H. R. 395

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To authorize the Federal Trade Commission to collect fees for the implementation

and enforcement of a ‘‘do-not-call’’ registry, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Do-Not-Call Implementation

Act’’.

SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES.

The Federal Trade Commission may promulgate regulations

establishing fees sufficient to implement and enforce the provisions

relating to the ‘‘do-not-call’’ registry of the Telemarketing Sales

Rule (16 CFR 310.4(b)(1)(iii)), promulgated under the Telemarketing

and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101

et seq.). Such regulations shall be promulgated in accordance with

section 553 of title 5, United States Code. Fees may be collected

pursuant to this section for fiscal years 2003 through 2007, and

shall be deposited and credited as offsetting collections to the

account, Federal Trade Commission—Salaries and Expenses, and

shall remain available until expended. No amounts shall be collected

as fees pursuant to this section for such fiscal years except to

the extent provided in advance in appropriations Acts. Such

amounts shall be available for expenditure only to offset the costs

of activities and services related to the implementation and enforcement of the Telemarketing Sales Rule, and other activities resulting

from such implementation and enforcement.

SEC. 3. FEDERAL COMMUNICATIONS COMMISSION DO-NOT-CALL

REGULATIONS.

Not later than 180 days after the date of enactment of this

Act, the Federal Communications Commission shall issue a final

rule pursuant to the rulemaking proceeding that it began on September 18, 2002, under the Telephone Consumer Protection Act

(47 U.S.C. 227 et seq.). In issuing such rule, the Federal Communications Commission shall consult and coordinate with the Federal

Trade Commission to maximize consistency with the rule promulgated by the Federal Trade Commission (16 CFR 310.4(b)).

SEC. 4. REPORTING REQUIREMENTS.

(a) REPORT ON REGULATORY COORDINATION.—Within 45 days

after the promulgation of a final rule by the Federal Communications Commission as required by section 3, the Federal Trade

Commission and the Federal Communications Commission shall

each transmit to the Committee on Energy and Commerce of the
H. R. 395—2

House of Representatives and the Committee on Commerce, Science,

and Transportation of the Senate a report which shall include—

(1) an analysis of the telemarketing rules promulgated

by both the Federal Trade Commission and the Federal

Communications Commission;

(2) any inconsistencies between the rules promulgated by

each such Commission and the effect of any such inconsistencies

on consumers, and persons paying for access to the registry;

and

(3) proposals to remedy any such inconsistencies.

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

2007, the Federal Trade Commission and the Federal Communications Commission shall each transmit an annual report to the

Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation

of the Senate a report which shall include—

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

(2) the number of consumers who have placed their telephone numbers on the registry;

(3) the number of persons paying fees for access to the

registry and the amount of such fees;

(4) an analysis of the progress of coordinating the operation

and enforcement of the ‘‘do-not-call’’ registry with similar registries established and maintained by the various States;

(5) an analysis of the progress of coordinating the operation

and enforcement of the ‘‘do-not-call’’ registry with the enforcement activities of the Federal Communications Commission

pursuant to the Telephone Consumer Protection Act (47 U.S.C.

227 et seq.); and

(6) a review of the enforcement proceedings under the

Telemarketing Sales Rule (16 CFR 310), in the case of the

Federal Trade Commission, and under the Telephone Consumer

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

Communications Commission.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.