,i #aaith ,,congress #ast ,session ,h4 ,r4 #faeb ,,in ,,the ,,house ,,of ,,representatives ,november #ai1 #bjbe,mr4 ,mc,dowell 7for himself1 ,ms4 ,morrison1 ,mr4 ,steube1 and ,mr4 ,panetta7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to direct the ,federal ,communications ,commission to establish a taskforce on unlawful robocalls1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,foreign ,robocall ,elimination ,act4 #b4 ,interagency taskforce on unlawful robocalls 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,consortium ,the term ,consortium means the consortium described in section #ac7;d7 of the ,pallone-,thune ,,traced ,act 7,public ,law #aaf-aje74 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#d7 ,taskforce ,the term taskforce means the taskforce on unlawful robocalls established under subsection 7b74 7#e7 ,unlawful robocall ,the term unlawful robocall means a telephone call made in violation of subsection 7b7 or 7e7 of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg74 7b7 ,establishment ,not later than #bgj days after the date of enactment of this ,act1 the ,commission1 after consultation with the ,federal ,trade ,commission and the ,attorney ,general1 shall establish a taskforce on unlawful robocalls4 7c7 ,membership 7#a7 ,in general ,the taskforce shall be composed of the following members3 7,a7 7i7 ,a representative of each ,federal agency that the ,chairman of the ,commission1 in consultation with the ,chairman of the ,federal ,trade ,commission and the ,attorney ,general1 considers appropriate4 7ii7 ,with respect to each ,federal agency considered under clause 7i7 to be appropriate1 the ,chairman of the ,commission shall appoint a representative of that ,federal agency to the taskforce based on the recommendations of the head of that ,federal agency4 7,b7 ,seven representatives of private sector entities1 to be appointed as described in paragraph 7#b7-- 7i7 #c of whom shall be representatives from private sector entities with expertise in combating unlawful robocalls1 including-- 7,i7 voice service providers2 7,,ii7 analytics providers2 7,,iii7 technologists2 and 7,,iv7 technology experts2 7ii7 #a of whom shall be a representative from the ,consortium2 7iii7 #a of whom shall be a representative of a marketing business that communicates with consumers by telephone as part of the normal course of business of that marketing business2 7iv7 #a of whom shall be a representative of a business or nonprofit organization that communicates with consumers by telephone for non-marketing purposes on a regular basis2 and 7v7 #a of whom shall be a representative of an organization that advocates on behalf of customers and who has relevant experience and expertise in combating unlawful robocalls4 7#b7 ,appointment of representatives of private sector entities 7,a7 ,in general ,notwithstanding any provision of chapter #aj of title #e1 ,united ,states ,code1 the members of the taskforce described in paragraph 7#a77;,b7 shall be jointly appointed by the ,chairman of the ,commission1 the ,chairman of the ,federal ,trade ,commission1 and the ,attorney ,general4 7,b7 ,inability to reach agreement 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 if the ,chairman of the ,commission1 the ,chairman of the ,federal ,trade ,commission1 and the ,attorney ,general cannot reach agreement regarding an appointment described in subparagraph 7,a71 as determined by the ,chairman of the ,commission1 the ,chairman of the ,commission shall make that appointment4 7ii7 ,notice of appointments ,not later than #dh hours before appointing a member to the taskforce under clause 7i71 the ,chairman of the ,commission shall provide notice of the proposed appointment to the commissioners of the ,commission4 7iii7 ,request for vote ,if1 after receiving notice under clause 7ii7 of a proposed appointment under clause 7i71 a commissioner of the ,commission requests that the proposed appointment be subject to a vote of the ,commission1 the ,chairman of the ,commission may not make that appointment unless a majority of the commissioners of the ,commission vote to approve the appointment4 7d7 ,report 7#a7 ,in general ,the taskforce shall prepare a report on unlawful robocalls1 which shall contain recommendations and advice for ,federal agencies with jurisdiction relevant to combating unlawful robocalls1 and for ,congress1 regarding the most effective ways to combat unlawful robocalls made into the ,united ,states from outside the ,united ,states4 7#b7 ,matters to be studied ,in preparing the report required under paragraph 7#a71 the taskforce shall-- 7,a7 compare the estimated number of suspected unlawful robocalls made within the ,united ,states with the estimated number of unlawful robocalls made into the ,united ,states from outside the ,united ,states2 7,b7 determine which foreign countries serve as the foreign points of departure for the highest volume of unlawful robocalls made into the ,united ,states2 7,c7 determine the magnitude of financial loss and