Foreign Robocall Elimination Act

The threshold for triggering a vote on taskforce appointments was lowered from 'not fewer than 2 commissioners' to just 'a commissioner' (one), and the exception that suspended the vote requirement during vacancies lasting more than 180 days was removed. This makes it easier for individual commissioners to challenge appointments.

A new section requires the FCC to issue rules requiring providers to post a bond of up to $100,000 before filing a certification to the Robocall Mitigation Database, if the FCC determines it is necessary to preserve the database's integrity. Providers may be exempted if they are registered with the FCC and contribute to the universal service fund, hold state public utility authorization, are listed on a national securities exchange, or otherwise demonstrate they are bona fide established providers.

A new section grants the registered consortium immunity from lawsuits for receiving, sharing, or publishing 'covered information' about suspected unlawful robocalls, including call detail records, provider names, and entity contact information. This protects the consortium from legal challenges when it shares trace back findings.

The FCC (or the consortium in consultation with the FCC) may now publish a list of voice service providers that refuse to participate in private-led trace back efforts or that originate or transmit substantial amounts of unlawful robocalls. The FCC may also take enforcement action based on that information.

The FCC notice provision under section 13(d)(2) of the TRACED Act was changed from requiring annual notices to notices once every 3 years, reducing the reporting frequency.

The taskforce report requirements were expanded with two new items: (P) an evaluation of whether periodic public disclosure of trace back results would impact the integrity and effectiveness of the trace back process, considering eight specific factors including revealing investigative methods, exposing proprietary information, enabling robocallers to adapt tactics, and improving blocking efforts; and (Q) an examination of mechanisms for improving compliance with TRACED Act sections 6 and 7.