[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 395 Enrolled Bill (ENR)]

        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 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.