[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5747 Introduced in House (IH)]







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.
                                 <all>