text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Junk Fax Prevention Act of 2004''.
  
  SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED 
                ADVERTISEMENTS.
  
      (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the 
  Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read 
  as follows:
                      ``(C) to use any telephone facsimile machine, 
                  computer, or other device to send, to a telephone 
                  facsimile machine, an unsolicited advertisement--
                              ``(i) to a person who has made a request to 
                          such sender that complies with the requirements 
                          under paragraph (2)(D), not to send future 
                          unsolicited advertisements to a telephone 
                          facsimile machine; or
                              ``(ii) to a person not described in clause 
                          (i), unless--
                                      ``(I) the sender has an established 
                                  business relationship (which term, for 
                                  purposes of this subclause, shall have 
                                  the meaning given the term in section 
                                  64.1200 of the Commission's 
                                  regulations, as in effect on January 1, 
                                  2003, except that such term shall apply 
                                  to a business subscriber in the same 
                                  manner in which it applies to a 
                                  residential subscriber) with such 
                                  person; and
                                      ``(II) the unsolicited 
                                  advertisement contains a conspicuous 
                                  notice on the first page of the 
                                  unsolicited advertisement that--
                                              ``(aa) states that the 
                                          recipient may make a request to 
                                          the sender of the unsolicited 
                                          advertisement not to send any 
                                          future unsolicited 
                                          advertisements to such 
                                          telephone facsimile machine and 
                                          that failure to comply, within 
                                          the shortest reasonable time, 
                                          as determined by the 
                                          Commission, with such a request 
                                          meeting the requirements under 
                                          paragraph (2)(D) is unlawful;
                                              ``(bb) sets forth the 
                                          requirements for a request 
                                          under paragraph (2)(D); and
                                              ``(cc) includes a domestic 
                                          contact telephone and facsimile 
                                          number for the recipient to 
                                          transmit such a request to the 
                                          sender, neither of which may be 
                                          a number for a pay-per-call 
                                          service (as such term is 
                                          defined in section 228(i)); any 
                                          number supplied shall permit an 
                                          individual or business to make 
                                          a do-not-fax request during 
                                          regular business hours; or''.
      (b) Request to Opt-Out of Future Unsolicited Advertisements.--
  Paragraph (2) of section 227(b) of the Communications Act of 1934 (47 
  U.S.C. 227(b)(2)) is amended--
              (1) in subparagraph (B), by striking ``and'' at the end;
              (2) in subparagraph (C), by striking the period at the end 
          and inserting a semicolon; and
              (3) by adding at the end the following new subparagraphs:
                      ``(D) shall provide, by rule, that a request not to 
                  send future unsolicited advertisements to a telephone 
                  facsimile machine complies with the requirements under 
                  this subparagraph only if--
                              ``(i) the request identifies the telephone 
                          number of the telephone facsimile machine to 
                          which the request relates;
                              ``(ii) the request is made to the telephone 
                          or facsimile number of the sender of such an 
                          unsolicited advertisement provided pursuant to 
                          paragraph (1)(C)(ii)(II)(cc) or by any other 
                          method of communication as determined by the 
                          Commission; and
                              ``(iii) the person making the request has 
                          not, subsequent to such request, provided 
                          express invitation or permission to the sender, 
                          in writing or otherwise, to send such 
                          advertisements to such person at such telephone 
                          facsimile machine; and
                      ``(E) may, in the discretion of the Commission and 
                  subject to such conditions as the Commission may 
                  prescribe, allow professional trade associations that 
                  are tax-exempt nonprofit organizations to send 
                  unsolicited advertisements to their members in 
                  furtherance of the association's tax-exempt purpose 
                  that do not contain the notice required by paragraph 
                  (1)(C)(ii)(II), except that the Commission may take 
                  action under this subparagraph only by regulation 
                  issued after notice and opportunity for public comment 
                  in accordance with section 553 of title 5, United 
                  States Code, and only if the Commission determines that 
  such notice is not necessary to protect the right of the members of 
  such trade associations to make a request to their trade associations 
  not to send any future unsolicited advertisements.''.
      (c) Unsolicited Advertisement.--Paragraph (4) of section 227(a) of 
  the Communications Act of 1934 (47 U.S.C. 227(a)(4)) is amended by 
  inserting ``, in writing or otherwise'' before the period at the end.
      (d) Regulations.--Not later than 270 days after the date of the 
  enactment of this Act, the Federal Communications Commission shall 
  issue regulations to implement the amendments made by this section.
  
  SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.
  
      Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is 
  amended by adding at the end the following new subsection:
      ``(g) Junk Fax Enforcement Report.--The Commission shall submit a 
  report to the Congress for each year regarding the enforcement of the 
  provisions of this section relating to sending of unsolicited 
  advertisements to telephone facsimile machines, which shall include the 
  following information:
              ``(1) The number of complaints received by the Commission 
          during such year alleging that a consumer received an 
          unsolicited advertisement via telephone facsimile machine in 
          violation of the Commission's rules.
              ``(2) The number of such complaints received during the 
          year on which the Commission has taken action.
              ``(3) The number of such complaints that remain pending at 
          the end of the year.
              ``(4) The number of citations issued by the Commission 
          pursuant to section 503 during the year to enforce any law, 
          regulation, or policy relating to sending of unsolicited 
          advertisements to telephone facsimile machines.
              ``(5) The number of notices of apparent liability issued by 
          the Commission pursuant to section 503 during the year to 
          enforce any law, regulation, or policy relating to sending of 
          unsolicited advertisements to telephone facsimile machines.
              ``(6) For each such notice--
                      ``(A) the amount of the proposed forfeiture penalty 
                  involved;
                      ``(B) the person to whom the notice was issued;
                      ``(C) the length of time between the date on which 
                  the complaint was filed and the date on which the 
                  notice was issued; and
                      ``(D) the status of the proceeding.
              ``(7) The number of final orders imposing forfeiture 
          penalties issued pursuant to section 503 during the year to 
          enforce any law, regulation, or policy relating to sending of 
          unsolicited advertisements to telephone facsimile machines.
              ``(8) For each such forfeiture order--
                      ``(A) the amount of the penalty imposed by the 
                  order;
                      ``(B) the person to whom the order was issued;
                      ``(C) whether the forfeiture penalty has been paid; 
                  and
                      ``(D) the amount paid.
              ``(9) For each case in which a person has failed to pay a 
          forfeiture penalty imposed by such a final order, whether the 
          Commission referred such matter to the Attorney General for 
          recovery of the penalty.
              ``(10) For each case in which the Commission referred such 
          an order to the Attorney General--
                      ``(A) the number of days from the date the 
                  Commission issued such order to the date of such 
                  referral;
                      ``(B) whether the Attorney General has commenced an 
                  action to recover the penalty, and if so, the number of 
                  days from the date the Commission referred such order 
                  to the Attorney General to the date of such 
                  commencement; and
                      ``(C) whether the recovery action resulted in 
                  collection of any amount, and if so, the amount 
                  collected.''.
  
  SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.
  
      (a) In General.--The Comptroller General of the United States shall 
  conduct a study regarding complaints received by the Federal 
  Communications Commission concerning unsolicited advertisements sent to 
  telephone facsimile machines, which shall determine--
              (1) the number and nature of such complaints;
              (2) the number of such complaints that result in final 
          agency actions by the Commission;
              (3) the length of time taken by the Commission in 
          responding to such complaints;
              (4) the mechanisms established by the Commission to 
          receive, investigate, and respond to such complaints;
              (5) the level of enforcement success achieved by the 
          Commission and the Attorney General regarding such complaints;
              (6) whether complainants to the Commission are adequately 
          informed by the Commission of the responses to their 
          complaints; and
              (7) whether additional enforcement measures are necessary 
          to protect consumers, including recommendations regarding such 
          additional enforcement measures.
      (b) Additional Enforcement Remedies.--In conducting the analysis 
  and making the recommendations required under paragraph (7) of 
  subsection (a), the Comptroller General shall specifically examine--
              (1) the adequacy of existing statutory enforcement actions 
          available to the Commission;
              (2) the adequacy of existing statutory enforcement actions 
          and remedies available to consumers;
              (3) the impact of existing statutory enforcement remedies 
          on senders of facsimiles;
              (4) whether increasing the amount of financial penalties is 
          warranted to achieve greater deterrent effect; and
              (5) whether establishing penalties and enforcement actions 
          for repeat violators or abusive violations similar to those 
          established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C. 
          7703) would have a greater deterrent effect.
      (c) Report.--Not later than 270 days after the date of the 
  enactment of this Act, the Comptroller General shall submit a report on 
  the results of the study under this section to Committee on Energy and 
  Commerce of the House of Representatives and the Committee on Commerce, 
  Science, and Transportation of the Senate.
target: Junk Fax Prevention Act of 2004 - 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; and (2) 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 by rule that a request not to send unsolicited advertisements complies with legal 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 allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes.
  
  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.
feat_title: A bill to amend section 227 of the Communications Act of 1934 to clarify the prohibition on junk fax transmissions.