United States 116th Congress ✓ Enacted · P.L. 116-105 1 R cosponsors

S 151 — Pallone-Thune TRACED Act

Last action — Became Public Law No: 116-105.

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  1. ✓
    Introduced
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    Passed Senate
  4. ✓
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 16, 2019. Enacted.

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Advancing 52% · moderate confidence

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    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

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Summary

Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act or the Pallone-Thune TRACED Act This bill establishes rules and requirements to deter criminal robocall violations. Specifically, the Federal Communications Commission (FCC) must require voice service providers to develop call authentication technologies; initiate a rulemaking to protect a subscriber from receiving unwanted calls or texts from a caller using an unauthenticated number; establish when a provider may block a voice call based on information provided by the call authentication framework, but also establish a process to permit a calling party adversely affected by the framework to verify the authenticity of their calls; streamline the ways in which a private entity may voluntarily share information with the FCC relating to a call or text message that violates robocall restrictions; determine whether its policies regarding access to number resources could be modified to help reduce access to numbers by potential robocall violators; report on the implementation of the reassigned number database; implement consumer protections for exempted classes of robocalls; ensure opt-out/opt-in robocall blocking services provide transparency and redress options for consumers and callers with no additional line item charge to consumers or additional charge to callers for resolving complaints related to erroneously blocked calls; study whether to require a provider of a Voice over Internet Protocol (VoIP) service to give the FCC its contact information and retain a record of each call transmitted over the VoIP service that is sufficient to trace a call back to its source; provide the Department of Justice with any evidence obtained suggesting a robocall violation made with an intent to defraud or cause harm; protect called parties from one-ring scams (where a caller allows the call to ring for a short duration to prompt the called party to return the call and incur charges); establish a registration process for a single consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls; and establish the Hospital Robocall Protection Group to issue best practices for combating unlawful robocalls made to hospitals, helping hospitals protect themselves, and assisting federal and state governments to combat such calls. The bill also implements a forfeiture penalty for violations (with or without intent) of the prohibitions on certain robocalls.

Bill Text

What changed in the latest version

541 added · 515 removed

Plain-language change summary

The bill has been amended to define the term "Commission" more clearly in relation to violations under the Communications Act of 1934. A specific focus has been placed on forfeiture penalties associated with these violations, indicating that they will be in addition to other penalties specified in the Act. This change clarifies the enforcement mechanisms and the consequences for intent-driven violations of the law.

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[Congressional Bills 116th Congress] [From the U.S.
[116th Congress Public Law 105] [From the U.S.
Government Publishing Office] [S.
Government Publishing Office] [[Page 3273]] PALLONE-THUNE TELEPHONE ROBOCALL ABUSE CRIMINAL ENFORCEMENT AND DETERRENCE ACT [[Page 133 STAT.
151 Engrossed Amendment House (EAH)] <DOC> In the House of Representatives, U.
3274]] Public Law 116-105 116th Congress An Act To deter criminal robocall violations and improve enforcement of section 227(b) of the Communications Act of 1934, and for other purposes.
S., December 4, 2019.
<<NOTE:
Resolved, That the bill from the Senate (S.
Dec.
151) entitled ``An Act to deter criminal robocall violations and improve enforcement of section 227(b) of the Communications Act of 1934, and for other purposes.'', do pass with the following AMENDMENT:
30, 2019 - [S.
Strike out all after the enacting clause and insert:
151]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
SECTION 1.
Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act 47 USC note.>> SECTION 1.
COMMISSION DEFINED.
<<NOTE:
47 USC 227 note.>> COMMISSION DEFINED.
The amount of the forfeiture penalty determined under this subparagraph shall be determined in accordance with subparagraphs (A) through (F) of section 503(b)(2).
The amount of the forfeiture <<NOTE:
Determination.>> penalty determined under this subparagraph shall be determined in accordance with subparagraphs (A) through (F) of section 503(b)(2).
``(C) Recovery.--Any forfeiture penalty determined under subparagraph (A) or (B) shall be recoverable under section 504(a).
[[Page 133 STAT.
3275]] ``(C) Recovery.--Any forfeiture penalty determined under subparagraph (A) or (B) shall be recoverable under section 504(a).
``(2) Matters for inclusion.--Each report required by paragraph (1) shall include the following:
``(2) <<NOTE:
Time periods.>> Matters for inclusion.--Each report required by paragraph (1) shall include the following:
``(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.
``(B) The number of citations issued by the Commission pursuant to section 503(b) during the preceding calendar [[Page 133 STAT.
3276]] year to enforce subsection (d), and details of each such citation.
``(F) Proposals for reducing the number of calls made in violation of such subsections.
``(F) <<NOTE:
``(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.
Proposal.>> Proposals for reducing the number of calls made in violation of such subsections.
``(G) <<NOTE:
Analysis.
Recommenda- tions.>> 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.
(b) Applicability.--The amendments made by this section shall not affect any action or proceeding commenced before and pending on the date of the enactment of this Act.
(b) <<NOTE:
(c) Deadline for Regulations.--The Commission shall prescribe regulations to implement the amendments made by this section not later than 270 days after the date of the enactment of this Act.
47 USC 227 note.>> Applicability.--The amendments made by this section shall not affect any action or proceeding commenced before and pending on the date of the enactment of this Act.
(c) <<NOTE:
47 USC 227 note.>> Deadline for Regulations.--The Commission shall prescribe regulations to implement the amendments made by this section not later than 270 days after the date of the enactment of this Act.
CALL AUTHENTICATION.
<<NOTE:
47 USC 227b.>> CALL AUTHENTICATION.
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.
and [[Page 133 STAT.
(b) Authentication Frameworks.-- (1) In general.--Subject to paragraphs (2) and (3), and in accordance with paragraph (6), not later than 18 months after the date of the enactment of this Act, the Commission shall-- (A) require a provider of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of the provider of voice service;
3277]] (ii) without limitation, any service that enables real-time, two-way voice communications, including any service that requires internet protocol-compatible customer premises equipment (commonly known as ``CPE'') and permits out-bound calling, whether or not the service is one-way or two-way voice over internet protocol.
(b) Authentication Frameworks.-- (1) <<NOTE:
Deadline.
Requirements.>> In general.--Subject to paragraphs (2) and (3), and in accordance with paragraph (6), not later than 18 months after the date of the enactment of this Act, the Commission shall-- (A) require a provider of voice service to implement the STIR/SHAKEN authentication framework in the internet protocol networks of the provider of voice service;
(2) Implementation.--The Commission shall not take the action described in paragraph (1) with respect to a provider of voice service if the Commission determines, not later than 12 months after the date of the enactment of this Act, that such provider of voice service-- (A) in internet protocol networks-- (i) has adopted the STIR/SHAKEN authentication framework for calls on the internet protocol networks of the provider of voice service;
(2) <<NOTE:
(ii) has agreed voluntarily to participate with other providers of voice service in the STIR/SHAKEN authentication framework;
Determination.
(iii) has begun to implement the STIR/ SHAKEN authentication framework;
Deadline.>> Implementation.--The Commission shall not take the action described in paragraph (1) with respect to a provider of voice service if the Commission determines, not later than 12 months after the date of the enactment of this Act, that such provider of voice service-- (A) in internet protocol networks-- (i) has adopted the STIR/SHAKEN authentication framework for calls on the internet protocol networks of the provider of voice service;
and (iv) will be capable of fully implementing the STIR/SHAKEN authentication framework not later than 18 months after the date of the enactment of this Act;
(ii) has agreed voluntarily to participate with other providers of voice service in the STIR/ SHAKEN authentication framework;
(iii) has begun to implement the STIR/SHAKEN authentication framework;
and (iv) <<NOTE:
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Deadline.>> will be capable of fully implementing the STIR/SHAKEN authentication framework not later than 18 months after the date of the enactment of this Act;
(3) Implementation report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the determination required under paragraph (2), which shall include-- (A) an analysis of the extent to which providers of voice service have implemented the call authentication frameworks described in subparagraphs (A) and (B) of paragraph (1), including whether the availability of necessary equipment and equipment upgrades has impacted such implementation;
(3) Implementation report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the determination required under paragraph (2), which shall include-- (A) <<NOTE:
and (B) an assessment of the efficacy of the call authentication frameworks described in subparagraphs (A) and (B) of paragraph (1) in addressing all aspects of call authentication.
Analysis.>> an analysis of the extent to which providers of voice service have implemented the call authentication frameworks described in subparagraphs (A) and (B) of paragraph (1), including whether the availability of necessary equipment and equipment upgrades has impacted such implementation;
(4) Review and revision or replacement.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Commission, after public notice and an opportunity for comment, shall-- (A) assess the efficacy of the technologies used for call authentication frameworks implemented under this section;
and [[Page 133 STAT.
(B) based on the assessment under subparagraph (A), revise or replace the call authentication frameworks under this section if the Commission determines it is in the public interest to do so;
3278]] (B) <<NOTE:
and (C) submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the assessment under subparagraph (A) and on any actions to revise or replace the call authentication frameworks under subparagraph (B).
Assessment.>> an assessment of the efficacy of the call authentication frameworks described in subparagraphs (A) and (B) of paragraph (1) in addressing all aspects of call authentication.
(5) Extension of implementation deadline.-- (A) Burdens and barriers to implementation.--Not later than 12 months after the date of the enactment of this Act, and as appropriate thereafter, the Commission-- (i) shall assess any burdens or barriers to the implementation required by paragraph (1), including-- (I) for providers of voice service to the extent the networks of such providers use time-division multiplexing;
(4) <<NOTE:
Deadline.
Time period.
Public information.>> Review and revision or replacement.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Commission, after public notice and an opportunity for comment, shall-- (A) <<NOTE:
Assessment.>> assess the efficacy of the technologies used for call authentication frameworks implemented under this section;
(B) <<NOTE:
Determination.>> based on the assessment under subparagraph (A), revise or replace the call authentication frameworks under this section if the Commission determines it is in the public interest to do so;
and (C) <<NOTE:
Reports.>> submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the assessment under subparagraph (A) and on any actions to revise or replace the call authentication frameworks under subparagraph (B).
(5) Extension of implementation deadline.-- (A) Burdens and barriers to implementation.--Not later than 12 months after the date of the enactment of this Act, and as appropriate thereafter, the Commission-- (i) <<NOTE:
Assessment.>> shall assess any burdens or barriers to the implementation required by paragraph (1), including-- (I) for providers of voice service to the extent the networks of such providers use time-division multiplexing;
and (ii) in connection with an assessment under clause (i), may, upon a public finding of undue hardship, delay required compliance with the 18-month time period described in paragraph (1), for a reasonable period of time, for a provider or class of providers of voice service, or type of voice calls, as necessary for that provider or class of providers or type of calls to participate in the implementation in order to address the identified burdens and barriers.
and (ii) in connection with an assessment under clause (i), may, upon a public finding of undue hardship, delay required compliance with the 18- month time period described in paragraph (1), for a reasonable period of time, for a provider or class of providers of voice service, or type of voice calls, as necessary for that provider or class of providers or type of calls to participate in the implementation in order to address the identified burdens and barriers.
(C) Robocall mitigation program.-- (i) Program required.--During the time of a delay of compliance granted under subparagraph (A)(ii), the Commission shall require, pursuant to the authority of the Commission, that any provider subject to such delay shall implement an appropriate robocall mitigation program to prevent unlawful robocalls from originating on the network of the provider.
[[Page 133 STAT.
3279]] (C) Robocall mitigation program.-- (i) Program required.--During the time of a delay of compliance granted under subparagraph (A)(ii), the Commission shall require, pursuant to the authority of the Commission, that any provider subject to such delay shall implement an appropriate robocall mitigation program to prevent unlawful robocalls from originating on the network of the provider.
(iii) Minimization of burden.--The Commission shall make reasonable efforts to minimize the burden of any robocall mitigation required pursuant to clause (ii), which may include prescribing certain specific robocall mitigation practices for providers of voice service that have repeatedly originated large- scale unlawful robocall campaigns.
