[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3149 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3149

   To modify the penalties for violations of the Telephone Consumer 
                        Protection Act of 1993.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2018

Ms. Cortez Masto (for herself, Mr. Schumer, Mrs. McCaskill, Ms. Hassan, 
and Ms. Klobuchar) introduced the following bill; which was read twice 
 and referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To modify the penalties for violations of the Telephone Consumer 
                        Protection Act of 1993.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deter Obnoxious, Nefarious, and 
Outrageous Telephone Calls Act of 2018'' or the ``DO NOT Call Act''.

SEC. 2. PENALTIES FOR VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION 
              ACT OF 1993.

    (a) Criminal Penalties.--
            (1) In general.--Section 227 of the Communications Act of 
        1934 (47 U.S.C. 227) is amended by adding at the end the 
        following:
    ``(i) Criminal Penalties.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        person who willfully and knowingly violates this section shall 
        be imprisoned for not more than 1 year, fined under title 18, 
        United States Code, or both.
            ``(2) Aggravated offense.--Any person who willfully and 
        knowingly violates this section shall be imprisoned for not 
        more than 3 years, fined under title 18, United States Code, or 
        both if--
                    ``(A) the person has previously been convicted 
                under this subsection;
                    ``(B) the offense involved initiating more than--
                            ``(i) 100,000 calls in a 24-hour period;
                            ``(ii) 1,000,000 calls in a 30-day period; 
                        or
                            ``(iii) 10,000,000 calls in a 1-year 
                        period;
                    ``(C) the person committed the offense with the 
                intent to use the calls in furtherance of a felony or 
                conspiracy to commit a felony; or
                    ``(D) the offense caused loss to 1 or more persons 
                aggregating $5,000 or more in value during any 1-year 
                period.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `call' includes a message or other 
                communication; and
                    ``(B) the term `initiate', with respect to a call, 
                includes the act of sending, making, or transmitting a 
                call, message, or other communication, as 
                applicable.''.
            (2) Technical and conforming amendment.--Section 
        227(e)(5)(B) of the Communications Act of 1934 (47 U.S.C. 
        227(e)(5)(B)) is amended, in the second sentence, by striking 
        ``section 501'' and inserting ``subsection (i)''.
    (b) Increased Penalties for Provision of Inaccurate Caller 
Identification Information.--Section 227(e)(5) of the Communications 
Act of 1934 (47 U.S.C. 227(e)(5)) is amended--
            (1) in subparagraph (A)(i), by striking ``$10,000'' and 
        inserting ``$20,000''; and
            (2) in subparagraph (B), in the first sentence, by striking 
        ``$10,000'' and inserting ``$20,000''.
                                 <all>