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Union Calendar No. 5

108TH CONGRESS 

1ST SESSION H. R. 395

[Report No. 108–8] 

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 

FEBRUARY 11, 2003

Additional sponsors: Mr. BURR, Mr. UPTON, Mr. STEARNS, Mr. GILLMOR, 

Mr. SHIMKUS, Mr. BUYER, Mr. BASS, Mr. MARKEY, Ms. ESHOO, Mr. 

STUPAK, Ms. SOLIS, Mr. WYNN, Mr. FLETCHER, Mr. JOHNSON of Illinois, Mr. ISSA, Mr. ROGERS of Michigan, Mr. OTTER, Mr. FERGUSON, 

Ms. SCHAKOWSKY, Mr. KIND, Mr. FRELINGHUYSEN, Ms. BERKLEY, Mr. 

SHERMAN, and Mr. BILIRAKIS

FEBRUARY 11, 2003

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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.
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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 en10 force the provisions relating to the ‘‘do-not-call’’ registry 

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

12 310.4(b)(1)(iii)), promulgated under the Telemarketing 

13 and Consumer Fraud and Abuse Prevention Act (15 

14 U.S.C. 6101 et seq.). Such regulations shall be promul15 gated in accordance with section 553 of title 5, United 

16 States Code. Fees may be collected pursuant to this sec17 tion for fiscal years 2003 through 2007, and shall be de18 posited and credited as offsetting collections to the ac19 count, Federal Trade Commission—Salaries and Ex20 penses, and shall remain available until expended. No 

21 amounts shall be collected as fees pursuant to this section 

22 for such fiscal years except to the extent provided in ad23 vance in appropriations Acts. Such amounts shall be avail24 able for expenditure only to offset the costs of activities 

25 and services related to the implementation and enforce-
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1 ment of the Telemarketing Sales Rule, and other activities 

2 resulting from such implementation and enforcement. 

3 SEC. 3. FEDERAL COMMUNICATIONS COMMISSION DO-NOT4 CALL REGULATIONS. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Federal Communications Commission shall 

7 issue a final rule pursuant to the rulemaking proceeding 

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

9 Consumer Protection Act (47 U.S.C. 227 et seq.). In 

10 issuing such rule, the Federal Communications Commis11 sion shall consult and coordinate with the Federal Trade 

12 Commission to maximize consistency with the rule promul13 gated by the Federal Trade Commission (16 C.F.R. 

14 310.4(b)). 

15 SEC. 4. REPORTING REQUIREMENTS. 

16 (a) REPORT ON REGULATORY COORDINATION.—

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

18 the Federal Communications Commission as required by 

19 section 3, the Federal Trade Commission and the Federal 

20 Communications Commission shall each transmit to the 

21 Committee on Energy and Commerce of the House of 

22 Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate a report which 

24 shall include— 
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1 (1) an analysis of the telemarketing rules pro2 mulgated by both the Federal Trade Commission 

3 and the Federal Communications Commission; 

4 (2) any inconsistencies between the rules pro5 mulgated by each such Commission and the effect of 

6 any such inconsistencies on consumers, and persons 

7 paying for access to the registry; and 

8 (3) proposals to remedy any such inconsist9 encies. 

10 (b) ANNUAL REPORT.—For each of fiscal years 2003 

11 through 2007, the Federal Trade Commission and the 

12 Federal Communications Commission shall each transmit 

13 an annual report to the Committee on Energy and Com14 merce of the House of Representatives and the Committee 

15 on Commerce, Science, and Transportation of the Senate 

16 a report which shall include—

17 (1) an analysis of the effectiveness of the ‘‘do18 not-call’’ registry as a national registry; 

19 (2) the number of consumers who have placed 

20 their telephone numbers on the registry; 

21 (3) the number of persons paying fees for ac22 cess to the registry and the amount of such fees; 

23 (4) an analysis of the progress of coordinating 

24 the operation and enforcement of the ‘‘do-not-call’’ 
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1 registry with similar registries established and main2 tained by the various States; 

3 (5) an analysis of the progress of coordinating 

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

5 registry with the enforcement activities of the Fed6 eral Communications Commission pursuant to the 

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

8 et seq.); and 

9 (6) a review of the enforcement proceedings 

10 under the Telemarketing Sales Rule (16 C.F.R. 

11 310), in the case of the Federal Trade Commission, 

12 and under the Telephone Consumer Protection Act 

13 (47 U.S.C. 227 et seq.), in the case of the Federal 

14 Communications Commission. 
Union Calendar No. 5

108TH CONGRESS 

1ST SESSION H. R. 395

[Report No. 108–8] 

A BILL

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

FEBRUARY 11, 2003

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed