II 116th CONGRESS 1st Session S. 1239 IN THE SENATE OF THE UNITED STATES April 30, 2019 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission to establish within the Enforcement Bureau of the Commission a division that specifically addresses the issue of robocalls, and for other purposes.

1. Short title This Act may be cited as the Regulatory Oversight Barring Obnoxious Calls and Texts Act of 2019 or the ROBO Calls and Texts Act . 2. Robocall Division in FCC Enforcement Bureau (a) Establishment Not later than 1 year after the date of the enactment of this Act, the Commission shall establish within the Enforcement Bureau of the Commission a division, to be known as the Robocall Division , that specifically addresses the issue of robocalls. (b) Responsibilities The Division shall have the following responsibilities: (1) Ensure consumer protection and compliance with Federal laws relating to public safety and robocalls. (2) Serve as a line of communication between the Federal Government and the communications industry to coordinate efforts to combat robocalls on both sides. (3) Actively manage consumer complaints regarding robocalls and address those complaints in a timely manner. (4) Serve as a line of communication between the Commission and other related Federal agencies, including the Federal Bureau of Investigation, the Consumer Financial Protection Bureau, the Federal Trade Commission, the Department of Justice, and the Treasury Inspector General for Tax Administration, regarding the issue of robocalls. (5) Any other responsibility that the Commission determines— (A) is necessary to prevent robocalls; and (B) does not unnecessarily— (i) block benign calls or text messages; or (ii) complicate the user experience. 3. Other FCC responsibilities relating to robocalls (a) Technological standards (1) In general Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations under section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ) that compel telecommunications providers to adopt technological standards to prevent robocalls. (2) Updates The Commission shall periodically update the regulations promulgated under paragraph (1) as the Commission considers appropriate. (b) Research The Commission shall dedicate a portion of the staff of the Commission to conducting research that— (1) advances technology to prevent robocalls; (2) investigates technology that facilitates the origination of robocalls; and (3) otherwise assists the Division in carrying out its responsibilities under section 2(b). (c) Educational resources and materials The Commission shall develop, and provide to the general public, educational resources and materials that inform users of a voice service or text messaging service of the risks associated with robocalls. 4. Definitions In this Act: (1) Commission The term Commission means the Federal Communications Commission. (2) Division The term Division means the Robocall Division established under section 2(a). (3) Robocall The term robocall means a call made (including a text message sent)— (A) using equipment that makes a series of calls to stored telephone numbers, including numbers stored on a list, or to telephone numbers produced using a random or sequential number generator, except for a call made using only equipment that the caller demonstrates requires substantial additional human intervention to dial or place a call after a human initiates the series of calls; or (B) using an artificial or prerecorded voice.