108TH CONGRESS

1ST SESSION H. R. 395

AN ACT

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

108TH CONGRESS

1ST SESSION H. R. 395

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Do-Not-Call Imple3 mentation Act’’.

4 SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REG5 ISTRY FEES.

6 The Federal Trade Commission may promulgate reg7 ulations establishing fees sufficient to implement and en8 force the provisions relating to the ‘‘do-not-call’’ registry

9 of the Telemarketing Sales Rule (16 CFR

10 310.4(b)(1)(iii)), promulgated under the Telemarketing

11 and Consumer Fraud and Abuse Prevention Act (15

12 U.S.C. 6101 et seq.). Such regulations shall be promul13 gated in accordance with section 553 of title 5, United

14 States Code. Fees may be collected pursuant to this sec15 tion for fiscal years 2003 through 2007, and shall be de16 posited and credited as offsetting collections to the ac17 count, Federal Trade Commission—Salaries and Ex18 penses, and shall remain available until expended. No

19 amounts shall be collected as fees pursuant to this section

20 for such fiscal years except to the extent provided in ad21 vance in appropriations Acts. Such amounts shall be avail22 able for expenditure only to offset the costs of activities

23 and services related to the implementation and enforce24 ment of the Telemarketing Sales Rule, and other activities

25 resulting from such implementation and enforcement.
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1 SEC. 3. FEDERAL COMMUNICATIONS COMMISSION DO-NOT2 CALL REGULATIONS.

3 Not later than 180 days after the date of enactment

4 of this Act, the Federal Communications Commission shall

5 issue a final rule pursuant to the rulemaking proceeding

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

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

8 issuing such rule, the Federal Communications Commis9 sion shall consult and coordinate with the Federal Trade

10 Commission to maximize consistency with the rule promul11 gated by the Federal Trade Commission (16 CFR

12 310.4(b)).

13 SEC. 4. REPORTING REQUIREMENTS.

14 (a) REPORT ON REGULATORY COORDINATION.—

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

16 the Federal Communications Commission as required by

17 section 3, the Federal Trade Commission and the Federal

18 Communications Commission shall each transmit to the

19 Committee on Energy and Commerce of the House of

20 Representatives and the Committee on Commerce,

21 Science, and Transportation of the Senate a report which

22 shall include—

23 (1) an analysis of the telemarketing rules pro24 mulgated by both the Federal Trade Commission

25 and the Federal Communications Commission;
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1 (2) any inconsistencies between the rules pro2 mulgated by each such Commission and the effect of

3 any such inconsistencies on consumers, and persons

4 paying for access to the registry; and

5 (3) proposals to remedy any such inconsist6 encies.

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

8 through 2007, the Federal Trade Commission and the

9 Federal Communications Commission shall each transmit

10 an annual report to the Committee on Energy and Com11 merce of the House of Representatives and the Committee

12 on Commerce, Science, and Transportation of the Senate

13 a report which shall include—

14 (1) an analysis of the effectiveness of the ‘‘do15 not-call’’ registry as a national registry;

16 (2) the number of consumers who have placed

17 their telephone numbers on the registry;

18 (3) the number of persons paying fees for ac19 cess to the registry and the amount of such fees;

20 (4) an analysis of the progress of coordinating

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

22 registry with similar registries established and main23 tained by the various States;

24 (5) an analysis of the progress of coordinating

25 the operation and enforcement of the ‘‘do-not-call’’
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1 registry with the enforcement activities of the Fed2 eral Communications Commission pursuant to the

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

4 et seq.); and

5 (6) a review of the enforcement proceedings

6 under the Telemarketing Sales Rule (16 CFR 310),

7 in the case of the Federal Trade Commission, and

8 under the Telephone Consumer Protection Act (47

9 U.S.C. 227 et seq.), in the case of the Federal Com10 munications Commission.

Passed the House of Representatives February 12,

2003.

Attest:

Clerk.