(iii) Minimization of burden.--The Commission shall make reasonable efforts to minimize the burden of any robocall mitigation required pursuant to clause (ii), which may include prescribing certain specific robocall mitigation practices for providers of voice service that have repeatedly originated large-scale unlawful robocall campaigns.
Such measures shall include, without limitation, as appropriate, limiting or terminating a delay of compliance granted to a provider under subparagraph (B) if the Commission determines in such assessment that the provider is not making reasonable efforts to develop the call authentication protocol described in such subparagraph.
<<NOTE:
(E) Alternative methodologies.--The Commission shall identify, in consultation with small providers of voice service and those in rural areas, alternative effective methodologies to protect customers from unauthenticated calls during any delay of compliance granted under subparagraph (A)(ii).
Determination.>> Such measures shall include, without limitation, as appropriate, limiting or terminating a delay of compliance granted to a provider under subparagraph (B) if the Commission determines in such assessment that the provider is not making reasonable efforts to develop the call authentication protocol described in such subparagraph.
(F) Revision of delay of compliance.--Not less frequently than annually after the first delay of compliance is granted under subparagraph (A)(ii), the Commission-- (i) shall consider revising or extending any delay of compliance granted under subparagraph (A)(ii);
(E) <<NOTE:
Consultation.>> Alternative methodologies.--The Commission shall identify, in consultation with small providers of voice service and those in rural areas, alternative effective methodologies to protect customers from unauthenticated calls during any delay of compliance granted under subparagraph (A)(ii).
(F) <<NOTE:
Time period.>> Revision of delay of compliance.--Not less frequently than annually after the first delay of compliance is granted under subparagraph (A)(ii), the Commission-- (i) shall consider revising or extending any delay of compliance granted under subparagraph (A)(ii);
and (iii) shall issue a public notice with regard to whether such delay of compliance remains necessary, including-- (I) why such delay of compliance remains necessary;
and (iii) <<NOTE:
Public information.>> shall issue a public notice with regard to whether such delay of compliance remains necessary, including-- (I) why such delay of compliance remains necessary;
(6) No additional cost to consumers or small business customers.--The Commission shall prohibit providers of voice service from adding any additional line item charges to consumer or small business customer subscribers for the effective call authentication technology required under paragraph (1).
(6) No additional cost to consumers or small business customers.--The Commission shall prohibit providers of voice [[Page 133 STAT.
(7) Accurate identification.--Not later than 12 months after the date of the enactment of this Act, the Commission shall issue best practices that providers of voice service may use as part of the implementation of effective call authentication frameworks under paragraph (1) to take steps to ensure the calling party is accurately identified.
3280]] service from adding any additional line item charges to consumer or small business customer subscribers for the effective call authentication technology required under paragraph (1).
(c) Safe Harbor and Other Regulations.-- (1) In general.--Consistent with the regulations prescribed under subsection (j) of section 227 of the Communications Act of 1934 (47 U.S.C.
(7) <<NOTE:
Deadline.>> Accurate identification.--Not later than 12 months after the date of the enactment of this Act, the Commission shall issue best practices that providers of voice service may use as part of the implementation of effective call authentication frameworks under paragraph (1) to take steps to ensure the calling party is accurately identified.
(c) Safe Harbor and Other Regulations.-- (1) <<NOTE:
Deadline.>> In general.--Consistent with the regulations prescribed under subsection (j) of section 227 of the Communications Act of 1934 (47 U.S.C.
(a) In General.--The Attorney General, in consultation with the Chairman of the Commission, shall convene an interagency working group to study Government prosecution of violations of section 227(b) of the Communications Act of 1934 (47 U.S.C.
(a) <<NOTE:
Consultation.
Study.>> In General.--The Attorney General, in consultation with the Chairman of the Commission, shall convene an interagency working group to study Government prosecution of violations of section 227(b) of the Communications Act of 1934 (47 U.S.C.
(b) Duties.--In carrying out the study under subsection (a), the interagency working group shall-- (1) determine whether, and if so how, any Federal laws, including regulations, policies, and practices, or budgetary or jurisdictional constraints inhibit the prosecution of such violations;
[[Page 133 STAT.
3281]] (b) Duties.--In carrying out the study under subsection (a), the interagency working group shall-- (1) determine whether, and if so how, any Federal laws, including regulations, policies, and practices, or budgetary or jurisdictional constraints inhibit the prosecution of such violations;
(d) Non-Federal Stakeholders.--In carrying out the study under subsection (a), the interagency working group shall consult with such non-Federal stakeholders as the Attorney General determines have the relevant expertise, including the National Association of Attorneys General.
(d) <<NOTE:
(e) Report to Congress.--Not later than 270 days after the date of the enactment of this Act, the interagency working group shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the study under subsection (a), including-- (1) any recommendations regarding the prevention and prosecution of such violations;
Consultation.
