Junk Fax Prevention Act of 2004
Latest action. Read twice and referred to the Committee on Commerce, Science, and Transportation.
(This measure has not been amended since it was reported to the House on July 9, 2004. The summary of that version is repeated here.)
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, unless the advertisement: (1) is from a sender with an established business relationship with the recipient; and (2) contains a notice on its first page that the recipient may request not to be sent any future unsolicited advertisements, and that failure to comply with such request is unlawful. Requires such notice to include a domestic contact telephone and fax machine number for the recipient to transmit such a request, as well as a cost-free mechanism for sending the 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 the sender to have such advertisements sent. Authorizes the FCC to allow tax-exempt, nonprofit professional or trade associations to send unsolicited advertisements to their members in furtherance of professional or association purposes.
Authorizes the FCC, upon determining a significant number of complaints involving unsolicited fax advertisements, to limit the duration of the existence of an "established business relationship" exemption to a period not shorter than five and not longer than seven years after the last occurrence of an action sufficient to establish such relationship.
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.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Passed House amended" stage on July 20, 2004. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on July 23, 2004: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 108th Congress (2003-04), 498 of the 8,623 bills and joint resolutions introduced became law, about 5.8 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
FRED UPTON (R-MI) introduced it on June 16, 2004, and 41 members have since signed on as cosponsors.
They come from both major parties: 19 Democrats, 22 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on June 16, 2004, 8121 days ago. The most recent recorded action was 8084 days ago, on July 23, 2004.
Measures do not carry over. Anything the 108th Congress has not finished by January 3, 2005 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers