I 

108TH CONGRESS 

1ST SESSION H. R. 395

To authorize the Federal Trade Commission to collect fees for the implementation and enforcement of a ‘‘do-not-call’’ registry, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2003

Mr. TAUZIN (for himself and Mr. DINGELL) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL

To authorize the Federal Trade Commission to collect fees 

for the implementation and enforcement of a ‘‘do-notcall’’ registry, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Do-Not-Call Imple5 mentation Act’’. 

6 SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REG7 ISTRY FEES. 

8 The Federal Trade Commission may promulgate reg9 ulations establishing fees sufficient to implement and en-
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1 force the provisions relating to the ‘‘do-not-call’’ registry 

2 of the Telemarketing Sales Rule (16 C.F.R. 

3 310.4(b)(1)(iii)), promulgated under the Telephone Con4 sumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 

5 et seq.). Such regulations shall be promulgated in accord6 ance with section 553 of title 5, United States Code. Fees 

7 may be collected pursuant to this section for fiscal years 

8 2003 through 2007, and shall be deposited and credited 

9 as offsetting collections to the account, Federal Trade 

10 Commission—Salaries and Expenses, and shall remain 

11 available until expended. No amounts shall be collected as 

12 fees pursuant to this section for such fiscal years except 

13 to the extent provided in advance in appropriations Acts. 

14 Such amounts shall be available for expenditure only to 

15 offset the costs of activities and services related to the im16 plementation and enforcement of the Telemarketing Sales 

17 Rule, and other activities resulting from such implementa18 tion and enforcement. 

19 SEC. 3. FEDERAL COMMUNICATIONS COMMISSION DO-NOT20 CALL REGULATIONS. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Federal Communications Commission shall 

23 issue a final rule pursuant to the rulemaking proceeding 

24 that it began on September 18, 2002, under the Telephone 

25 Consumer Protection Act (47 U.S.C. 227 et seq.). In 
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1 issuing such rule, the Federal Communications Commis2 sion shall consult and coordinate with the Federal Trade 

3 Commission to maximize consistency with the rule promul4 gated by the Federal Trade Commission (16 C.F.R. 

5 310.4(b)). 

6 SEC. 4. REPORTING REQUIREMENTS. 

7 (a) REPORT ON REGULATORY COORDINATION.—

8 Within 45 days after the promulgation of a final rule by 

9 the Federal Communications Commission as required by 

10 section 3, the Federal Trade Commission and the Federal 

11 Communications Commission shall each transmit to the 

12 Committee on Energy and Commerce of the House of 

13 Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate a report which 

15 shall include— 

16 (1) an analysis of the telemarketing rules pro17 mulgated by both the Federal Trade Commission 

18 and the Federal Communications Commission; 

19 (2) any inconsistencies between the rules pro20 mulgated by each such Commission and the effect of 

21 any such inconsistencies on consumers, and persons 

22 paying for access to the registry; and 

23 (3) proposals to remedy any such inconsist24 encies. 
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1 (b) ANNUAL REPORT.—For each of fiscal years 2003 

2 through 2007, the Federal Trade Commission and the 

3 Federal Communications Commission shall each transmit 

4 an annual report to the Committee on Energy and Com5 merce of the House of Representatives and the Committee 

6 on Commerce, Science, and Transportation of the Senate 

7 a report which shall include—

8 (1) an analysis of the effectiveness of the ‘‘do9 not-call’’ registry as a national registry; 

10 (2) the number of consumers who have placed 

11 their telephone numbers on the registry; 

12 (3) the number of persons paying fees for ac13 cess to the registry and the amount of such fees; 

14 (4) an analysis of the progress of coordinating 

15 the operation and enforcement of the ‘‘do-not-call’’ 

16 registry with similar registries established and main17 tained by the various States; 

18 (5) an analysis of the progress of coordinating 

19 the operation and enforcement of the ‘‘do-not-call’’ 

20 registry with the enforcement activities of the Fed21 eral Communications Commission pursuant to the 

22 Telephone Consumer Protection Act (47 U.S.C. 227 

23 et seq.); and 

24 (6) a review of the enforcement proceedings 

25 under the Telemarketing Sales Rule (16 C.F.R. 
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1 310), in the case of the Federal Trade Commission, 

2 and under the Telephone Consumer Protection Act 

3 (47 U.S.C. 227 et seq.), in the case of the Federal 

4 Communications Commission.

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