S2666-119

What This Bill Does

The Foreign Robocall Elimination Act requires the FCC, after consulting the FTC and Attorney General, to establish an unlawful-robocall task force within 270 days. The body combines relevant federal agencies with seven private-sector representatives from voice providers, analytics and technology, the registered traceback consortium, marketing and nonmarketing callers, and a customer advocate. It must study the scale and foreign origins of unlawful calls, financial and identity losses, international authentication, STIR/SHAKEN, traceback, foreign cooperation, Justice enforcement resources and penalties, voluntary blocking practices, public disclosure tradeoffs, and TRACED Act compliance. Its report is due to Congress within 360 days after formation, and the task force terminates 90 days later. The Act changes FCC notice about the registered consortium from annual to once every three years. It immunizes the consortium from lawsuits for receiving, sharing, or publishing covered traceback information; permits the FCC or consortium to publish providers that refuse traceback participation or carry substantial unlawful traffic; and permits FCC enforcement based on that information. FCC must create a rule requiring a bond of up to $100,000 before a provider certifies in the Robocall Mitigation Database when needed to protect database integrity. Rules must exempt bona fide established providers when a bond is unnecessary, require bonds from providers lacking legitimate operations, sufficient oversight, or ability to pay penalties, and minimize burdens on compliant regulated providers.

Who Benefits and How

Consumers and businesses receiving calls may benefit from better identification, blocking, traceback, foreign cooperation, and enforcement against unlawful robocalls. Customer advocates gain a seat in the task force, while Congress and enforcement agencies gain a detailed assessment and recommendations. The registered traceback consortium gains liability protection for covered information sharing and authority, with FCC consultation, to identify nonparticipating or high-risk voice providers. Established, regulated voice providers benefit from required categorical bond exemptions and a direction to minimize unnecessary financial and administrative burdens.

Who Bears the Burden and How

FCC, FTC, Justice, and participating agencies must appoint members, support the task force, analyze extensive technical and enforcement questions, and produce the report. FCC must conduct rulemaking, evaluate bond necessity and exemptions, maintain provider accountability, and consider enforcement based on published information. Voice providers that cannot demonstrate legitimate ongoing operations, regulatory oversight, or ability to pay penalties may have to post up to $100,000 before database certification and may be publicly listed or investigated. Task-force members and represented businesses must devote time and sensitive expertise to the review.

Key Provisions

• Requires an interagency and private-sector unlawful-robocall task force within 270 days.
• Requires a congressional report on foreign robocall origins, losses, authentication, enforcement, traceback, and best practices.
• Provides traceback-consortium immunity for receiving, sharing, and publishing covered information.
• Authorizes publication of nonparticipating or high-volume unlawful-call providers and related FCC enforcement.
• Requires risk-based bonds of up to $100,000 for certain Robocall Mitigation Database applicants.
• Protects bona fide providers through exemption criteria and categorical relief.
• Limits the task force to 90 days after its report and reduces consortium notice frequency to once every three years.