construed to prevent or restrict any person from 
        blocking the capability of any caller identification 
        service to transmit caller identification information.
          (3) Regulations.--
                  (A) In general.--Not later than 6 months 
                after the date of enactment of the Truth in 
                Caller ID Act of 2009, the Commission shall 
                prescribe regulations to implement this 
                subsection.
                  (B) Content of regulations.--
                          (i) In general.--The regulations 
                        required under subparagraph (A) shall 
                        include such exemptions from the 
                        prohibition under paragraph (1) as the 
                        Commission determines is appropriate.
                          (ii) Specific exemption for law 
                        enforcement agencies or court orders.--
                        The regulations required under 
                        subparagraph (A) shall exempt from the 
                        prohibition under paragraph (1) 
                        transmissions in connection with--
                                  (I) any authorized activity 
                                of a law enforcement agency; or
                                  (II) a court order that 
                                specifically authorizes the use 
                                of caller identification 
                                manipulation.
          (5) Penalties.--
                  (A) Civil forfeiture.--
                          (i) In general.--Any person that is 
                        determined by the Commission, in 
                        accordance with paragraphs (3) and (4) 
                        of section 503(b), to have violated 
                        this subsection shall be liable to the 
                        United States for a forfeiture penalty. 
                        A forfeiture penalty under this 
                        paragraph shall be in addition to any 
                        other penalty provided for by this Act. 
                        The amount of the forfeiture penalty 
                        determined under this paragraph shall 
                        not exceed $10,000 for each violation, 
                        or 3 times that amount for each day of 
                        a continuing violation, except that the 
                        amount assessed for any continuing 
                        violation shall not exceed a total of 
                        $1,000,000 for any single act or 
                        failure to act.
                          (ii) Recovery.--Any forfeiture 
                        penalty determined under clause (i) 
                        shall be recoverable pursuant to 
                        section 504(a).
                          (iii) Procedure.--No forfeiture 
                        liability shall be determined under 
                        clause (i) against any person unless 
                        such person receives the notice 
                        required by section 503(b)(3) or 
                        section 503(b)(4). Paragraph (5) of 
                        section 503(b) shall not apply in the 
                        case of a violation of this subsection.
                          (iv)  [2-year] 4-year statute of 
                        limitations.--No forfeiture penalty 
                        shall be determined or imposed against 
                        any person under clause (i) if the 
                        violation charged occurred more than [2 
                        years] 4 years prior to the date of 
                        issuance of the required notice or 
                        notice or apparent liability.
                  (B) Criminal fine.--Any person who willfully 
                and knowingly violates this subsection shall 
                upon conviction thereof be fined not more than 
                $10,000 for each violation, or 3 times that 
                amount for each day of a continuing violation, 
                in lieu of the fine provided by section 501 for 
                such a violation. This subparagraph does not 
                supersede the provisions of section 501 
                relating to imprisonment or the imposition of a 
                penalty of both fine and imprisonment.
          (6) Enforcement by states.--
                  (A) In general.--The chief legal officer of a 
                State, or any other State officer authorized by 
                law to bring actions on behalf of the residents 
                of a State, may bring a civil action, as parens 
                patriae, on behalf of the residents of that 
                State in an appropriate district court of the 
                United States to enforce this subsection or to 
                impose the civil penalties for violation of 
                this subsection, whenever the chief legal 
                officer or other State officer has reason to 
                believe that the interests of the residents of 
                the State have been or are being threatened or 
                adversely affected by a violation of this 
                subsection or a regulation under this 
                subsection.
                  (B) Notice.--The chief legal officer or other 
                State officer shall serve written notice on the 
                Commission of any civil action under 
                subparagraph (A) prior to initiating such civil 
                action. The notice shall include a copy of the 
                complaint to be filed to initiate such civil 
                action, except that if it is not feasible for 
                the State to provide such prior notice, the 
                State shall provide such notice immediately 
                upon instituting such civil action.
                  (C) Authority to intervene.--Upon receiving 
                the notice required by subparagraph (B), the 
                Commission shall have the right--
                          (i) to intervene in the action;
                          (ii) upon so intervening, to be heard 
                        on all matters arising therein; and
                          (iii) to file petitions for appeal.
