I 
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. SCAN-
LON, 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 Representa-
tives 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 Communica-
tions Act of 1934 (47 U.S.C. 227) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
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(i) in subparagraph (A), by striking ‘‘, 
using a random or sequential number gen-
erator’’ and inserting ‘‘or sent a text mes-
sage’’; and 
(ii) in subparagraph (B), by striking 
‘‘dial such numbers’’ and inserting ‘‘auto-
matically 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 pur-
poses or with the prior express con-
sent of the recipient of such call or 
text message)’’; and 
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(II) in clause (iii), by striking 
‘‘called party’’ and all that follows 
through ‘‘United States’’ and insert-
ing ‘‘recipient of such call or text mes-
sage 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
NUM-
BERS.— 
‘‘(A) IN GENERAL.—It shall not be a viola-
tion 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 tele-
phone number without the prior express consent 
of the subscriber assigned such telephone num-
ber 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 con-
sent was obtained. 
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‘‘(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 discon-
nected 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 pur-
pose of determining whether a telephone num-
ber was permanently disconnected after the 
date on which prior express consent was ob-
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tained from a subscriber assigned such num-
ber.’’. 
(b) RULEMAKING.—Not later than 18 months after 
the date of the enactment of this Act, the Federal Commu-
nications 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. 
Æ 
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