[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7116 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7116
To strengthen certain provisions relating to restrictions on robocalls
and telemarketing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2024
Mr. Pallone (for himself, Ms. Matsui, Ms. Schakowsky, Mr. Sorensen, and
Mr. Soto) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To strengthen certain provisions relating to restrictions on robocalls
and telemarketing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Do Not Disturb
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FEDERAL COMMUNICATIONS COMMISSION
Sec. 101. Robocall restrictions.
Sec. 102. Text message authentication and trace back study.
Sec. 103. Annual robocall report.
Sec. 104. Disclosure required for robocalls using AI.
Sec. 105. Enhanced penalties for violations involving AI voice or text
message impersonation.
Sec. 106. Certain requirements for VoIP service providers.
Sec. 107. Tracking of top 100 illegal robocall campaigns.
Sec. 108. Offering of robocall-blocking service at no charge to
customer.
Sec. 109. Telephone solicitation.
Sec. 110. Commission defined.
TITLE II--FEDERAL TRADE COMMISSION
Sec. 201. Addition of text message to the definition of telemarketing.
Sec. 202. Adoption of regulations on inbound telephone calls and
expanded calling time restrictions.
Sec. 203. Disclosure required for telemarketing using AI.
Sec. 204. Enhanced penalties for violations of telemarketing rules
involving AI voice or text message
impersonation.
Sec. 205. Commission defined.
TITLE I--FEDERAL COMMUNICATIONS COMMISSION
SEC. 101. ROBOCALL RESTRICTIONS.
(a) Definitions.--Section 227(a) of the Communications Act of 1934
(47 U.S.C. 227(a)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) by inserting before paragraph (3) the following:
``(2) Robocall.--
``(A) In general.--The term `robocall' means a call
made or text message sent--
``(i) using equipment, whether hardware,
software, or a combination thereof and
including an automatic telephone dialing
system, that makes a call or sends a text
message to--
``(I) stored telephone numbers; or
``(II) telephone numbers produced
using a random or sequential number
generator; or
``(ii) using an artificial or prerecorded
voice or an artificially generated message.
``(B) Limitation.--For purposes of subparagraph
(A)(i), the term `robocall' does not include a call
made or text message sent using equipment that requires
substantial human intervention to make or send the call
or text message.'';
(4) by redesignating paragraph (5) as paragraph (7); and
(5) by inserting after paragraph (4) the following:
``(5) Text message.--
``(A) In general.--The term `text message' means a
message consisting of text, images, sounds, or other
information that is transmitted to or from a device
that is identified as the receiving or transmitting
device by means of a 10-digit telephone number, N11
service code, short code telephone number, or email
address, or that is transmitted through application-to-
person messaging, and includes--
``(i) a short message service (commonly
referred to as `SMS') message;
``(ii) a multimedia message service
(commonly referred to as `MMS') message; and
``(iii) a rich communication service
(commonly referred to as `RCS') message.
``(B) Limitation.--The term `text message' does not
include a real-time, two-way voice or video
communication.
``(6) Text messaging service.--The term `text messaging
service' means a service that enables the transmission or
receipt of a text message, including a service provided as part
of or in connection with a voice service.''.
(b) Restrictions on Use of Robocalls.--Section 227(b) of the
Communications Act of 1934 (47 U.S.C. 227(b)) is amended--
(1) in the subsection heading, by striking ``Automated
Telephone Equipment'' and inserting ``Robocalls'';
(2) in paragraph (1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``any call'' and
inserting ``a robocall'';
(II) by striking ``a call'' and
inserting ``a robocall''; and
(III) by striking ``using any
automatic telephone dialing system or
an artificial or prerecorded voice'';
and
(ii) in clause (iii), by striking ``call''
each place it appears and inserting
``robocall'';
(B) in subparagraph (B)--
(i) by striking ``any telephone call'' and
inserting ``a robocall'';
(ii) by striking ``using an artificial or
prerecorded voice to deliver a message''; and
(iii) by striking ``the call'' and
inserting ``the robocall''; and
(C) in subparagraph (D), by striking ``use an
automatic telephone dialing system'' and inserting
``make robocalls''; and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``calls made
using an artificial or prerecorded voice'' and
inserting ``robocalls'';
(B) in subparagraph (B), by striking ``calls'' each
place it appears and inserting ``robocalls'';
(C) in subparagraph (C), by striking ``calls'' and
inserting ``robocalls'';
(D) in subparagraph (H), by striking ``calls'' and
inserting ``robocalls''; and
(E) in subparagraph (I)--
(i) by striking ``calls'' each place it
appears and inserting ``robocalls''; and
(ii) by striking ``be called'' and
inserting ``receive such robocalls''.
