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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend title 18, United States Code, to prohibit the mak-
ing of political robocalls during certain periods, 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 2010’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
VerDate Nov 24 2008 
07:08 Feb 23, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4641.IH
H4641
rfrederick on DSKD9S0YB1PROD with BILLS
(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. 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 know-
ingly 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 re-
spect to a political robocall if the person making or caus-
ing the political robocall to be made— 
‘‘(1) discloses at the beginning of the call— 
VerDate Nov 24 2008 
07:08 Feb 23, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4641.IH
H4641
rfrederick on DSKD9S0YB1PROD with BILLS
‘‘(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 Elec-
tion Campaign Act of 1971 (2 U.S.C. 431). 
‘‘(2) 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. 
‘‘(3) SPECIFIED PERIOD.—The term ‘specified 
period’ means, with respect to any candidate who is 
promoted, supported, attacked, or opposed in a polit-
ical robocall— 
VerDate Nov 24 2008 
07:08 Feb 23, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4641.IH
H4641
rfrederick on DSKD9S0YB1PROD with BILLS
‘‘(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.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on the date of the enactment of this Act, except that sec-
tion 612 of title 18, United States Code (as added by sec-
tion 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. 
Æ 
VerDate Nov 24 2008 
07:08 Feb 23, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H4641.IH
H4641
rfrederick on DSKD9S0YB1PROD with BILLS