HR 4641 IHCommentsClose CommentsPermalink

To amend title 18, United States Code, to prohibit the making of political robocalls during certain periods, and for other purposes.CommentsClose CommentsPermalink

February 22, 2010CommentsClose CommentsPermalink

Ms. ZOE LOFGREN of California (for herself, Mr. CAMPBELL, Mr. FRANK of Massachusetts, Ms. BEAN, Mr. FILNER, and Mrs. NAPOLITANO) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend title 18, United States Code, to prohibit the making of political robocalls during certain periods, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Robocall Privacy Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) Abusive political robocalls harass voters and discourage them from participating in the political process.CommentsClose CommentsPermalink





(2) Abusive political robocalls infringe on the privacy rights of individuals by disturbing them in their homes.CommentsClose CommentsPermalink

SEC. 3. BAN ON CERTAIN POLITICAL ROBOCALLS.

(a) Criminal Penalty- Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 612. Political robocalls

‘(a) Ban on Making Certain Political Robocalls- Whoever during the specified period knowingly makes or causes to be made a political robocall--CommentsClose CommentsPermalink





‘(1) to any person during the period beginning at 9 p.m. and ending at 8 a.m. in the place to which the call is directed; orCommentsClose CommentsPermalink





‘(2) to the same telephone number more than twice on the same day,CommentsClose CommentsPermalink





shall be fined under this title.CommentsClose CommentsPermalink





‘(b) Exception for Calls Disclosing Certain Information- Subsection (a) shall not apply with respect to a political robocall if the person making or causing the political robocall to be made--CommentsClose CommentsPermalink





‘(1) discloses at the beginning of the call--CommentsClose CommentsPermalink





‘(A) that the call is a recorded message; andCommentsClose CommentsPermalink





‘(B) the name of the sponsor or originator of the call; andCommentsClose CommentsPermalink





‘(2) transmits the telephone number and the name of the person making the political robocall or causing the political robocall to be made visible to the caller identification service of the recipient,CommentsClose CommentsPermalink





‘(c) Definitions- For purposes of this section, the following definitions apply:CommentsClose CommentsPermalink





‘(1) ELECTION; FEDERAL OFFICE- The terms ‘election’ and ‘Federal office’ have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431).CommentsClose CommentsPermalink





‘(2) POLITICAL ROBOCALL- The term ‘political robocall’ means any outbound telephone call--CommentsClose CommentsPermalink





‘(A) in which a person is not available to speak with the person answering the call, and the call instead plays a recorded message; andCommentsClose CommentsPermalink





‘(B) which promotes, supports, attacks, or opposes a candidate for Federal office.CommentsClose CommentsPermalink





‘(3) SPECIFIED PERIOD- The term ‘specified period’ means, with respect to any candidate who is promoted, supported, attacked, or opposed in a political robocall--CommentsClose CommentsPermalink





‘(A) the 60-day period ending on the date of any general, special, or run-off election for the office sought by such candidate; andCommentsClose CommentsPermalink





‘(B) the 30-day period ending on the date of any primary or preference election, or any convention or caucus of a political party that has authority to nominate a candidate, for the office sought by such candidate.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 29 of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





‘612. Political robocalls.’.CommentsClose CommentsPermalink

SEC. 4. EFFECTIVE DATE.

The amendments made by this Act shall take effect on the date of the enactment of this Act, except that section 612 of title 18, United States Code (as added by section 3), shall not apply with respect to any political robocall described in such section which is made or caused to be made prior to the date of the enactment of this Act.CommentsClose CommentsPermalink