                  (D) Construction.--For purposes of bringing 
                any civil action under subparagraph (A), 
                nothing in this paragraph shall prevent the 
                chief legal officer or other State officer from 
                exercising the powers conferred on that officer 
                by the laws of such State to conduct 
                investigations or to administer oaths or 
                affirmations or to compel the attendance of 
                witnesses or the production of documentary and 
                other evidence.
                  (E) Venue; service or process.--
                          (i) Venue.--An action brought under 
                        subparagraph (A) shall be brought in a 
                        district court of the United States 
                        that meets applicable requirements 
                        relating to venue under section 1391 of 
                        title 28, United States Code.
                          (ii) Service of process.--In an 
                        action brought under subparagraph (A)--
                                  (I) process may be served 
                                without regard to the 
                                territorial limits of the 
                                district or of the State in 
                                which the action is instituted; 
                                and
                                  (II) a person who 
                                participated in an alleged 
                                violation that is being 
                                litigated in the civil action 
                                may be joined in the civil 
                                action without regard to the 
                                residence of the person.
          (7) Effect on other laws.--This subsection does not 
        prohibit any lawfully authorized investigative, 
        protective, or intelligence activity of a law 
        enforcement agency of the United States, a State, or a 
        political subdivision of a State, or of an intelligence 
        agency of the United States.
          (8) Definitions.--For purposes of this subsection:
                  (A) Caller identification information.--The 
                term ``caller identification information'' 
                means information provided by a caller 
                identification service regarding the telephone 
                number of, or other information regarding the 
                origination of, a call made using a 
                telecommunications service or IP-enabled voice 
                service.
                  (B) Caller identification service.--The term 
                ``caller identification service'' means any 
                service or device designed to provide the user 
                of the service or device with the telephone 
                number of, or other information regarding the 
                origination of, a call made using a 
                telecommunications service or IP-enabled voice 
                service. Such term includes automatic number 
                identification services.
                  (C) IP-enabled voice service.--The term ``IP-
                enabled voice service'' has the meaning given 
                that term by section 9.3 of the Commission's 
                regulations (47 C.F.R. 9.3), as those 
                regulations may be amended by the Commission 
                from time to time.
          (9) Limitation.--Notwithstanding any other provision 
        of this section, subsection (f) shall not apply to this 
        subsection or to the regulations under this subsection.
  (f) Effect on State Law.--
          (1) State law not preempted.--Except for the 
        standards prescribed under subsection (d) and subject 
        to paragraph (2) of this subsection, nothing in this 
        section or in the regulations prescribed under this 
        section shall preempt any State law that imposes more 
        restrictive intrastate requirements or regulations on, 
        or which prohibits--
                  (A) the use of telephone facsimile machines 
                or other electronic devices to send unsolicited 
                advertisements;
                  (B) the use of automatic telephone dialing 
                systems;
                  (C) the use of artificial or prerecorded 
                voice messages; or
                  (D) the making of telephone solicitations.
          (2) State use of databases.--If, pursuant to 
        subsection (c)(3), the Commission requires the 
        establishment of a single national database of 
        telephone numbers of subscribers who object to 
        receiving telephone solicitations, a State or local 
        authority may not, in its regulation of telephone 
        solicitations, require the use of any database, list, 
        or listing system that does not include the part of 
        such single national database that relates to such 
        State.
  (g) Actions by States.--
          (1) Authority of states.--Whenever the attorney 
        general of a State, or an official or agency designated 
        by a State, has reason to believe that any person has 
        engaged or is engaging in a pattern or practice of 
        telephone calls or other transmissions to residents of 
        that State in violation of this section or the 
        regulations prescribed under this section, the State 
        may bring a civil action on behalf of its residents to 
        enjoin such calls, an action to recover for actual 
        monetary loss or receive $500 in damages for each 
        violation, or both such actions. If the court finds the 
        defendant willfully or knowingly violated such 
        regulations, the court may, in its discretion, increase 
        the amount of the award to an amount equal to not more 
        than 3 times the amount available under the preceding 
        sentence.
          (2) Exclusive jurisdiction of federal courts.--The 
        district courts of the United States, the United States 
        courts of any territory, and the District Court of the 
        United States for the District of Columbia shall have 
        exclusive jurisdiction over all civil actions brought 
        under this subsection. Upon proper application, such 
        courts shall also have jurisdiction to issue writs of 
        mandamus, or orders affording like relief, commanding 
        the defendant to comply with the provisions of this 
        section or regulations prescribed under this section, 
        including the requirement that the defendant take such 
        action as is necessary to remove the danger of such 
        violation. Upon a proper showing, a permanent or 
        temporary injunction or restraining order shall be 
        granted without bond.