Determination.>> Non-Federal Stakeholders.--In carrying out the study under subsection (a), the interagency working group shall consult [[Page 133 STAT.
3282]] with such non-Federal stakeholders as the Attorney General determines have the relevant expertise, including the National Association of Attorneys General.
(e) Report to Congress.--Not later than 270 days after the date of the enactment of this Act, the interagency working group shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the study under subsection (a), including-- (1) <<NOTE:
Recommenda- tions.>> any recommendations regarding the prevention and prosecution of such violations;
6.
<<NOTE:
47 USC 227b-1.>> 6.
(a) In General.-- (1) Examination of fcc policies.--Not later than 180 days after the date of the enactment of this Act, the Commission shall commence a proceeding to determine how Commission policies regarding access to number resources, including number resources for toll-free and non-toll-free telephone numbers, could be modified, including by establishing registration and compliance obligations, and requirements that providers of voice service given access to number resources take sufficient steps to know the identity of the customers of such providers, to help reduce access to numbers by potential perpetrators of violations of section 227(b) of the Communications Act of 1934 (47 U.S.C.
(a) In General.-- (1) <<NOTE:
Deadline.
Determination.>> Examination of fcc policies.--Not later than 180 days after the date of the enactment of this Act, the Commission shall commence a proceeding to determine how Commission policies regarding access to number resources, including number resources for toll-free and non-toll-free telephone numbers, could be modified, including by establishing registration and compliance obligations, and requirements that providers of voice service given access to number resources take sufficient steps to know the identity of the customers of such providers, to help reduce access to numbers by potential perpetrators of violations of section 227(b) of the Communications Act of 1934 (47 U.S.C.
(b) Authority.--Any person who knowingly, through an employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, is a party to obtaining number resources, including number resources for toll-free and non-toll-free telephone numbers, from a common carrier regulated under title II of the Communications Act of 1934 (47 U.S.C.
(b) <<NOTE:
Penalties.>> Authority.--Any person who knowingly, through an employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever, is a party to obtaining number resources, including number resources for toll-free and non-toll-free telephone numbers, from a common carrier regulated under title II of the Communications Act of 1934 (47 U.S.C.
PROTECTIONS FROM SPOOFED CALLS.
<<NOTE:
(a) In General.--Not later than 1 year after the date of the enactment of this Act, and consistent with the call authentication frameworks under section 4, the Commission shall initiate a rulemaking to help protect a subscriber from receiving unwanted calls or text messages from a caller using an unauthenticated number.
47 USC 227 note.>> PROTECTIONS FROM SPOOFED CALLS.
(b) Considerations.--In promulgating rules under subsection (a), the Commission shall consider-- (1) the Government Accountability Office report on combating the fraudulent provision of misleading or inaccurate caller identification information required by section 503(c) of division P of the Consolidated Appropriations Act, 2018 (Public Law 115-141);
(a) <<NOTE:
Deadline.
Regulations.>> In General.--Not later than 1 year after the date of the enactment of this Act, and consistent with the call authentication frameworks under section 4, the Commission shall initiate a rulemaking to help protect a subscriber from receiving unwanted calls or text messages from a caller using an unauthenticated number.
(b) Considerations.--In promulgating rules under subsection (a), the Commission shall consider-- (1) the Government Accountability Office report on combating the fraudulent provision of misleading or inaccurate caller identification information required by section 503(c) of [[Page 133 STAT.
3283]] division P of the Consolidated Appropriations Act, 2018 (Public Law 115-141);
(a) In General.--Section 227(b)(2) of the Communications Act of (47 U.S.C.
(a) In General.--Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C.
(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.
(b) <<NOTE:
47 USC 227 note.>> 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.
(a) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to Congress, and make publicly available on the website of the Commission, a report on the status of the efforts of the Commission pursuant to the Second Report and Order in the matter of Advanced Methods to Target and Eliminate Unlawful Robocalls (CG Docket No.
(a) <<NOTE:
Public information.
Web posting.>> Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to Congress, and make publicly available on the website of the Commission, a report on the status of the efforts of the Commission pursuant to the Second Report and Order in the matter of Advanced Methods to Target and Eliminate Unlawful Robocalls (CG Docket No.
(b) Contents.--The report required by subsection (a) shall describe the efforts of the Commission, as described in such Second Report and Order, to ensure-- (1) the establishment of a database of telephone numbers that have been disconnected, in order to provide a person making calls subject to section 227(b) of the Communications Act of 1934 (47 U.S.C.
(b) Contents.--The report required by subsection (a) shall describe the efforts of the Commission, as described in such Second Report and Order, to ensure-- (1) the establishment of a database of telephone numbers that have been disconnected, in order to provide a person making calls subject to section 227(b) of the Communications Act of (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;