(c) Technical and Procedural Standards.--Section 227(d) of the
Communications Act of 1934 (47 U.S.C. 227(d)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``any telephone call using any
automatic telephone dialing system'' and inserting ``a
robocall''; and
(B) by striking ``or automatic telephone dialing
system'' and inserting ``or robocall system''; and
(2) in paragraph (3)--
(A) in the paragraph heading, by striking
``Artificial or prerecorded voice'' and inserting
``Robocall'';
(B) in the matter preceding subparagraph (A), by
striking ``any artificial or prerecorded voice message
via telephone'' and inserting ``robocalls'';
(C) in subparagraph (A)--
(i) by striking ``artificial or prerecorded
telephone messages'' and inserting ``robocalls
using an artificial or prerecorded voice or an
artificially generated message''; and
(ii) by striking ``the call'' and inserting
``the robocall''; and
(D) in subparagraph (B), by striking ``to make or
receive other calls''.
(d) Prohibition on Provision of Misleading or Inaccurate Caller
Identification Information.--Section 227(e)(8) of the Communications
Act of 1934 (47 U.S.C. 227(e)(8)) is amended--
(1) by striking subparagraphs (C) and (D); and
(2) by redesignating subparagraph (E) as subparagraph (C).
(e) Effect on State Law.--Section 227(f)(1) of the Communications
Act of 1934 (47 U.S.C. 227(f)(1)) is amended--
(1) in subparagraph (B)--
(A) by striking ``automatic telephone dialing
systems'' and inserting ``robocalls''; and
(B) by adding ``or'' at the end;
(2) by striking subparagraph (C); and
(3) by redesignating subparagraph (D) as subparagraph (C).
(f) Annual Report to Congress on Robocalls and Transmission of
Misleading or Inaccurate Caller Identification Information.--Section
227(h)(2) of the Communications Act of 1934 (47 U.S.C. 227(h)(2)) is
amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``that a consumer
received a call in violation'' and inserting ``a
violation'';
(B) in clause (ii), by striking ``that a consumer
received a call in violation'' and inserting ``a
violation''; and
(C) in clause (iii), by striking ``that a consumer
received a call in connection with which misleading or
inaccurate caller identification information was
transmitted in violation'' and inserting ``a
violation'';
(2) in subparagraph (F), by striking ``calls made in
violation'' and inserting ``violations''; and
(3) in subparagraph (G)--
(A) by striking ``short-duration calls'' and
inserting ``short-duration calls or high-volume,
unlawful text messages''; and
(B) by striking ``calls made in violation'' each
place it appears and inserting ``violations''.
(g) Information Sharing.--Section 227(i) of the Communications Act
of 1934 (47 U.S.C. 227(i)) is amended--
(1) by striking paragraph (2);
(2) by striking ``Sharing'' and all that follows through
``Not later than'' and inserting ``Sharing.--Not later than'';
and
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively (and conforming the
margins accordingly).
(h) Robocall Blocking Service.--Section 227(j) of the
Communications Act of 1934 (47 U.S.C. 227(j)) is amended--
(1) by striking paragraph (2);
(2) by striking ``Service'' and all that follows through
``Not later than'' and inserting ``Service.--Not later than'';
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively (and conforming the
margins accordingly); and
(4) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively (and conforming the margins
accordingly).
(i) Regulations.--Not later than 270 days after the date of the
enactment of this Act, the Commission shall promulgate regulations to
implement this section, including the amendments made by this section.
SEC. 102. TEXT MESSAGE AUTHENTICATION AND TRACE BACK STUDY.
