S. Amdt. 1011 - To Require Post-Date-Of-Enactment Authorization for an Established Business Relationship to a Telephone Facsimile Machine.

Junk Fax Prevention Act of 2005

S. 714 — 109^th Congress (2005–2006)

Summary

This bill prohibits unsolicited faxes, with exceptions made in certain cases. The bill is a modification to the more stringent former FCC regulations. (by CRS)

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Title

A bill to amend section 227 of the Communications Act of 1934 (47 U.S.C. 227) relating to the prohibition on junk fax transmissions.

Other Titles

• Junk Fax Prevention Act of 2005
• Junk Fax Prevention Act of 2005
• Junk Fax Prevention Act of 2005
• Junk Fax Prevention Act of 2005
• Junk Fax Prevention Act of 2005

Sponsor

Gordon Smith

Co-Sponsors

• Ted Stevens
• Daniel Inouye
• Susan Collins
• George Allen
• Byron Dorgan
• Conrad Burns
• Olympia Snowe
• John Sununu
• Frank Lautenberg

Subjects

• Telecommunication
• Administrative procedure
• Advertising
• Business
• Collection of accounts
• Congress
• Congressional investigations
• Congressional reporting requirements
• Consumer complaints
• Consumer education
• Consumer protection
• Consumers
• Direct mail advertising
• Executive departments
• Facsimile transmission
• Federal Communications Commission
• Fines (Penalties)
• Forfeiture
• Government information
• Government paperwork
• Government statistics
• Independent regulatory commissions
• Law
• Nonprofit organizations
• Small business
• Social services
• Tax-exempt organizations
• Taxation
• Technology
• Telemarketing
• Telephone
• Trade associations

Related Bills

Major Actions

Introduced	4/06/2005
Referred to Committee
Amendments (1 proposed)
Passed Senate	6/24/2005
Passed House	6/28/2005
Signed by President	7/09/2005

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
currently selected	Senate	Amendment SA 1011 agreed to in Senate by Unanimous Consent.	6/24/2005	PASSED by voice vote
select this vote	Senate	Passed Senate with amendments by Unanimous Consent.	6/24/2005	PASSED by voice vote
select this vote	House	On motion to suspend the rules and pass the bill Agreed to by voice vote.	6/28/2005	PASSED by voice vote

	Action	Date	Description
	Introduced	4/06/2005
		4/06/2005	Read twice and referred to the Committee on Commerce, Science, and Transportation.
		4/06/2005	Sponsor introductory remarks on measure. (CR S3280)
		4/13/2005	Committee on Commerce, Science, and Transportation Subcommittee on Trade, Tourism, and Economic Development. Hearings held. With printed Hearing: S.Hrg. 109-278.
	Put on a legislative calendar	4/14/2005	Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.
		6/07/2005	Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with amendments. With written report No. 109-76.
	Put on a legislative calendar	6/07/2005	Placed on Senate Legislative Calendar under General Orders. Calendar No. 120.
		6/24/2005	Measure laid before Senate by unanimous consent.
		6/24/2005	The committee amendments agreed to by Unanimous Consent.
		6/24/2005	Message on Senate action sent to the House.
		6/24/2005	Amendment SA 1011 proposed by Senator Alexander for Senator Boxer.
currently selected	Vote	6/24/2005	Amendment SA 1011 agreed to in Senate by Unanimous Consent.
select this vote	Senate Vote on Passage	6/24/2005	Passed Senate with amendments by Unanimous Consent.
		6/24/2005	Received in the House.
		6/24/2005	Held at the desk.
	Presented to President	6/28/2005	Cleared for White House.
		6/28/2005	Mr. Upton moved to suspend the rules and pass the bill.
		6/28/2005	Considered under suspension of the rules.
		6/28/2005	DEBATE - The House proceeded with forty minutes of debate on S. 714.
select this vote	House Vote on Passage	6/28/2005	On motion to suspend the rules and pass the bill Agreed to by voice vote.
	Presented to President	6/30/2005	Presented to President.
	Signed	7/09/2005	Signed by President.
	Enacted	7/09/2005	Became Public Law No: 109-21.

	Number	Sponsor	Date Offered	Status
currently selected	S. Amdt. 1011	Alexander, Lamar [R-TN]	June 24, 2005	Passed by voice vote on June 24, 2005.
	To require post-date-of-enactment authorization for an established business relationship to a telephone facsimile machine. Actions June 24, 2005, 12:00 am ET - Amendment SA 1011 proposed by Senator Alexander for Senator Boxer. June 24, 2005, 12:00 am ET - Amendment SA 1011 agreed to in Senate by Unanimous Consent. Full Text of this Amendment SA 1011. Mrs. BOXER (for Mr. ALEXANDER (for himself and Mr. SMITH)) proposed an amendment to the bill S. 714, to amend section 227 of the Communications Act of 1934 (47 U.S.C. 227) relating to the prohibition on junk fax transmissions; as follows: On page 2, line 15, strike ``and''. On page 2, between lines 15 and 16, insert the following: ``(ii) the sender obtained the number of the telephone facsimile machine through-- ``(I) the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or ``(II) a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution, except that this clause shall not apply in the case of an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before the date of enactment of the Junk Fax Prevention Act of 2005 if the sender possessed the facsimile machine number of the recipient before such date of enactment; and'' On page 2, strike lines 16 through 26 and insert the following: ``(iii) the unsolicited advertisement contains a notice meeting the requirements under paragraph (2)(D), except that the exception under clauses (i) and (ii) shall not apply with respect to an unsolicited advertisement sent to a telephone facsimile machine by a sender to whom a request has been made not to send future unsolicited advertisements to such telephone facsimile machine that complies with the requirements under paragraph (2)(E); or''. On page 7, line 17, strike ``(1)(C)(ii),'' and insert ``(1)(C)(iii),''. On page 7, line 25, strike ``(1)(C)(ii)'' and insert ``(1)(C)(iii)''. (As printed in the Congressional Record for the Senate on Jun 24, 2005.)