[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 395 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 395
To authorize the Federal Trade Commission to collect fees for the
implementation and enforcement of a ``do-not-call'' registry, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2003
Mr. Tauzin (for himself and Mr. Dingell) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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 C.F.R. 310.4(b)(1)(iii)), promulgated under the Telephone
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 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 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 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.
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