[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1383 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1383

  To amend title 18, United States Code, to provide penalties for the 
                          misuse of robocalls.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2007

Ms. Zoe Lofgren of California introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to provide penalties for the 
                          misuse of robocalls.

    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 ``The Quelling of Unwanted Intrusive 
and Excessive Telephone Calls Act of 2007''.

SEC. 2. PREVENTING MISUSE OF TELEPHONIC COMMUNICATIONS.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 103 the following:

           ``CHAPTER 104--MISUSE OF TELEPHONIC COMMUNICATIONS

``Sec.
``2141. Misuse of automated telephone equipment.
``2142. Definitions for chapter.
``Sec. 2141. Misuse of automated telephone equipment
    ``(a) Offense.--
            ``(1) In general.--Whoever knowingly initiates a telephone 
        call (other than a call made for emergency purposes or made 
        with the prior express consent of the called party) using an 
        automatic telephone dialing system or an artificial or 
        prerecorded voice--
                    ``(A) so that it is received during the period 
                beginning at 9 pm and ending 9 am in the place which 
                the call is directed; or
                    ``(B) without disclosing at the beginning of the 
                call the identity of the sponsor, endorser, or 
                originator of the call,
        shall be fined under this title or imprisoned not more than 1 
        year, or both.
            ``(2) Elections for federal office.--Whoever knowingly uses 
        an automatic telephone dialing system or an artificial or 
        prerecorded voice to deceive any person regarding--
                    ``(A) the time, place, or manner of an election for 
                Federal office;
                    ``(B) the qualifications for or restriction on 
                voter eligibility for an election for Federal office;
                    ``(C) the political party affiliation of any 
                candidate running in an election for Federal office; or
                    ``(D) the sponsor, endorser, or originator of a 
                telephone call initiated using an automatic telephone 
                dialing system or using an artificial or prerecorded 
                voice,
        shall be fined under this title or imprisoned not more than 1 
        year, or both.
    ``(b) Minimum Penalty for Multiple Call Violations.--If the offense 
under this section involves 100 or more telephone calls, the sentence 
imposed under subsection (a) for that offense shall include 
imprisonment for not less than 30 days.
    ``(c) Civil Action.--The chief law enforcement officer of a State 
or a general purpose political subdivision of a State may in a civil 
action, obtain injunctive and declaratory relief with respect to a 
violation of this section that affects the residents of that State or 
political subdivision.
``Sec. 2142. Definitions for chapter
    ``As used in this chapter--
            ``(1) the term `automatic telephone dialing system' has the 
        meaning given that term in section 227 of the Communications 
        Act of 1934; and
            ``(2) the terms `election' and `Federal office' have, 
        respectively, the meanings given those terms in section 431 of 
        the Federal Election Campaign Act of 1971.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 103 the following new item:

``104. Misuse of Telephonic Communications..................   2141.''.
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