I 111th CONGRESS 2d Session H. R. 4641 IN THE HOUSE OF REPRESENTATIVES February 22, 2010 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 Judiciary A BILL To amend title 18, United States Code, to prohibit the making of political robocalls during certain periods, and for other purposes.

1.

Short title

This Act may be cited as the Robocall Privacy Act of 2010.

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.

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:

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— (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; or (2)to the same telephone number more than twice on the same day, shall be fined under this title.(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— (1)discloses 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; and (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, (c)

Definitions

For purposes of this section, the following definitions apply: (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). (2)

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. (3)

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.

. (b)

Clerical Amendment

The table of sections for chapter 29 of such title is amended by adding at the end the following: 612. Political robocalls. .

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.