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Junk Fax Prevention Act of 2005

Public Law 109-21 · S. 714 · 109th Congress · began in the Senate

Signed by George W. Bush (R) on Jul 9, 2005 · Science, Technology, Communications

Sponsor: Sen. Gordon Smith (R-OR)

Cosponsors (9): Sen. Daniel Inouye,

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Junk Fax Prevention Act of 2005 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; (2) the sender obtained the fax number through voluntary communication from the recipient or from an Internet directory or site to which the recipient voluntarily made the fax number available for public distribution; and (3) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request.

Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to: (1) allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes; and (2) establish a time limit on established business relationships for purposes of this Act.

Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

The record lists no related bills.

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 23 actions.

  1. Jul 9, 2005Became lawBecame law · Became Public Law No: 109-21.
  2. Became lawBecame law · Signed by President.
  3. Jun 30, 2005FloorFloor · Presented to President.
  4. Jun 28, 2005FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  5. FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
  6. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 714.
  7. FloorFloor · Considered under suspension of the rules.
  8. FloorFloor · Mr. Upton moved to suspend the rules and pass the bill.
  9. OtherOther · Cleared for White House.
  10. Jun 24, 2005FloorFloor · Held at the desk.
  11. FloorFloor · Message on Senate action sent to the House.
  12. FloorFloor · Received in the House.
  13. FloorFloor · Passed Senate with amendments by Unanimous Consent.
  14. FloorFloor · The committee amendments agreed to by Unanimous Consent.
  15. FloorFloor · Measure laid before Senate by unanimous consent.
  16. Jun 7, 2005CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 120.
  17. CommitteeCommittee · Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with amendments. With written report No. 109-76.
  18. Apr 14, 2005CommitteeCommittee · Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.
  19. Apr 13, 2005CommitteeCommittee · Committee on Commerce, Science, and Transportation Subcommittee on Trade, Tourism, and Economic Development. Hearings held. With printed Hearing: S.Hrg. 109-278.
  20. CommitteeCommittee · Hearings by Trade, Tourism, and Economic Development Subcommittee of the Senate Commerce, Science, and Transportation Committee
  21. Apr 6, 2005CommitteeCommittee · Read twice and referred to the Committee on Commerce, Science, and Transportation.
  22. CommitteeCommittee · Sponsor introductory remarks on measure. (CR S3280)
  23. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

  • S.Amdt. 1011SenateSen. Lamar AlexanderR-TN· offered Jun 24, 2005Agreed to

    To require post-date-of-enactment authorization for an established business relationship to a telephone facsimile machine.

    Jun 24, 2005: Amendment SA 1011 agreed to in Senate by Unanimous Consent.

    Agreed to
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.