(a) Study.--The Commission shall conduct a study to determine the
feasibility of--
(1) creating an authentication framework with respect to
text messages; and
(2) requiring responses, from enforcement authorities, with
respect to requests to trace back the origin of text messages.
(b) Consultation.--In conducting the study under subsection (a),
the Commission shall consult with relevant stakeholders, including
representatives of private industry, public interest organizations, and
academia.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report on the
findings of the study conducted under subsection (a).
(d) Text Message Defined.--In this section, the term ``text
message'' has the meaning given that term in section 227(a) of the
Communications Act of 1934 (47 U.S.C. 227(a)), as amended by this Act.
SEC. 103. ANNUAL ROBOCALL REPORT.
(a) Notice by the Commission Seeking Registrations.--Section
13(d)(2) of the Pallone-Thune Telephone Robocall Abuse Criminal
Enforcement and Deterrence Act is amended--
(1) in the paragraph heading, by striking ``Annual notice''
and inserting ``Notice''; and
(2) by striking ``annually'' and inserting ``every 3
years''.
(b) Suspected Unlawful Robocall.--Section 13(f)(3) of the Pallone-
Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act
is amended by inserting ``(not including a text message)'' after
``means a call''.
SEC. 104. DISCLOSURE REQUIRED FOR ROBOCALLS USING AI.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended by adding at the end the following:
``(k) Disclosure Required for Robocalls Using AI.--If a person
making a robocall uses artificial intelligence to emulate a human
being, such person shall disclose at the beginning of the call or text
message the fact that artificial intelligence is being used.''.
SEC. 105. ENHANCED PENALTIES FOR VIOLATIONS INVOLVING AI VOICE OR TEXT
MESSAGE IMPERSONATION.
(a) In General.--Section 227 of the Communications Act of 1934 (47
U.S.C. 227), as amended by the preceding provisions of this Act, is
further amended by adding at the end the following:
``(l) Enhanced Penalties for Violations Involving AI Voice or Text
Message Impersonation.--In the case of a violation of this section with
respect to which the party making the call or sending the text message
uses artificial intelligence to impersonate an individual or entity
with the intent to defraud, cause harm, or wrongfully obtain anything
of value--
``(1) the maximum amount of the forfeiture penalty that may
be imposed under subsection (b)(4) or (e)(5)(A) of this section
or subsection (b) of section 503 (as the case may be) shall be
twice the maximum amount that may be imposed for such violation
under such subsection without regard to this subsection; and
``(2) the maximum amount of the criminal fine that may be
imposed under subsection (e)(5)(B) of this section or section
501 (as the case may be) shall be twice the maximum amount that
may be imposed for such violation under such subsection or
section without regard to this subsection.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to violations occurring after the date of the
enactment of this Act.
SEC. 106. CERTAIN REQUIREMENTS FOR VOIP SERVICE PROVIDERS.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227), as
amended by the preceding provisions of this Act, is further amended by
adding at the end the following:
``(m) Certain Requirements for VoIP Service Providers.--
``(1) Regulations.--Not later than 1 year after the date of
the enactment of this subsection, the Commission shall
promulgate regulations that do the following:
``(A) Require a provider of covered VoIP service to
do the following:
``(i) Verify the identity of each customer
of the provider.
``(ii) Proactively and continuously monitor
and analyze traffic on the service of the
provider to determine whether any customer of
the provider has engaged or is engaging in a
pattern or practice of making robocalls using
the service of the provider.
``(iii) If the provider ascertains, through
the monitoring and analysis required under
clause (ii) or other means, that a customer of
the provider has engaged or is engaging in a
pattern or practice of making robocalls using
the service of the provider, conduct an
investigation to determine expeditiously
whether there is substantial evidence that the
customer has committed or is committing any
violation of this section, or any other
applicable law or regulation, with respect to
such robocalls.
``(iv) If the provider determines in an
investigation conducted under clause (iii) that
there is substantial evidence that the customer
has committed or is committing any violation
described in such clause, not later than 10
days after making the determination--
``(I) take affirmative, effective
measures to mitigate the origination or
transmission of such robocalls; and
``(II) submit to the Robocall
Mitigation Database of the Commission a
public report containing such evidence
and describing such investigation and
measures.
``(B) Provide that the directors and officers (or
any other individuals holding similar positions) and
covered owners of a provider of covered VoIP service
are jointly and severally liable with the provider for
any failure to comply with--
``(i) the regulations promulgated under
this subsection; or
``(ii) if the provider or any such
director, officer, other individual, or covered
owner knew or should have known that the
service of the provider was being used to
facilitate robocalls in violation of any other
regulation promulgated by the Commission or law
enforced by the Commission, such regulation or
law.
``(C) Establish a process by which, if a provider
of covered VoIP service receives notice of suspected
illegal traffic under the rules of the Commission and
fails to sufficiently respond to the notice and
mitigate the suspected illegal traffic, the provider
can be temporarily suspended from the Robocall
Mitigation Database of the Commission and have the
traffic of the provider blocked by downstream voice
service providers and intermediate providers, pending a
final determination by the Commission of whether to
remove the provider of covered VoIP service from the
Robocall Mitigation Database.
``(2) Definitions.--In this subsection:
``(A) Covered owner.--The term `covered owner'
means, with respect to a provider of covered VoIP
service, any individual or entity that owns an equity
interest (or the equivalent thereof) in the provider of
50 percent or greater.
``(B) Covered voip service.--The term `covered VoIP
service' means any of the following:
``(i) An interconnected VoIP service.
``(ii) A non-interconnected VoIP
service.''.
SEC. 107. TRACKING OF TOP 100 ILLEGAL ROBOCALL CAMPAIGNS.
(a) Framework and Tracking System.-- Not later than 1 year after
the date of the enactment of this Act, the Commission shall develop a
framework and tracking system to monitor the top 100 robocall campaigns
that primarily involve robocalls that are illegal or suspected to be
illegal.
(b) Monthly Report.--Not later than 1 month after developing the
framework and tracking system required by subsection (a), and monthly
thereafter, the Commission shall make available to the public on the
website of the Commission a report, with respect to the preceding 1-
month period, on the campaigns described in such subsection.
(c) Robocall Defined.--In this section, the term ``robocall'' has
the meaning given such term in section 227(a) of the Communications Act
of 1934 (47 U.S.C. 227(a)), as amended by this Act.
SEC. 108. OFFERING OF ROBOCALL-BLOCKING SERVICE AT NO CHARGE TO
CUSTOMER.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227), as
amended by the preceding provisions of this Act, is further amended by
adding at the end the following:
``(n) Offering of Robocall-Blocking Service at No Charge to
Customer.--
``(1) Regulations.--Not later than 180 days after the date
of the enactment of this subsection, the Commission shall
promulgate regulations that require a provider of voice service
to offer a robocall-blocking service to each customer of the
provider, at no additional charge to the customer.
``(2) Definitions.--In this subsection:
``(A) Robocall-blocking service.--The term
`robocall-blocking service' means a service that gives
a customer of a provider of voice service the ability
to block robocalls that are highly likely to be
illegal.
``(B) Voice service.--The term `voice service' has
the meaning given such term in section 4(a) of the
Pallone-Thune TRACED Act (47 U.S.C. 227b(a)).''.
SEC. 109. TELEPHONE SOLICITATION.
Section 227(a) of the Communications Act of 1934 (47 U.S.C.
227(a)), as amended by the preceding provisions of this Act, is further
amended by striking paragraph (4) and inserting the following:
``(4) Telephone solicitation.--
``(A) In general.--The term `telephone
solicitation' means the initiation of a telephone call
or text message, transmitted to a person, for the
purpose of--
``(i) deception, fraud, or wrongfully
obtaining anything of value; or
``(ii) encouraging the purchase, sale, or
rental of, or investment in, property, goods,
or services, including referral or hiring
services.
``(B) Limitation.--With respect to subparagraph
(A)(ii), the term `telephone solicitation' does not
include a call or message--
``(i) to any person with that person's
prior express invitation or permission;
``(ii) to any person with whom the caller
has an established business relationship; or
``(iii) by a tax exempt nonprofit
organization.''.
SEC. 110. COMMISSION DEFINED.
In this title, the term ``Commission'' means the Federal
Communications Commission.