227(b)) with comprehensive and timely information to enable such person to avoid making calls without [[Page 133 STAT.
3284]] the prior express consent of the called party because the number called has been reassigned;
``(i) Information Sharing.-- ``(1) In general.--Not later than 18 months after the date of the enactment of this subsection, the Commission shall prescribe regulations to establish a process that streamlines the ways in which a private entity may voluntarily share with the Commission information relating to-- ``(A) a call made or a text message sent in violation of subsection (b);
``(i) Information Sharing.-- ``(1) <<NOTE:
Deadline.
Regulations.>> 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);
``(j) Robocall Blocking Service.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this subsection, the Commission shall take a final agency action to ensure the robocall blocking services provided on an opt-out or opt-in basis pursuant to the Declaratory Ruling of the Commission in the matter of Advanced Methods to Target and Eliminate Unlawful Robocalls (CG Docket No.
``(j) Robocall Blocking Service.-- ``(1) <<NOTE:
Deadline.>> 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.
(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;
(c) Study on Information Requirements for Certain VoIP Service Providers.-- [[Page 133 STAT.
3285]] (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;
(d) Transitional Rule Regarding Definition of Text Message.-- Paragraph (2) of subsection (i) of section 227 of the Communications Act of 1934 (47 U.S.C.
(d) <<NOTE:
Applicability.
47 USC 227 note.>> Transitional Rule Regarding Definition of Text Message.--Paragraph (2) of subsection (i) of section 227 of the Communications Act of 1934 (47 U.S.C.
PROVISION OF EVIDENCE OF CERTAIN ROBOCALL VIOLATIONS TO ATTORNEY GENERAL.
<<NOTE:
47 USC 227b-2.>> PROVISION OF EVIDENCE OF CERTAIN ROBOCALL VIOLATIONS TO 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;
(b) <<NOTE:
Web posting.>> 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;
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.
or [[Page 133 STAT.
3286]] (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.
PROTECTION FROM ONE-RING SCAMS.
<<NOTE:
(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.
47 USC 227 note.>> PROTECTION FROM ONE-RING SCAMS.
(a) <<NOTE:
Deadline.>> Initiation of Proceeding.--Not later than days after the date of the enactment of this Act, the Commission shall initiate a proceeding to protect called parties from one-ring scams.
(3) in consultation with the Federal Trade Commission, better educate consumers about how to avoid one-ring scams;
(3) <<NOTE:
Consultation.>> in consultation with the Federal Trade Commission, better educate consumers about how to avoid one-ring scams;
(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).
(c) <<NOTE:
Web posting.>> 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).
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, (Public Law 115-141) as if such amendment was already in effect.
<<NOTE:
SEC.
Applicability.>> 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.
[[Page 133 STAT.
3287]] SEC.
(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.
(a) <<NOTE:
Public information.
Web posting.>> 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.
(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.
(2) <<NOTE:
(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.
Lists.>> 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) <<NOTE:
Lists.>> 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.
(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).
(c) <<NOTE:
Public information.>> 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).
The consortium shall meet the following requirements:
<<NOTE:
Requirements.>> The consortium shall meet the following requirements:
(C) Consistent with section 222(d)(2) of the Communications Act of 1934 (47 U.S.C.
[[Page 133 STAT.
3288]] (C) Consistent with section 222(d)(2) of the Communications Act of 1934 (47 U.S.C.
(D) File a notice with the Commission that the consortium intends to conduct private-led efforts to trace back in advance of such registration.
(D) <<NOTE:
(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).
Notice.>> 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 <<NOTE:
Deadline.
Public information.>> 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).
HOSPITAL ROBOCALL PROTECTION GROUP.
<<NOTE:
(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''.
47 USC 227 note.>> HOSPITAL ROBOCALL PROTECTION GROUP.
(a) <<NOTE:
Deadline.>> Establishment.--Not later than 180 days after the date of the enactment of this Act, the Commission shall establish an [[Page 133 STAT.
3289]] advisory committee to be known as the ``Hospital Robocall Protection Group''.
(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:
(c) <<NOTE:
Deadline.>> Issuance of Best Practices.--Not later than days after the date on which the Group is established under subsection (a), the Group shall issue best practices regarding the following:
(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.
(d) <<NOTE:
Deadline.
Assessment.>> 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.
SEC.
[[Page 133 STAT.
3290]] SEC.
Attest:
Approved December 30, 2019.
Clerk.
LEGISLATIVE HISTORY--S.
116th CONGRESS 1st Session S.
151:
151 _______________________________________________________________________ AMENDMENT
--------------------------------------------------------------------------- SENATE REPORTS:
No.
116-41 (Comm.
on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD, Vol.
165 (2019):
May 23, considered and passed Senate.
Dec.
4, considered and passed House, amended.
Dec.
19, Senate concurred in House amendment.
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How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill enhances penalties for robocall violations and modifies reporting requirements for the Federal Communications Commission.

