ROBO Calls and Texts Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2355 To require the Federal Communications Commission to establish within the Enforcement Bureau of the Commission a division that specifically ad- dresses the issue of robocalls, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 25, 2019 Ms. ESHOO introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Federal Communications Commission to es- tablish within the Enforcement Bureau of the Commis- sion a division that specifically addresses the issue of robocalls, 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. SHORT TITLE. 3 This Act may be cited as the ‘‘Regulatory Oversight 4 Barring Obnoxious Calls and Texts Act of 2019’’ or the 5 ‘‘ROBO Calls and Texts Act of 2019’’. 6 VerDate Sep 11 2014 20:29 Apr 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2355.IH H2355 jbell on DSK3GLQ082PROD with BILLS 2 •HR 2355 IH SEC. 2. ROBOCALL DIVISION IN FCC ENFORCEMENT BU- 1 REAU. 2 (a) ESTABLISHMENT.—Not later than 1 year after 3 the date of the enactment of this Act, the Commission 4 shall establish within the Enforcement Bureau of the 5 Commission a division, to be known as the ‘‘Robocall Divi- 6 sion’’, that specifically addresses the issue of robocalls. 7 (b) RESPONSIBILITIES.—The Division shall have the 8 following responsibilities: 9 (1) Ensure consumer protection and compliance 10 with Federal laws relating to public safety and 11 robocalls. 12 (2) Serve as a line of communication between 13 the Federal Government and the communications in- 14 dustry to coordinate efforts to combat robocalls on 15 both sides. 16 (3) Actively manage consumer complaints re- 17 garding robocalls and address those complaints in a 18 timely manner. 19 (4) Serve as a line of communication between 20 the Commission and other related Federal agencies, 21 including the Federal Bureau of Investigation, the 22 Bureau of Consumer Financial Protection, the Fed- 23 eral Trade Commission, the Department of Justice, 24 and the Treasury Inspector General for Tax Admin- 25 istration, regarding the issue of robocalls. 26 VerDate Sep 11 2014 23:27 Apr 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2355.IH H2355 jbell on DSK3GLQ082PROD with BILLS 3 •HR 2355 IH (5) Any other responsibility that the Commis- 1 sion determines— 2 (A) is necessary to prevent robocalls; and 3 (B) does not unnecessarily— 4 (i) block benign calls or text mes- 5 sages; or 6 (ii) complicate the user experience. 7 SEC. 3. OTHER FCC RESPONSIBILITIES RELATING TO 8 ROBOCALLS. 9 (a) TECHNOLOGICAL STANDARDS.—Not later than 10 90 days after the date of the enactment of this Act, the 11 Commission shall promulgate regulations under section 12 227 of the Communications Act of 1934 (47 U.S.C. 227) 13 that would compel telecommunications providers to adopt 14 technological standards to prevent robocalls. The Commis- 15 sion shall periodically update such regulations as the Com- 16 mission considers appropriate. 17 (b) RESEARCH.—The Commission shall dedicate a 18 portion of the staff of the Commission to conducting re- 19 search that— 20 (1) advances technology to prevent robocalls; 21 (2) investigates technology that facilitates the 22 origination of robocalls; and 23 (3) otherwise assists the Division in carrying 24 out its responsibilities under section 2(b). 25 VerDate Sep 11 2014 23:27 Apr 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2355.IH H2355 jbell on DSK3GLQ082PROD with BILLS 4 •HR 2355 IH (c) EDUCATIONAL RESOURCES AND MATERIALS.— 1 The Commission shall develop, and provide to the general 2 public, educational resources and materials that inform 3 users of a voice service or text messaging service of the 4 risks associated with robocalls. 5 SEC. 4. DEFINITIONS. 6 In this Act: 7 (1) COMMISSION.—The term ‘‘Commission’’ 8 means the Federal Communications Commission. 9 (2) DIVISION.—The term ‘‘Division’’ means the 10 Robocall Division established under section 2(a). 11 (3) ROBOCALL.—The term ‘‘robocall’’ means a 12 call made (including a text message sent)— 13 (A) using equipment that makes a series of 14 calls to stored telephone numbers, including 15 numbers stored on a list, or to telephone num- 16 bers produced using a random or sequential 17 number generator, except for a call made using 18 only equipment that the caller demonstrates re- 19 quires substantial additional human interven- 20 tion to dial or place a call after a human initi- 21 ates the series of calls; or 22 (B) using an artificial or prerecorded voice. 23 Æ VerDate Sep 11 2014 23:27 Apr 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2355.IH H2355 jbell on DSK3GLQ082PROD with BILLS