[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8334 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8334
To amend the Communications Act of 1934 to prohibit the use of
automated telephone equipment to send unsolicited text messages, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2022
Mr. Krishnamoorthi (for himself, Ms. Porter, Ms. Norton, Ms. Scanlon,
Mr. Danny K. Davis of Illinois, Mr. Gomez, and Ms. Brown of Ohio)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to prohibit the use of
automated telephone equipment to send unsolicited text messages, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RESTRICTIONS ON THE USE OF AUTOMATED TELEPHONE EQUIPMENT.
(a) In General.--Section 227 of the Communications Act of 1934 (47
U.S.C. 227) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``,
using a random or sequential number generator''
and inserting ``or sent a text message''; and
(ii) in subparagraph (B), by striking
``dial such numbers'' and inserting
``automatically dial or send a text message to
such numbers''; and
(B) by redesignating paragraph (5) as paragraph (6)
and inserting after paragraph (4) the following new
paragraph:
``(5) The term `text message' has the meaning given such
term in subsection (e)(8).''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``any call'' and all
that follows through ``called party)''
and inserting ``any call or send any
text message (other than a call made or
text message sent for emergency
purposes or with the prior express
consent of the recipient of such call
or text message)''; and
(II) in clause (iii), by striking
``called party'' and all that follows
through ``United States'' and inserting
``recipient of such call or text
message is charged for receiving such
call or text message''; and
(ii) in subparagraph (B), by striking ``,
is made solely pursuant to the collection of a
debt owed to or guaranteed by the United
States,''; and
(B) by adding at the end the following:
``(5) Safe harbor for reassigned numbers.--
``(A) In general.--It shall not be a violation of
the prohibition in paragraph (1)(A) for a person, using
an automatic telephone dialing system or an artificial
or prerecorded voice, to make a call or send a text
message to a telephone number without the prior express
consent of the subscriber assigned such telephone
number if such person obtained express consent to make
such call or send such text message to such number from
a subscriber assigned such number on the date on which
such express consent was obtained.
``(B) Exception.--Subparagraph (A) shall not apply
unless the person making such call or sending such
text, bearing the burden of proof, demonstrates that--
``(i) prior to making such call, such
person queried the database maintained by the
Commission under subparagraph (C) to determine
whether such number was permanently
disconnected after the date on which prior
express consent was obtained from a subscriber
previously assigned such number, and received a
response indicating such number was not
permanently disconnected after such date; and
``(ii) if such person had not received such
response, such person would not have made such
call or sent such text message to such number.
``(C) Reassigned telephone number database.--The
Commission shall maintain a database which persons may
query for the purpose of determining whether a
telephone number was permanently disconnected after the
date on which prior express consent was obtained from a
subscriber assigned such number.''.
(b) Rulemaking.--Not later than 18 months after the date of the
enactment of this Act, the Federal Communications Commission, with
consideration given to modern dialing practices and consumer
preferences, shall issue a rule defining the terms ``automatically'',
``dial'', ``send'', and ``charged for the call'', as used in 227(a)(1)
of the Communications Act of 1934 (47 U.S.C. 227(a)(1)), as amended by
this Act.
<all>