  • 47 U.S.C. 227

    (4) Civil forfeiture.-- (A) In general.--Any person that is determined by the Commission, in accordance with paragraph (3) or (4) of section 503(b), to have violated this subsection shall be liable to the United States for a forfeiture penalty pursuant to section 503(b)(1). Paragraph (5) of section 503(b) shall not apply in the case of a violation of this subsection. A forfeiture penalty under this subparagraph shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this subparagraph shall be determined in accordance with subparagraphs (A) through (F) of section 503(b)(2).

    This introduces a new civil forfeiture provision for violations of robocall prohibitions.

  • 47 U.S.C. 227

    (B) Violation with intent.--Any person that is determined by the Commission, in accordance with paragraph (3) or (4) of section 503(b), to have violated this subsection with the intent to cause such violation shall be liable to the United States for a forfeiture penalty pursuant to section 503(b)(1). Paragraph (5) of section 503(b) shall not apply in the case of a violation of this subsection. A forfeiture penalty under this subparagraph shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this subparagraph shall be equal to an amount determined in accordance with subparagraphs (A) through (F) of section 503(b)(2) plus an additional penalty not to exceed $10,000.

    This creates a separate penalty for violations conducted with intent, increasing potential fines.

  • 47 U.S.C. 227

    (h) Annual Report to Congress on Robocalls and Transmission of Misleading or Inaccurate Caller Identification Information.-- (1) Report required.--Not later than 1 year after the date of the enactment of this subsection, and annually thereafter, the Commission, after consultation with the Federal Trade Commission, shall submit to Congress a report regarding enforcement by the Commission of subsections (b), (c), (d), and (e) during the preceding calendar year.

    This mandates annual reporting to Congress on enforcement actions related to robocalls.

  • 47 U.S.C. 227

    (5) Additional reporting metrics included in annual report regarding the number of complaints, citations, notices of apparent liability, and final orders imposing penalties for violations.

