I 
108TH CONGRESS 
2D SESSION 
H. R. 4600
To amend section 227 of the Communications Act of 1934 to clarify the 
prohibition on junk fax transmissions. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2004
Mr. UPTON (for himself, Mr. MARKEY, Mr. BARTON of Texas, Mr. DINGELL, 
Mr. BOUCHER, Mr. TERRY, Mr. TOWNS, Mr. JOHN, Mr. ENGEL, Mr. 
ROGERS of Michigan, Mr. BUYER, Mrs. CAPPS, Mr. WYNN, Mr. GORDON, 
Mr. GILLMOR, Mr. GREEN of Texas, Mrs. BONO, Ms. SCHAKOWSKY, Mr. 
STEARNS, Mr. PICKERING, Mr. DAVIS of Florida, Mr. BURR, Mr. 
SHIMKUS, and Mr. GONZALEZ) introduced the following bill; which was 
referred to the Committee on Energy and Commerce 
A BILL 
To amend section 227 of the Communications Act of 1934 
to clarify the prohibition on junk fax transmissions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Junk Fax Prevention 
Act of 2004’’.
plicable under such section to a rela-
tionship between a person or entity 
and a residential subscriber) with 
such person; and 
‘‘(II) the unsolicited advertise-
ment contains a conspicuous notice on 
the first page of the unsolicited adver-
tisement that—
‘‘(aa) states that the recipi-
ent may make a request to the 
sender of the unsolicited adver-
tisement 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 require-
ments for a request under para-
graph (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 serv-
ice (as such term is defined in 
section 228(i)); any number sup-
plied 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 UNSOLIC-
ITED
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 sub-
paragraphs: 
‘‘(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 tele-
phone number of the telephone facsimile 
machine to which the request relates; 
‘‘(ii) the request is made to the tele-
phone 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, 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; and 
‘‘(E) may, in the discretion of the Commis-
sion and subject to such conditions as the Com-
mission may prescribe, allow professional trade 
associations that are tax-exempt nonprofit orga-
nizations 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)(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 Commis-
sion determines that such notice is not nec-
essary 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 Commu-
nications Commission shall issue regulations 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 fol-
lowing 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 telephone 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 re-
main 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 advertise-
ments to telephone facsimile machines. 
‘‘(6) For each such notice—
‘‘(A) the amount of the proposed forfeiture 
penalty involved;