HR 5747
110th CONGRESS
2d Session
H. R. 5747
To amend the Federal Election Campaign Act of 1971 to restrict political
robocalls, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 9, 2008
Ms. ZOE LOFGREN of California (for herself, Mr. CAMPBELL of California, Ms.
BEAN, and Mr. GRIJALVA) introduced the following bill; which was referred
to the Committee on House Administration
A BILL
To amend the Federal Election Campaign Act of 1971 to restrict political
robocalls, and for other purposes.
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 `Robocall Privacy Act of 2008'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Abusive political robocalls harass voters and discourage them from participating
in the political process.
(2) Abusive political robocalls infringe on the privacy rights of individuals
by disturbing them in their homes.
SEC. 3. REGULATION OF POLITICAL ROBOCALLS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
is amended by adding at the end the following:
`REGULATION OF POLITICAL ROBOCALLS
`Sec. 325. (a) Restrictions on Making Political Robocalls- It shall be unlawful
for any person during the specified period to make a political robocall or
to cause a political robocall to be made--
`(1) to any person during the period beginning at 9 p.m. and ending at 8
a.m. in the place which the call is directed;
`(2) to the same telephone number more than twice on the same day;
`(3) without disclosing, at the beginning of the call--
`(A) that the call is a recorded message; and
`(B) the name of the sponsor or originator of the call; or
`(4) without transmitting the telephone number and the name of the person
making the political robocall or causing the political robocall to be made
to the caller identification service of the recipient.
`(b) Definitions- For purposes of this section, the following definitions
apply:
`(1) POLITICAL ROBOCALL- The term `political robocall' means any outbound
telephone call--
`(A) in which a person is not available to speak with the person answering
the call, and the call instead plays a recorded message; and
`(B) which promotes, supports, attacks, or opposes a candidate for Federal
office.
`(2) SPECIFIED PERIOD- The term `specified period' means, with respect to
any candidate who is promoted, supported, attacked, or opposed in a political
robocall--
`(A) the 60-day period ending on the date of any general, special, or
run-off election for the office sought by such candidate; and
`(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.'.
SEC. 4. ENFORCEMENT.
(a) Special Rules for Enforcement of Restrictions on Political Robocalls-
Section 309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a))
is amended by adding at the end the following:
`(13) In the case of any violation of section 325 (relating to making, or
causing to be made, a political robocall), the amount of any civil penalty
applicable under this section shall be not greater than $1,000 for each such
violation, or not greater than 300 percent of such amount in the case of a
knowing and willful violation.'.
(b) Conforming Amendment- Section 307(e) of such Act (2 U.S.C. 437d(e)) is
amended by striking `section 309(a)(8)' and inserting `sections 309(a)(8)
and (a)(13)'.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of the enactment
of this Act, except that section 325 of the Federal Election Campaign Act
of 1971 (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.
END
