Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Do-Not-Call Imple-
mentation Act’’. 
SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REG-
ISTRY FEES. 
The Federal Trade Commission may promulgate reg-
ulations establishing fees sufficient to implement and en-
force the provisions relating to the ‘‘do-not-call’’ registry 
of 
the 
Telemarketing 
Sales 
Rule 
(16 
C.F.R. 
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 promul-
gated in accordance with section 553 of title 5, United 
States Code. Fees may be collected pursuant to this sec-
tion for fiscal years 2003 through 2007, and shall be de-
posited and credited as offsetting collections to the ac-
count, Federal Trade Commission—Salaries and Ex-
penses, 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 ad-
vance in appropriations Acts. Such amounts shall be avail-
able for expenditure only to offset the costs of activities 
and services related to the implementation and enforce-
ment 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 Commis-
sion shall consult and coordinate with the Federal Trade 
Commission to maximize consistency with the rule promul-
gated by the Federal Trade Commission (16 C.F.R. 
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 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 pro-
mulgated by both the Federal Trade Commission 
and the Federal Communications Commission; 
(2) any inconsistencies between the rules pro-
mulgated 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 inconsist-
encies. 
(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 Com-
merce 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 ac-
cess 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 main-
tained 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 Fed-
eral 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 C.F.R. 
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.
Union Calendar No. 5
108TH CONGRESS 
1ST SESSION 
H. R. 395
[Report No. 108–8] 
A BILL 
To authorize the Federal Trade Commission to col-
lect fees for the implementation and enforcement 
of a ‘‘do-not-call’’ registry, and for other pur-
poses. 
FEBRUARY 11, 2003
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed