This bill requires the Federal Trade Commission (FTC) to establish a robocaller bounty pilot program to reduce covered calls by egregious violators. A covered call is generally one that (1) is made by an automatic dialing system, (2) uses an artificial or prerecorded voice and is not initiated for emergency purposes, or (3) violates the do-not-call-registry.
The FTC must provide monetary compensation for the identification and prevention of covered calls and enable participants to share funds recovered from violations.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1304 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1304
To require the Federal Trade Commission, in consultation with the
Federal Communications Commission, to establish a robocaller bounty
pilot program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2019
Mr. Graves of Louisiana (for himself and Mr. Crist) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To require the Federal Trade Commission, in consultation with the
Federal Communications Commission, to establish a robocaller bounty
pilot program, 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. ROBOCALLER BOUNTY PILOT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Federal Trade Commission, in consultation
with the Federal Communications Commission, shall--
(1) establish a robocaller bounty pilot program to reduce
covered calls by egregious violators; and
(2) issue guidance about what constitutes an egregious
violation under paragraph (1).
(b) Requirements.--In establishing the pilot program under
subsection (a), the Federal Trade Commission, in consultation with the
Federal Communications Commission, shall--
(1) provide monetary compensation for the identification
and prevention of covered calls;
(2) develop an expeditious process for participants in the
pilot program to submit an expedited background check, as
determined by the Federal Trade Commission, in consultation
with the Federal Communications Commission, and approval for
participation into the program;
(3) develop a fee sharing structure for participants to
share in funds recovered from violations related to a covered
call in addition to payment for participation in program;
(4) award competitive contracts as necessary to manage the
pilot program and for addressing the vulnerabilities identified
as a consequence of the pilot program; and
(5) solicit interested persons, including the private
sector, about the structure of the pilot program and
constructive feedback.
(c) Report.--Not later than 90 days after the date on which the
pilot program is complete, the Federal Trade Commission, in
consultation with the Federal Communications Commission, shall submit
to the Committees on Energy and Commerce and the Judiciary of the House
of Representatives and the Committees on Commerce, Science, and
Transportation and the Judiciary of the Senate a report that includes
the following:
(1) The number of individuals and companies that were
approved to participate in the pilot program and received
compensation.
(2) The number of covered calls identified, prosecuted,
prevented, and intercepted.
(3) Changes needed in the law to address the enforcement
and apprehension related to covered calls.
(4) The number of prosecutions that resulted because of the
program.
(5) Recommendations for overseas identification and
apprehension of individuals making covered calls.
(6) The obstacles encountered with apprehending individuals
making covered calls and any other lessons learned from the
pilot program.
(7) The payout per participant under the program.
(d) Definitions.--
(1) Covered call.--The term ``covered call'' means a call
that is in violation of section 227 of the Communications Act
of 1947 (47 U.S.C. 227) or the do-not-call registry established
under section 3(a)(3)(A) of the Telemarketing and Consumer
Fraud and Abuse Prevention Act (15 U.S.C. 6102(a)(3)(A)).
(2) Egregious violator.--The term ``egregious violator''--
(A) means a person that makes (or causes to be
made) covered calls; and
(B) does not include a person that has registered
with the Federal Trade Commission and demonstrated to
the Federal Trade Commission that adequate procedures
are in place to prevent making covered calls.
(e) Rule of Construction.--Nothing in this section may be construed
as conveying to any participant in the pilot program any new right to
seek discovery or issue subpoenas to communications service providers.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Consumer Protection and Commerce.
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