TITLE II--FEDERAL TRADE COMMISSION
SEC. 201. ADDITION OF TEXT MESSAGE TO THE DEFINITION OF TELEMARKETING.
Section 7 of the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6106) is amended--
(1) in paragraph (4), by inserting ``or text message''
after ``telephone call''; and
(2) by adding at the end the following new paragraph:
``(5) Text message.--
``(A) In general.--The term `text message' means a
message consisting of text, images, sounds, or other
information that is transmitted to or from a device
that is identified as the receiving or transmitting
device by means of a 10-digit telephone number, N11
service code, short code telephone number, or email
address, or that is transmitted through application-to-
person messaging, and includes--
``(i) a short message service (commonly
referred to as `SMS') message;
``(ii) a multimedia message service
(commonly referred to as `MMS') message; and
``(iii) a rich communication service
(commonly referred to as `RCS') message.
``(B) Limitation.--The term `text message' does not
include a real-time, two-way voice or video
communication.''.
SEC. 202. ADOPTION OF REGULATIONS ON INBOUND TELEPHONE CALLS AND
EXPANDED CALLING TIME RESTRICTIONS.
(a) Inbound Telephone Calls.--Not later than 1 year after the date
of the enactment of this Act, the Commission shall revise the
Telemarketing Sales Rule (part 310 of title 16, Code of Federal
Regulations), to prohibit deceptive or other abusive telemarketing acts
or practices relating to inbound telephone calls, subject to the
exemption relating to catalogs (as provided for in the Telemarketing
Sales Rule as of the date of the enactment of this Act).
(b) Calling Time Restrictions.--Not later than 1 year after the
date of the enactment of this Act, the Commission shall revise the
Telemarketing Sales Rule (part 310 of title 16, Code of Federal
Regulations), to expand the calling time restrictions contained in the
Telemarketing Sales Rule such that it shall be an abusive telemarketing
act or practice and a violation of the Telemarketing Sales Rule for a
telemarketer to engage in outbound telephone calls to a person's
residence at any time other than between 9:00 a.m. and 5:00 p.m. local
time at the called person's location.
SEC. 203. DISCLOSURE REQUIRED FOR TELEMARKETING USING AI.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall revise the Telemarketing
Sales Rule (part 310 of title 16, Code of Federal Regulations) so as to
add a requirement that, if a person makes a call or sends a text
message with respect to telemarketing and uses artificial intelligence
in such call or text message to emulate a human being, such person
shall disclose at the beginning of such call or text message the fact
that artificial intelligence is being used.
(b) Definitions.--In this section, the terms ``telemarketing'' and
``text message'' have the meanings given such terms in section 7 of the
Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C.
6106), as amended by this Act.
SEC. 204. ENHANCED PENALTIES FOR VIOLATIONS OF TELEMARKETING RULES
INVOLVING AI VOICE OR TEXT MESSAGE IMPERSONATION.
(a) In General.--Section 6 of the Telemarketing and Consumer Fraud
and Abuse Prevention Act (15 U.S.C. 6105) is amended by adding at the
end the following:
``(e) Enhanced Penalties for Violations Involving AI Voice or Text
Message Impersonation.--
``(1) Penalties under federal trade commission act.--
Notwithstanding subsection (b), in the case of a violation
described in paragraph (2), the maximum amount of the civil
penalty that may be imposed for such violation under subsection
(l) or (m) (as the case may be) of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) shall be twice the maximum
amount that may be imposed for such violation under such
subsection without regard to this subsection.
``(2) Violations described.--The violations described in
this paragraph are the following:
``(A) A violation of a rule prescribed by the
Commission under section 3 with respect to which the
party making the call or sending the text message uses
artificial intelligence to impersonate an individual or
entity with the intent to defraud, cause harm, or
wrongfully obtain anything of value.
``(B) A violation of a cease-and-desist order
issued by the Commission under section 5(b) of the
Federal Trade Commission Act (15 U.S.C. 45(b)) with
respect to a violation described in subparagraph
(A).''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to violations occurring after the date of the
enactment of this Act.
SEC. 205. COMMISSION DEFINED.
In this title, the term ``Commission'' means the Federal Trade
Commission.
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