    This expands the data that the Commission must report on, enhancing transparency regarding enforcement.

  • 47 U.S.C. 227

    Paragraph (5) of section 503(b) shall not apply in the case of a violation of this subsection.

    This exception alters how penalties are applied for violations of robocall restrictions.

Action History

  1. Signed by President.

  2. Signed by President.

  3. Became Public Law No: 116-105.

  4. Became Public Law No: 116-105.

  5. Presented to President.

  6. Presented to President.

  7. Measure laid before Senate by unanimous consent. (consideration: CR S7177)

  8. Resolving differences -- Senate actions: Senate agreed to the House amendment to S. 151 by Voice Vote.

  9. Senate agreed to the House amendment to S. 151 by Voice Vote.

  10. Message on Senate action sent to the House.

  11. Message on House action received in Senate and at desk: House amendment to Senate bill.

  12. Mr. Pallone moved to suspend the rules and pass the bill, as amended.

  13. Considered under suspension of the rules. (consideration: CR H9235-9245)

  14. DEBATE - The House proceeded with forty minutes of debate on S. 151.

  15. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  16. Considered as unfinished business. (consideration: CR H9246-9247)

  17. Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 3 (Roll no. 647).(text: CR H9235-9239)

  18. On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 3 (Roll no. 647). (text: CR H9235-9239)

  19. Motion to reconsider laid on the table Agreed to without objection.

  20. Referred to the Subcommittee on Communications and Technology.

  21. Received in the House.

  22. Referred to the House Committee on Energy and Commerce.

  23. Measure laid before Senate by unanimous consent. (consideration: CR S3075-3077)

  24. The committee substitute agreed to by Unanimous Consent. (text: CR S3075-3076)

  25. Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 97 - 1. Record Vote Number: 127.

  26. Passed Senate with an amendment by Yea-Nay Vote. 97 - 1. Record Vote Number: 127.

  27. Message on Senate action sent to the House.

  28. Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. With written report No. 116-41.

  29. Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. With written report No. 116-41.

  30. Placed on Senate Legislative Calendar under General Orders. Calendar No. 94.

  31. An errata sheet on written report No. 116-41 was printed.

  32. Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

  33. Introduced in Senate

  34. Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety technology
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Frequently asked questions

What does S 151 do?
Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act or the Pallone-Thune TRACED Act This bill establishes rules and requirements to deter criminal robocall violations. Specifically, the Federal Communications Commission (FCC) must require voice service providers to develop call authentication technologies; initiate a rulemaking to protect a subscriber from receiving unwanted calls or texts from a caller using an unauthenticated number; establish when a provider may block a voice call based on information provided by the call authentication framework, but also establish a process to permit a calling party adversely affected by the framework to verify the authenticity of their calls; streamline the ways in which a private entity may voluntarily share information with the FCC relating to a call or text message that violates robocall restrictions; determine whether its policies regarding access to number resources could be modified to help reduce access to numbers by potential robocall violators; report on the implementation of the reassigned number database; implement consumer protections for exempted classes of robocalls; ensure opt-out/opt-in robocall blocking services provide transparency and redress options for consumers and callers with no additional line item charge to consumers or additional charge to callers for resolving complaints related to erroneously blocked calls; study whether to require a provider of a Voice over Internet Protocol (VoIP) service to give the FCC its contact information and retain a record of each call transmitted over the VoIP service that is sufficient to trace a call back to its source; provide the Department of Justice with any evidence obtained suggesting a robocall violation made with an intent to defraud or cause harm; protect called parties from one-ring scams (where a caller allows the call to ring for a short duration to prompt the called party to return the call and incur charges); establish a registration process for a single consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls; and establish the Hospital Robocall Protection Group to issue best practices for combating unlawful robocalls made to hospitals, helping hospitals protect themselves, and assisting federal and state governments to combat such calls. The bill also implements a forfeiture penalty for violations (with or without intent) of the prohibitions on certain robocalls.
Who sponsors S 151?
S 151 is sponsored by Thune, John (Republican).
What is the current status of S 151?
This bill has been enacted into law. Introduced January 16, 2019. Enacted.
Where can I track S 151?
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