II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Robocall Privacy Act 

5 of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Abusive political robocalls harass voters and 

9 discourage them from participating in the political 

10 process. 


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1 (2) Abusive political robocalls infringe on the 

2 privacy rights of individuals by disturbing them in 

3 their homes. 

4 SEC. 3. DEFINITIONS. 

5 For purposes of this Act— 

6 (1) POLITICAL ROBOCALL.—The term ‘‘political 

7 robocall’’ means any outbound telephone call— 

8 (A) in which a person is not available to 

9 speak with the person answering the call, and 

10 the call instead plays a recorded message; and 

11 (B) which promotes, supports, attacks, or 

12 opposes a candidate for Federal office. 

13 (2) IDENTITY.—The term ‘‘identity’’ means, 

14 with respect to any individual making a political 

15 robocall or causing a political robocall to be made, 

16 the name of the sponsor or originator of the call. 

17 (3) SPECIFIED PERIOD.—The term ‘‘specified 

18 period’’ means, with respect to any candidate for 

19 Federal office who is promoted, supported, attacked, 

20 or opposed in a political robocall— 

21 (A) the 60-day period ending on the date 

22 of any general, special, or run-off election for 

23 the office sought by such candidate; and 

24 (B) the 30-day period ending on the date 

25 of any primary or preference election, or any 


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1 convention or caucus of a political party that 

2 has authority to nominate a candidate, for the 

3 office sought by such candidate. 

4 (4) OTHER DEFINITIONS.—The terms ‘‘can5 didate’’ and ‘‘Federal office’’ have the respective 

6 meanings given such terms under section 301 of the 

7 Federal Election Campaign Act of 1971 (2 U.S.C. 

8 431). 

9 SEC. 4. REGULATION OF POLITICAL ROBOCALLS. 

10 It shall be unlawful for any person during the speci11 fied period to make a political robocall or to cause a polit12 ical robocall to be made— 

13 (1) to any person during the period beginning 

14 at 9 p.m. and ending at 8 a.m. in the place which 

15 the call is directed; 

16 (2) to the same telephone number more than 

17 twice on the same day; 

18 (3) without disclosing, at the beginning of the 

19 call— 

20 (A) that the call is a recorded message; 

21 and 

22 (B) the identity of the person making the 

23 call or causing the call to be made; or 

24 (4) without transmitting the telephone number 

25 and the name of the person making the political 


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1 robocall or causing the political robocall to be made 

2 to the caller identification service of the recipient. 

3 SEC. 5. ENFORCEMENT. 

4 (a) ENFORCEMENT BY FEDERAL ELECTION COMMIS5 SION.— 

6 (1) IN GENERAL.—Any person aggrieved by a 

7 violation of section 4 may file a complaint with the 

8 Federal Election Commission under rules similar to 

9 the rules under section 309(a) of the Federal Elec10 tion Campaign Act of 1971 (2 U.S.C. 437g(a)). 

11 (2) CIVIL PENALTY.— 

12 (A) IN GENERAL.—If the Federal Election 

13 Commission or any court determines that there 

14 has been a violation of section 4, there shall be 

15 imposed a civil penalty of not more than $1,000 

16 per violation. 

17 (B) WILLFUL VIOLATIONS.—In the case 

18 the Federal Election Commission or any court 

19 determines that there has been a knowing or 

20 willful violation of section 4, the amount of any 

21 civil penalty under subparagraph (A) for such 

22 violation may be increased to not more than 

23 300 percent of the amount under subparagraph 

24 (A). 


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1 (b) PRIVATE RIGHT OF ACTION.—Any person may 

2 bring in an appropriate district court of the United States 

3 an action based on a violation of section 4 to enjoin such 

4 violation without regard to whether such person has filed 

5 a complaint with the Federal Election Commission. 

Æ 


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