S. 2666, Foreign Robocall Elimination Act

S. 2666 would require the Federal Communications Commission (FCC), in coordination with the Federal Trade Commission (FTC) and Department of Justice (DOJ), to establish a taskforce on unlawful robocalls. That taskforce would report to the Congress on the most effective ways to combat unlawful robocalls. The bill also would direct the FCC to issue rules requiring certain voice service providers to post a bond—of up to $100,000, as determined by the commission—before those providers certify to the Robocall Mitigation Database that they are implementing measures to mitigate unlawful robocalls. Under current law, providers must provide such certifications annually.

Based on information from the FCC, CBO expects that the commission would establish the specific conditions under which a bond would be required and that providers failing to meet those conditions could forfeit the bond. Any forfeited payments would be deposited in the general fund of the Treasury and recorded as increases in revenues. CBO expects the number of affected providers would be small and the likelihood of forfeiture would be low; thus, we estimate that any increase in revenues would be insignificant over the 2026–2036 period.

Using information from the agencies, CBO estimates that the costs for the FCC, FTC, and DOJ to implement S. 2666 would be insignificant over the 2026-2031 period. Because the FCC is authorized to collect fees each year sufficient to offset the appropriated costs of its regulatory activities, CBO estimates that the net cost to the FCC would be negligible, assuming appropriation actions consistent with that authority. Any related spending for the FTC and DOJ would be subject to the availability of appropriated funds.

S. 2666 contains private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). CBO cannot determine whether the aggregate costs of those mandates would exceed the threshold established in UMRA ($214 million in 2026, adjusted annually for inflation).

Under current law, a consortium of private-sector entities is registered with the FCC to conduct efforts to trace back the origin of suspected unlawful robocalls. S. 2666 would grant the consortium immunity from prosecution for publishing information on suspected fraudulent, abusive, or unlawful robocalls. The bill would impose a private-sector mandate by limiting a right of action of a private entity that could otherwise seek redress or recover damages for the sharing or publishing of such information. CBO has no basis to estimate the number of possible lawsuits or related awards that would be precluded by the bill and cannot predict the amount of potential foregone damages. Therefore, CBO cannot determine whether the cost of the mandate would exceed the annual threshold established in UMRA for private-sector mandates.

S. 2666 also would impose a private-sector mandate on certain communication providers by requiring them to post a bond up to $100,000 before filing certifications to the Robocall Mitigation Database. Because the FCC has yet to establish the exemptions, conditions, and terms of the new bond, CBO cannot determine whether the cost of the mandate would exceed the annual threshold established in UMRA for private-sector mandates.

Finally, the bill would increase the cost of an existing private-sector mandate if the FCC increases annual fee collections to offset the costs of implementing provisions in S. 2666. CBO estimates that the incremental cost of the mandate would be small and would fall well below the annual threshold established in UMRA for private-sector mandates.

S. 2666 contains no intergovernmental mandates as defined in UMRA.

The CBO staff contacts for this estimate are David Hughes (for federal costs) and Rachel Austin (for mandates). The estimate was reviewed by H. Samuel Papenfuss, Deputy Director of Budget Analysis.