the number of instances of stolen identity that occur within the ,united ,states each year as a result of unlawful robocalls made from outside the ,united ,states2 7,d7 examine methods for encouraging the adoption of caller identification authentication technology in foreign countries2 7,e7 examine and provide information on options for how countries can collaborate on solutions to authenticate and verify international calls1 including relevant analytics relating to unlawful robocalls and technical options that can be used with respect to that authentication and verification2 7,f7 examine how better implementation of technical solutions1 such as traceback and caller identification authentication technology in foreign originating countries1 would improve coordination between the ,united ,states and foreign countries in combating unlawful robocalls2 7,g7 determine whether-- 7i7 the technical standards commonly known as ,,stir_/,,shaken adequately provide call authentication for unlawful robocalls from foreign originating providers or foreign intermediate providers through gateway providers in the ,united ,states2 and 7ii7 it would be desirable to encourage other countries to adopt the standards described in clause 7i72 7,h7 examine ways to provide incentives to foreign countries to cooperate with law enforcement efforts in the ,united ,states to combat unlawful robocalls2 7,i7 examine whether any ,federal agency1 or any other organization1 that combats unlawful robocalls needs additional resources in order to more effectively combat unlawful robocalls made into the ,united ,states from outside the ,united ,states2 7,j7 specifically consider whether the ability of the ,attorney ,general to conduct enforcement activities with respect to unlawful robocalls would be increased through the establishment of an office within the ,department of ,justice dedicated to those enforcement activities2 7,k7 examine how increased criminal penalties based on the volume of unlawful robocalls could help prevent unlawful robocalls made into the ,united ,states2 7,l7 examine how many enforcement activities the ,attorney ,general has undertaken in the year preceding the date on which the preparation of the report begins1 including in response to referrals made by the ,commission2 7,m7 specifically determine how the ,attorney ,general has pursued forfeiture amounts in enforcement activities with respect to unlawful robocalls2 7,n7 seek input1 as appropriate1 from technologists and private sector innovators to find solutions for combating unlawful robocalls2 7,o7 identify a list of best practices regarding the identification and blocking of unlawful robocalls that telephone service providers and providers of technology solutions can voluntarily implement to improve the effectiveness of mitigating unlawful robocalls made into the ,united ,states from outside the ,united ,states2 7,p7 evaluate whether requiring periodic public disclosure1 in whole or in part1 of the results of trace backs conducted by the ,consortium would impact the integrity and effectiveness of the trace back process of the ,consortium1 including by-- 7i7 revealing investigative methods2 7ii7 allowing consumers and businesses to avoid providers with a track record of making unlawful robocalls2 7iii7 exposing proprietary1 competitively sensitive1 or confidential information of legitimate providers or entities2 7iv7 strengthening accountability and deterrence2 7v7 enabling the initiators of unlawful robocalls to evade detection1 adapt tactics1 or exploit system vulnerabilities2 7vi7 improving the efforts of voice service providers to block calls that are determined to be unwanted based on reasonable analytics2 7vii7 impeding cooperation with future law enforcement investigations or future consumer protection efforts2 or 7viii7 ensuring fairness in the reporting of trace back information2 and 7,q7 examine mechanisms for improving compliance with the requirements imposed pursuant to sections #f and #g of the ,pallone-,thune ,,traced ,act 7#dg ,u4,s4,c4 #bbg;b-#a1 #bbg note74 7#c7 ,report to ,congress ,not later than #cfj days after the date on which the taskforce is established under subsection 7b71 the taskforce shall submit to ,congress the report prepared under this subsection4 7e7 ,use of funds ,notwithstanding section #acdf of title #ca1 ,united ,states ,code1 funds made available by this or any other ,act to the ,commission1 the ,federal ,trade ,commission1 or the ,department of ,justice may be used by the applicable ,federal agency for coordination with1 participation in1 or recommendations involving the taskforce1 as required under this section4 7f7 ,termination ,the taskforce shall terminate on the date that is #ij days after the date on which the taskforce submits to ,congress the report prepared under subsection 7d71 as required under paragraph 7#c7 of that subsection4 #c4 ,,fcc notice provision ,section #ac7;d77#b7 of the ,pallone-,thune ,,traced ,act 7,public ,law #aaf-aje7 is amended by striking