          (3) Rights of commission.--The State shall serve 
        prior written notice of any such civil action upon the 
        Commission and provide the Commission with a copy of 
        its complaint, except in any case where such prior 
        notice is not feasible, in which case the State shall 
        serve such notice immediately upon instituting such 
        action. The Commission shall have the right (A) to 
        intervene in the action, (B) upon so intervening, to be 
        heard on all matters arising therein, and (C) to file 
        petitions for appeal.
          (4) Venue; service of process.--Any civil action 
        brought under this subsection in a district court of 
        the United States may be brought in the district 
        wherein the defendant is found or is an inhabitant or 
        transacts business or wherein the violation occurred or 
        is occurring, and process in such cases may be served 
        in any district in which the defendant is an inhabitant 
        or where the defendant may be found.
          (5) Investigatory powers.--For purposes of bringing 
        any civil action under this subsection, nothing in this 
        section shall prevent the attorney general of a State, 
        or an official or agency designated by a State, from 
        exercising the powers conferred on the attorney general 
        or such official by the laws of such State to conduct 
        investigations or to administer oaths or affirmations 
        or to compel the attendance of witnesses or the 
        production of documentary and other evidence.
          (6) Effect on state court proceedings.--Nothing 
        contained in this subsection shall be construed to 
        prohibit an authorized State official from proceeding 
        in State court on the basis of an alleged violation of 
        any general civil or criminal statute of such State.
          (7) Limitation.--Whenever the Commission has 
        instituted a civil action for violation of regulations 
        prescribed under this section, no State may, during the 
        pendency of such action instituted by the Commission, 
        subsequently institute a civil action against any 
        defendant named in the Commission's complaint for any 
        violation as alleged in the Commission's complaint.
          (8) Definition.--As used in this subsection, the term 
        ``attorney general'' means the chief legal officer of a 
        State.
  (h) Junk Fax Enforcement Report.--The Commission shall submit 
an annual report to Congress regarding the enforcement during 
the past year of the provisions of this section relating to 
sending of unsolicited advertisements to telephone facsimile 
machines, which report shall include--
          (1) the number of complaints received by the 
        Commission during such year alleging that a consumer 
        received an unsolicited advertisement via telephone 
        facsimile machine in violation of the Commission's 
        rules;
          (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 sending of 
        unsolicited advertisements to telephone facsimile 
        machines;
          (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 sending of unsolicited advertisements to 
        telephone facsimile machines;
          (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;
                  (C) the length of time between the date on 
                which the complaint was filed and the date on 
                which the notice was issued; and
                  (D) the status of the proceeding;
          (5) the number of final orders imposing forfeiture 
        penalties issued pursuant to section 503 during the 
        year to enforce any law, regulation, or policy relating 
        to sending of unsolicited advertisements to telephone 
        facsimile machines;
          (6) for each forfeiture order referred to in 
        paragraph (5)--
                  (A) the amount of the penalty imposed by the 
                order;
                  (B) the person to whom the order was issued;
                  (C) whether the forfeiture penalty has been 
                paid; and
                  (D) the amount paid;
          (7) for each case in which a person has failed to pay 
        a forfeiture penalty imposed by such a final order, 
        whether the Commission referred such matter for 
        recovery of the penalty; and
          (8) for each case in which the Commission referred 
        such an order for recovery--
                  (A) the number of days from the date the 
                Commission issued such order to the date of 
                such referral;
                  (B) whether an action has been commenced to 
                recover the penalty, and if so, the number of 
                days from the date the Commission referred such 
                order for recovery to the date of such 
                commencement; and
                  (C) whether the recovery action resulted in 
                collection of any amount, and if so, the amount 
                collected.
  (i) Annual Report to Congress on Robocalls and Transmission 
of Misleading or Inaccurate Caller Identification 
Information.--
          (1) Report required.--Not later than 1 year after the 
        date of the enactment of 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 five 
                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 7(d) of 
        the Stopping Bad Robocalls Act).
  (j) 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).
  (k) 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.
          (2) Text message defined.--In this subsection, the 
        term ``text message'' has the meaning given such term 
        in subsection (e)(8).

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