[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1355 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1355

                    To regulate political robocalls.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2011

 Mrs. Feinstein (for herself and Mr. Durbin) introduced the following 
 bill; which was read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 A BILL


 
                    To regulate political 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 ``Robocall Privacy Act of 2011''.

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. DEFINITIONS.

    For purposes of this Act--
            (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) Identity.--The term ``identity'' means, with respect to 
        any individual making a political robocall or causing a 
        political robocall to be made, the name of the sponsor or 
        originator of the call.
            (3) Specified period.--The term ``specified period'' means, 
        with respect to any candidate for Federal office 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.
            (4) Other definitions.--The terms ``candidate'' and 
        ``Federal office'' have the respective meanings given such 
        terms under section 301 of the Federal Election Campaign Act of 
        1971 (2 U.S.C. 431).

SEC. 4. REGULATION OF 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 identity of the person making the call or 
                causing the call to be made; 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.

SEC. 5. ENFORCEMENT.

    (a) Enforcement by Federal Election Commission.--
            (1) In general.--Any person aggrieved by a violation of 
        section 4 may file a complaint with the Federal Election 
        Commission under rules similar to the rules under section 
        309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
        437g(a)).
            (2) Civil penalty.--
                    (A) In general.--If the Federal Election Commission 
                or any court determines that there has been a violation 
                of section 4, there shall be imposed a civil penalty of 
                not more than $1,000 per violation.
                    (B) Willful violations.--In the case the Federal 
                Election Commission or any court determines that there 
                has been a knowing or willful violation of section 4, 
                the amount of any civil penalty under subparagraph (A) 
                for such violation may be increased to not more than 
                300 percent of the amount under subparagraph (A).
    (b) Private Right of Action.--Any person may bring in an 
appropriate district court of the United States an action based on a 
violation of section 4 to enjoin such violation without regard to 
whether such person has filed a complaint with the Federal Election 
Commission.
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