I 

111TH CONGRESS 

2D SESSION H. R. 4641 

To amend title 18, United States Code, to prohibit the making of political 

robocalls during certain periods, and for other purposes. 

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 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 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) Abusive political robocalls harass voters and 

2 discourage them from participating in the political 

3 process. 

4 (2) Abusive political robocalls infringe on the 

5 privacy rights of individuals by disturbing them in 

6 their homes. 

7 SEC. 3. BAN ON CERTAIN POLITICAL ROBOCALLS. 

8 (a) CRIMINAL PENALTY.—Chapter 29 of title 18, 

9 United States Code, is amended by adding at the end the 

10 following new section: 

11 ‘‘§ 612. Political robocalls 

12 ‘‘(a) BAN ON MAKING CERTAIN POLITICAL

13 ROBOCALLS.—Whoever during the specified period know14 ingly makes or causes to be made a political robocall— 

15 ‘‘(1) to any person during the period beginning 

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

17 the call is directed; or 

18 ‘‘(2) to the same telephone number more than 

19 twice on the same day, 

20 shall be fined under this title. 

21 ‘‘(b) EXCEPTION FOR CALLS DISCLOSING CERTAIN

22 INFORMATION.—Subsection (a) shall not apply with re23 spect to a political robocall if the person making or caus24 ing the political robocall to be made— 

25 ‘‘(1) discloses at the beginning of the call— 


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1 ‘‘(A) that the call is a recorded message; 

2 and 

3 ‘‘(B) the name of the sponsor or originator 

4 of the call; and 

5 ‘‘(2) transmits the telephone number and the 

6 name of the person making the political robocall or 

7 causing the political robocall to be made visible to 

8 the caller identification service of the recipient, 

9 ‘‘(c) DEFINITIONS.—For purposes of this section, the 

10 following definitions apply: 

11 ‘‘(1) ELECTION; FEDERAL OFFICE.—The terms 

12 ‘election’ and ‘Federal office’ have the meanings 

13 given such terms in section 301 of the Federal Elec14 tion Campaign Act of 1971 (2 U.S.C. 431). 

15 ‘‘(2) POLITICAL ROBOCALL.—The term ‘polit16 ical robocall’ means any outbound telephone call— 

17 ‘‘(A) in which a person is not available to 

18 speak with the person answering the call, and 

19 the call instead plays a recorded message; and 

20 ‘‘(B) which promotes, supports, attacks, or 

21 opposes a candidate for Federal office. 

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

23 period’ means, with respect to any candidate who is 

24 promoted, supported, attacked, or opposed in a polit25 ical robocall— 


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1 ‘‘(A) the 60-day period ending on the date 

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

3 the office sought by such candidate; and 

4 ‘‘(B) the 30-day period ending on the date 

5 of any primary or preference election, or any 

6 convention or caucus of a political party that 

7 has authority to nominate a candidate, for the 

8 office sought by such candidate.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 for chapter 29 of such title is amended by adding at the 

11 end the following: 

‘‘612. Political robocalls.’’. 

12 SEC. 4. EFFECTIVE DATE. 

13 The amendments made by this Act shall take effect 

14 on the date of the enactment of this Act, except that sec15 tion 612 of title 18, United States Code (as added by sec16 tion 3), shall not apply with respect to any political 

17 robocall described in such section which is made or caused 

18 to be made prior to the date of the enactment of this Act. 

Æ 


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