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 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 Sep-
tember 18, 2002, under the Telephone Consumer Protection Act
(47 U.S.C. 227 et seq.). In issuing such rule, the Federal Commu-
nications Commission shall consult and coordinate with the Federal
Trade Commission to maximize consistency with the rule promul-
gated 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 Communica-
tions 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 Communica-
tions Commission shall each transmit an annual report to the
Committee on Energy and Commerce of the House of Representa-
tives 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’’ reg-
istry as a national registry;
(2) the number of consumers who have placed their tele-
phone 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 reg-
istries 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 enforce-
ment 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.