solicited advertisement not to send any fu-
ture unsolicited advertisements to a tele-
phone facsimile machine or machines and 
that failure to comply, within the shortest 
reasonable time, as determined by the Com-
mission, with such a request meeting the re-
quirements under subparagraph (E) is un-
lawful; 
‘‘(iii) the notice sets forth the require-
ments for a request under subparagraph 
(E); 
‘‘(iv) the notice includes— 
‘‘(I) a domestic contact telephone 
and facsimile machine number for the 
recipient to transmit such a request to 
the sender; and 
‘‘(II) a cost-free mechanism for a 
recipient to transmit a request pursu-
ant to such notice to the sender of the 
unsolicited advertisement; the Commis-
sion shall by rule require the sender to 
provide such a mechanism and may, 
in the discretion of the Commission 
and subject to such conditions as the 
Commission may prescribe, exempt
certain classes of small business send-
ers, but only if the Commission deter-
mines that the costs to such class are 
unduly burdensome given the revenues 
generated by such small businesses; 
‘‘(v) the telephone and facsimile ma-
chine numbers and the cost-free mechanism 
set forth pursuant to clause (iv) permit an 
individual or business to make such a re-
quest during regular business hours; and 
‘‘(vi) the notice complies with the re-
quirements of subsection (d);’’. 
(d) 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)), as 
amended by subsection (c) of this section, is further amend-
ed by adding at the end the following new subparagraph: 
‘‘(E) 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 or numbers of the telephone fac-
simile machine or machines to which the re-
quest relates;
‘‘(ii) the request is made to the tele-
phone or facsimile number of the sender of 
such an unsolicited advertisement provided 
pursuant to subparagraph (D)(iv) or by 
any other method of communication as de-
termined by the Commission; and 
‘‘(iii) the person making the request 
has not, subsequent to such request, pro-
vided express invitation or permission to 
the sender, in writing or otherwise, to send 
such advertisements to such person at such 
telephone facsimile machine;’’. 
(e) AUTHORITY TO ESTABLISH NONPROFIT EXCEP-
TION.—Paragraph (2) of section 227(b) of the Communica-
tions Act of 1934 (47 U.S.C. 227(b)(2)), as amended by sub-
sections (c) and (d) of this section, is further amended by 
adding at the end the following new subparagraph: 
‘‘(F) may, in the discretion of the Commis-
sion and subject to such conditions as the Com-
mission may prescribe, allow professional or 
trade associations that are tax-exempt nonprofit 
organizations to send unsolicited advertisements 
to their members in furtherance of the associa-
tion’s tax-exempt purpose that do not contain the 
notice required by paragraph (1)(C)(ii), except
that the Commission may take action under this 
subparagraph only by regulation issued after 
public notice and opportunity for public com-
ment and only if the Commission determines 
that 
such 
notice 
required 
by 
paragraph 
(1)(C)(ii) is not necessary to protect the ability 
of the members of such associations to stop such 
associations from sending any future unsolicited 
advertisements; and’’. 
(f) AUTHORITY TO ESTABLISH TIME LIMIT ON ESTAB-
LISHED
BUSINESS
RELATIONSHIP
EXCEPTION.—Para-
graph (2) of section 227(b) of the Communications Act of 
1934 (47 U.S.C. 227(b)(2)), as amended by subsections (c), 
(d), and (e) of this section, is further amended by adding 
at the end the following new subparagraph: 
‘‘(G)(i) may, consistent with clause (ii), 
limit the duration of the existence of an estab-
lished business relationship to a period not short-
er than 5 years and not longer than 7 years 
after the last occurrence of an action sufficient to 
establish such a relationship, but only if— 
‘‘(I) the Commission determines 
that the existence of the exception 
under paragraph (1)(C) relating to an 
established business relationship has
resulted in a significant number of 
complaints to the Commission regard-
ing the sending of unsolicited adver-
tisements to telephone facsimile ma-
chines; 
‘‘(II) upon review of such com-
plaints referred to in subclause (I), the 
Commission has reason to believe that 
a significant number of such com-
plaints involve unsolicited advertise-
ments that were sent on the basis of an 
established business relationship that 
was longer in duration than the Com-
mission believes is consistent with the 
reasonable expectations of consumers; 
‘‘(III) the Commission determines 
that the costs to senders of dem-
onstrating the existence of an estab-
lished business relationship within a 
specified period of time do not out-
weigh the benefits to recipients of es-
tablishing a limitation on such estab-
lished business relationship; and 
‘‘(IV) the Commission determines 
that, with respect to small businesses,
the costs are not unduly burdensome, 
given the revenues generated by small 
businesses, and taking into account the 
number of specific complaints to the 
Commission regarding the sending of 
unsolicited advertisements to telephone 
facsimile machines by small businesses; 
and 
‘‘(ii) may not commence a proceeding to de-
termine whether to limit the duration of the ex-
istence of an established business relationship be-
fore the expiration of the 3-year period that be-
gins on the date of the enactment of the Junk 
Fax Prevention Act of 2004.’’. 
(g) UNSOLICITED ADVERTISEMENT.—Paragraph (5) of 
section 227(a) of the Communications Act of 1934 (47 
U.S.C. 227(a)(4)), as so redesignated by subsection (b)(1) 
of this section, is amended by inserting ‘‘, in writing or 
otherwise’’ before the period at the end. 
(h) REGULATIONS.—Except as provided in clause (ii) 
of section 227(b)(2)(G) of the Communications Act of 1934 
(as added by subsection (f) of this section), not later than 
270 days after the date of the enactment of this Act, the 
Federal Communications Commission shall issue regula-
tions to implement the amendments made by this section.
SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX EN-
FORCEMENT. 
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 Com-
mission 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 tele-
phone facsimile machines, which shall include the following 
information: 
‘‘(1) The number of complaints received by the 
Commission during such year alleging that a con-
sumer received an unsolicited advertisement via tele-
phone facsimile machine in violation of the Commis-
sion’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 Com-
mission pursuant to section 503 during the year to 
enforce any law, regulation, or policy relating to 
sending of unsolicited advertisements to telephone fac-
simile 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 advertise-
ments 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 for-
feiture penalties issued pursuant to section 503 dur-
ing 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 
for recovery of the penalty. 
‘‘(10) For each case in which the Commission re-
ferred such an order for recovery— 
‘‘(A) the number of days from the date the 
Commission issued such order to the date of such 
referral; 
‘‘(B) whether an action has been commenced 
to recover the penalty, and if so, the number of 
days from the date the Commission referred such 
order for recovery to the date of such commence-
ment; 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 con-
cerning unsolicited advertisements sent to telephone fac-
simile machines, which shall determine— 
(1) the mechanisms established by the Commis-
sion to receive, investigate, and respond to such com-
plaints; 
(2) the level of enforcement success achieved by 
the Commission regarding such complaints; 
(3) whether complainants to the Commission are 
adequately informed by the Commission of the re-
sponses to their complaints; and 
(4) whether additional enforcement measures are 
necessary to protect consumers, including rec-
ommendations regarding such additional enforcement 
measures. 
(b) ADDITIONAL ENFORCEMENT REMEDIES.—In con-
ducting the analysis and making the recommendations re-
quired under paragraph (7) of subsection (a), the Comp-
troller General shall specifically examine— 
(1) the adequacy of existing statutory enforce-
ment actions available to the Commission; 
(2) the adequacy of existing statutory enforce-
ment actions and remedies available to consumers; 
(3) the impact of existing statutory enforcement 
remedies on senders of facsimiles;