annually and inserting once every #c years4 #d4 ,robocall ,mitigation ,database 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,robocall ,mitigation ,database ,the term ,robocall ,mitigation ,database has the meaning given the term in section #fd4fcjj of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,unlawful robocall ,the term unlawful robocall has the meaning given the term in section #b7;a74 7b7 ,bond requirement 7#a7 ,in general ,the ,commission shall issue rules to require that1 subject to the other provisions of this section1 before a provider may file a certification to the ,robocall ,mitigation ,database1 the provider shall post a bond in an amount that is not more than #ajj1jjj1 if the ,commission determines that posting such a bond is necessary to preserve the integrity of the ,robocall ,mitigation ,database4 7#b7 ,excepted providers 7,a7 ,in general ,in issuing rules under paragraph 7#a71 the ,commission shall establish criteria to exempt a provider from the requirement to post a bond described in that paragraph if that requirement1 as applied to the provider1 is not necessary to deter unlawful robocall activity4 7,b7 ,considerations ,in establishing criteria under subparagraph 7,a71 the ,commission shall require consideration of whether a provider-- 7i7 is registered with the ,commission under section #fd4aaie of title #dg1 ,code of ,federal ,regulations 7or any successor regulation7 and makes contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d772 7ii7 holds a certificate of authority1 license1 or registration with a ,state public utility commission2 7iii7 is an issuer1 the securities of which are listed on a national securities exchange2 and 7iv7 otherwise presents indicia of being a bona fide1 established communications service provider1 such that requiring the provider to post a bond under paragraph 7#a7 would impose unnecessary burdens without materially improving enforcement of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg74 7c7 ,implementation ,in implementing this section1 the ,commission shall-- 7#a7 require the posting of a bond under subsection 7b77#a7 from providers that do not demonstrate-- 7,a7 legitimate1 ongoing operations2 7,b7 regulatory oversight sufficient to ensure accountability2 or 7,c7 the ability to pay fines or forfeitures imposed by the ,commission or other governmental enforcement authorities with respect to violations of ,federal or ,state laws or regulations2 7#b7 establish categorical exemptions for identifiable classes of legitimate providers that satisfy the criteria established under subsection 7b77#b72 and 7#c7 minimize administrative and financial burdens on compliant1 established1 and regulated providers while ensuring effective enforcement of section #bbg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg74 #e4 ,registered consortium conducting private-led efforts to trace back the origin of suspected unlawful robocalls 7a7 ,immunity for receiving1 sharing1 and publishing trace back information ,section #ac7;d7 of the ,pallone-,thune ,,traced ,act 7,public ,law #aaf-aje2 #acc ,stat4 #cbhg7 is amended by adding at the end the following3 7#c7 ,immunity for receiving1 sharing1 and publishing trace back information 7,a7 ,definition ,in this paragraph1 the term covered information-- 7i7 means information regarding suspected-- 7,i7 fraudulent1 abusive1 or unlawful robocalls2 7,,ii7 illegally spoofed calls2 and 7,,iii7 other illegal calls2 and 7ii7 includes-- 7,i7 call detail records of calls described in clause 7i72 7,,ii7 the names of1 and other identifying information concerning1 the voice service providers that originated1 carried1 routed1 and transmitted calls described in clause 7i72 and 7,,iii7 information about the entities that made calls described in clause 7i71 including any contact information of individuals that such an entity provided to the voice service provider that originated the call4 7,b7 ,trace back immunity ,no cause of action shall lie or be maintained in any court against the registered consortium for receiving1 sharing1 or publishing covered information or information derived from covered information4 4 7b7 ,publication of list of voice service providers ,section #ac7;e7 of the ,pallone-,thune ,,traced ,act 7,public ,law #aaf-aje2 #acc ,stat4 #cbhh7 is amended to read as follows3 7e7 ,list of voice service providers 7#a7 ,publication of list ,the ,commission1 or the registered consortium in consultation with the ,commission1 may publish a list of voice service providers based on-- 7,a7 information obtained by the consortium about voice service providers that refuse to participate in private-led efforts to trace back the origin of suspected unlawful robocalls2 and 7,b7 other information the ,commission or the consortium may collect about voice service providers that are found to originate or transmit substantial amounts of unlawful robocalls4 7#b7 ,enforcement ,the ,commission may take enforcement action based on the information described in paragraph 7#a74 4