[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 395 Received in Senate (RDS)]

  1st Session
                                H. R. 395


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2003

                                Received

_______________________________________________________________________

                                 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.

            Passed the House of Representatives February 12, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.