[Congressional Record Volume 166, Number 5 (Thursday, January 9, 2020)]
[Senate]
[Pages S102-S103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                               TRACED Act

  Madam President, it is safe to say that pretty much every American 
has been subjected to annoying and illegal robocalls. Who hasn't picked 
up the phone to discover it is an automated message telling you that 
you have won a trip to the Bahamas, which you can secure by passing 
along your credit card information, or asking for important banking 
information so your account won't be closed?
  These calls are a major nuisance, and too often they are more than a 
nuisance. Every day, vulnerable Americans fall prey to ever more 
sophisticated scammers and have money or their identities stolen. 
Individuals who fall prey to scammers can spend months or years 
struggling to get their lives back.
  I have been working on the issue of robocalls for several years now, 
first as chairman of the Senate Commerce Committee and now as chairman 
of the Commerce Subcommittee on Communications, Technology, Innovation, 
and the Internet.
  I worked with Senator Markey to lobby the Federal Communications 
Commission to create a single, comprehensive database of reassigned 
telephone numbers so that legal callers could avoid contacting people 
who hadn't signed up for messages.
  I have spent a lot of time examining ways to discourage illegal 
robocalling. While Commerce Committee chairman, I held a hearing with 
notorious mass robocaller Adrian Abramovich. His testimony made clear 
that current penalties for illegal robocallers were not sufficient. 
Illegal robocallers have been building the cost of fines into their 
activities, and so far, there has been no effective mechanism for 
criminal prosecution.
  Based upon Abramovich's testimony and testimony from Federal 
enforcers, I developed the Telephone Robocall Abuse Criminal 
Enforcement and Deterrence Act, or what we call the TRACED Act, along 
with Senator Markey. At the end of December, the President signed our 
bill into law. The TRACED Act provides tools to discourage illegal 
robocalls, protect consumers, and crack down on offenders.
  As I mentioned earlier, criminal prosecution of illegal robocallers 
can be difficult. Scammers are frequently based abroad and can quickly 
shut down shop before authorities can get to them. I believe we need to 
make sure there is a credible threat of criminal prosecution and prison 
for those who use robocalls to prey upon the elderly and other 
vulnerable Americans. To that end, the TRACED Act convenes a working 
group with representatives from the Department of Justice, the Federal 
Communications Commission, the Consumer Financial Protection Bureau, 
State attorneys general, and others to identify ways to criminally 
prosecute illegal robocalling.
  In the meantime, it expands the window in which the Federal 
Communications Commission can pursue

[[Page S103]]

scammers and levy fines from 1 year to 4 years. The bill also makes it 
easier for your cell phone carrier to lawfully block calls that aren't 
properly authenticated, which will ultimately help stop scammers from 
getting through to your phone. The TRACED Act also tackles the issue of 
spoofed calls--where scammers make the call appear as if it is coming 
from a known number. TRACED addresses the issue of one-ring scams, 
where international scammers try to get individuals to return their 
calls so they can charge them exorbitant fees.
  The bill directs the Federal Communications Commission to convene a 
working group to address the problem of illegal robocalls being made to 
hospitals. There are too many stories of hospital telephone lines being 
flooded with robocalls, disrupting critical lines of communication for 
hours.
  Will the TRACED Act completely solve the problem of illegal 
robocalls? No. But it will go a long way toward making it safe to 
answer your phone again, and it will help ensure those who exploit 
vulnerable individuals face punishment for their actions.
  I am grateful to Senator Markey for partnering with me on this 
legislation. The Washington Post praised the TRACED Act as an example 
of ``good old-fashioned legislating.''
  I am proud of the strong bipartisan support it received in both 
Houses of Congress. I look forward to monitoring the implementation of 
the TRACED Act and continuing to work to protect Americans from illegal 
and abusive robocalls.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. PETERS. Madam President, I ask unanimous consent that Senator 
Johnson and I be able to complete our remarks prior to the cloture 
vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.