,,ii #aacth ,,congress #b;d ,session ,s4 #aiei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bg1 #bjad,mr4 ,schumer introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to criminalize the knowing use of commercial robocalls without the prior express written consent of the recipient1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,quell ,unnecessary1 ,intentional1 and ,encroaching ,telephone ,calls ,act of #bjad or the ,,quiet ,act4 #b4 ,commercial robocalls 7a7 ,in general ,chapter #aac;,a of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bcbh4 ,commercial robocalls 7a7 ,definitions ,in this section-- 7#a7 the term automatic telephone dialing system has the meaning given the term in section #bbg7;a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;a772 7#b7 the term commercial robocall means a telephone call made for the purpose of soliciting or encouraging the purchase or rental of1 or investment or enrollment in1 property1 goods1 or services1 using an automatic telephone dialing system or an artificial or prerecorded voice2 7#c7 the term prior express written consent means1 with respect to the recipient of a commercial robocall1 an agreement in writing that-- 7,a7 includes the signature of the recipient2 7,b7 clearly authorizes the seller to initiate or cause to be initiated to the recipient a commercial robocall2 7,c7 includes the telephone number to which the recipient authorizes the commercial robocall to be initiated2 and 7,d7 includes a clear and conspicuous disclosure informing the recipient that-- 7i7 by executing the agreement1 the recipient authorizes the seller to initiate or cause to be initiated to the recipient a commercial robocall2 and 7ii7 the recipient is not required to sign the agreement1 directly or indirectly1 or agree to enter into the agreement as a condition of purchasing1 renting1 investing in1 or enrolling in any property1 goods1 or services2 7#d7 the term seller means the person on whose behalf a commercial robocall is initiated2 and 7#e7 the term signature includes an electronic or digital form of signature1 to the extent that the form of signature is recognized as a valid signature under applicable ,federal law or ,state contract law4 7b7 ,prohibition 7#a7 ,in general ,it shall be unlawful for a person within the ,united ,states1 or a person outside the ,united ,states if the recipient is within the ,united ,states1 to knowingly initiate a commercial robocall without the prior express written consent of the recipient4 7#b7 ,exemptions ,paragraph 7#a7 shall not apply to a telephone call-- 7,a7 that is made for emergency purposes2 7,b7 that is made by or on behalf of a tax-exempt nonprofit organization2 7,c7 7i7 that is made by a provider of commercial mobile radio service1 as that term is defined in section #bj4c of title #dg1 ,code of ,federal ,regulations1 or any successor thereto1 to subscribers of the service2 and 7ii7 for which the subscribers described in clause 7i7 are not charged2 or 7,d7 that delivers a message relating to health care made by1 or on behalf of1 a covered entity or a business associate of a covered entity1 as those terms are defined in section #afj4ajc of title #de1 ,code of ,federal ,regulations1 or any successor thereto4 7c7 ,criminal penalties ,any person who violates this section shall be fined not more than #bj1jjj per violation1 imprisoned for not more than #aj years1 or both4 4 7b7 ,technical and conforming amendments ,part ,i of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the chapter analysis1 by striking the item relating to chapter #aac;,a and inserting the following3 #aac;,a4,telemarketing#bcbe 2 and 7#b7 in chapter #aac;,a-- 7,a7 in the chapter heading1 by striking fraud2 and 7,b7 in the table of sections1 by adding at the end the following3 #bcbh4 ,commercial robocalls4 4