I 
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 Representa-
tives 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. 
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(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 POLIT-
ICAL 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 
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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 ‘polit-
ical 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 polit-
ical 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.’’. 
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SEC. 4. ENFORCEMENT. 
(a) SPECIAL RULES
FOR ENFORCEMENT
OF RE-
STRICTIONS 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 (re-
lating 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 ‘‘sec-
tion 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 sec-
tion 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 enact-
ment of this Act. 
Æ 
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