To require the Federal Trade Commission, in consultation with the Federal Communications Commission, to establish a robocaller bounty pilot program, and for other purposes.

I 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 pro- gram, 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 estab- lish a robocaller bounty pilot program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. ROBOCALLER BOUNTY PILOT PROGRAM. 3 (a) ESTABLISHMENT.—Not later than 180 days after 4 the date of the enactment of this Act, the Federal Trade 5 Commission, in consultation with the Federal Communica- 6 tions Commission, shall— 7 VerDate Sep 11 2014 21:04 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1304.IH H1304 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1304 IH (1) establish a robocaller bounty pilot program 1 to reduce covered calls by egregious violators; and 2 (2) issue guidance about what constitutes an 3 egregious violation under paragraph (1). 4 (b) REQUIREMENTS.—In establishing the pilot pro- 5 gram under subsection (a), the Federal Trade Commis- 6 sion, in consultation with the Federal Communications 7 Commission, shall— 8 (1) provide monetary compensation for the 9 identification and prevention of covered calls; 10 (2) develop an expeditious process for partici- 11 pants in the pilot program to submit an expedited 12 background check, as determined by the Federal 13 Trade Commission, in consultation with the Federal 14 Communications Commission, and approval for par- 15 ticipation into the program; 16 (3) develop a fee sharing structure for partici- 17 pants to share in funds recovered from violations re- 18 lated to a covered call in addition to payment for 19 participation in program; 20 (4) award competitive contracts as necessary to 21 manage the pilot program and for addressing the 22 vulnerabilities identified as a consequence of the 23 pilot program; and 24 VerDate Sep 11 2014 21:04 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1304.IH H1304 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1304 IH (5) solicit interested persons, including the pri- 1 vate sector, about the structure of the pilot program 2 and constructive feedback. 3 (c) REPORT.—Not later than 90 days after the date 4 on which the pilot program is complete, the Federal Trade 5 Commission, in consultation with the Federal Communica- 6 tions Commission, shall submit to the Committees on En- 7 ergy and Commerce and the Judiciary of the House of 8 Representatives and the Committees on Commerce, 9 Science, and Transportation and the Judiciary of the Sen- 10 ate a report that includes the following: 11 (1) The number of individuals and companies 12 that were approved to participate in the pilot pro- 13 gram and received compensation. 14 (2) The number of covered calls identified, 15 prosecuted, prevented, and intercepted. 16 (3) Changes needed in the law to address the 17 enforcement and apprehension related to covered 18 calls. 19 (4) The number of prosecutions that resulted 20 because of the program. 21 (5) Recommendations for overseas identification 22 and apprehension of individuals making covered 23 calls. 24 VerDate Sep 11 2014 21:04 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1304.IH H1304 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1304 IH (6) The obstacles encountered with appre- 1 hending individuals making covered calls and any 2 other lessons learned from the pilot program. 3 (7) The payout per participant under the pro- 4 gram. 5 (d) DEFINITIONS.— 6 (1) COVERED CALL.—The term ‘‘covered call’’ 7 means a call that is in violation of section 227 of the 8 Communications Act of 1947 (47 U.S.C. 227) or the 9 do-not-call registry established under section 10 3(a)(3)(A) of the Telemarketing and Consumer 11 Fraud and Abuse Prevention Act (15 U.S.C. 12 6102(a)(3)(A)). 13 (2) EGREGIOUS VIOLATOR.—The term ‘‘egre- 14 gious violator’’— 15 (A) means a person that makes (or causes 16 to be made) covered calls; and 17 (B) does not include a person that has reg- 18 istered with the Federal Trade Commission and 19 demonstrated to the Federal Trade Commission 20 that adequate procedures are in place to pre- 21 vent making covered calls. 22 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 23 tion may be construed as conveying to any participant in 24 VerDate Sep 11 2014 21:04 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1304.IH H1304 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1304 IH the pilot program any new right to seek discovery or issue 1 subpoenas to communications service providers. 2 Æ VerDate Sep 11 2014 21:04 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1304.IH H1304 pamtmann on DSKBFK8HB2PROD with BILLS