H.R. 5747 – Robocall Privacy Act of 2008

110th CONGRESS

2d Session

H. R. 5747

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.

Short title

This Act may be cited as the Robocall Privacy Act of 2008.

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.

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:

325.

Regulation of Political Robocalls

(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.

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).

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.

Robocall Privacy Act of 2008

Legislative Activity

Bill Text