I 

108TH CONGRESS 

1ST SESSION H. R. 526

To direct certain Federal agencies to issue rules that coordinate with the 

establishment by the Federal Trade Commission of a list of telephone 

numbers of consumers who do not want to receive telephone calls for 

telemarketing purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2003

Mrs. JOHNSON of Connecticut (for herself and Mr. SIMMONS) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services and Agriculture, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To direct certain Federal agencies to issue rules that coordinate with the establishment by the Federal Trade Commission of a list of telephone numbers of consumers 

who do not want to receive telephone calls for telemarketing 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 ‘‘Telemarketing Relief 

5 Act of 2003’’. 
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1 SEC. 2. ESTABLISHMENT OF TELEMARKETER NO-CALL 

2 RULES BY FEDERAL AGENCIES. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of this Act, the agencies identified in 

5 subsection (b) shall issue rules that are substantially simi6 lar to the Telemarketing Sales Rule promulgated by the 

7 Federal Trade Commission (16 C.F.R. 310). 

8 (b) AGENCIES REQUIRED TO ISSUE RULES.—

9 (1) The Securities and Exchange Commission 

10 shall promulgate rules required by subsection (a) 

11 pursuant to section 3(d) of the Telemarketing and 

12 Consumer Fraud and Abuse Prevention Act (15 

13 U.S.C. 6102(d)), subject to the exception set forth 

14 in section 3(d)(1)(B) of that Act. 

15 (2) The Commodity Futures Trading Commis16 sion shall promulgate rules required by subsection 

17 (a) pursuant to section 6(f) of the Commodity Ex18 change Act (7 U.S.C. 9b), subject to the exceptions 

19 set forth in paragraph (2) of that section. 

20 (3) The Board of Governors of the Federal Re21 serve System, the Federal Home Loan Bank Board, 

22 and the National Credit Union Administration 

23 Board shall each promulgate rules required by sub24 section (a) pursuant to section 18(f) of the Federal 

25 Trade Commission Act (15 U.S.C. 57a), subject to 
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1 the exceptions set forth in clauses (A) and (B) of 

2 paragraph (1) of that section. 

3 (c) FEDERAL COMMUNICATION COMMISSION

4 RULES.—

5 (1) PROMULGATION.—Not later than 90 days 

6 after the date of enactment of this Act, the Federal 

7 Communications Commission shall promulgate rules 

8 substantially similar to the Telemarketing Sales 

9 Rule promulgated by the Federal Trade Commission 

10 (16 C.F.R. 310). 

11 (2) APPLICATION.—The rules promulgated by 

12 the Federal Communications Commission under 

13 paragraph (1) shall apply to telephone solicitations, 

14 as defined under section 227(a)(3) of the Commu15 nications Act of 1934 (47 U.S.C. 227(a)(3)). 

16 (3) ENFORCEMENT.—Rules issued by the Fed17 eral Communications Commission under this Act 

18 shall be enforced by the Federal Communications 

19 Commission in the same manner as rules issued by 

20 the Commission under the Communications Act of 

21 1934 (47 U.S.C. 151 et seq.) 

22 (d) ENFORCEMENT OF NO-CALL LIST MAINTAINED

23 BY FEDERAL TRADE COMMISSION.—Rules issued under 

24 this section shall prohibit the making of any telephone call 

25 for telemarketing purposes to a telephone number included 
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1 on the registry established and published by the Federal 

2 Trade Commission under the Telemarketing Sales Rule 

3 (16 C.F.R. 310). 

4 SEC. 3. EXCEPTIONS. 

5 The rules under this Act shall not prohibit use of a 

6 telephone number of a consumer for any of the following: 

7 (1) Charitable, political opinion polling or other 

8 political activities, or other nonprofit activities. 

9 (2) Use with the consumer’s prior written or 

10 verbal permission. 

11 (3) Use primarily in connection with an existing 

12 debt of the consumer or contract with the consumer 

13 that has not been paid or performed, respectively. 

14 (4) Compilation, by a provider of telephone ex15 change service or telephone toll service as defined 

16 under section 3 of the Communications Act of 1934 

17 (47 U.S.C. 153), of a directory of telephone num18 bers of that provider. 

19 (5) Use by one business to communicate with 

20 another business.

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