[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 526 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 526

To direct certain Federal agencies to issue rules that coordinate with 
    the establishment by the Federal Trade Commission of a list of 
  telephone numbers of consumers who do not want to receive telephone 
                   calls for telemarketing purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2003

 Mrs. Johnson of Connecticut (for herself and Mr. Simmons) introduced 
 the following bill; which was referred to the Committee on Energy and 
 Commerce, and in addition to the Committees on Financial Services and 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To direct certain Federal agencies to issue rules that coordinate with 
    the establishment by the Federal Trade Commission of a list of 
  telephone numbers of consumers who do not want to receive telephone 
                   calls for telemarketing 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 ``Telemarketing Relief Act of 2003''.

SEC. 2. ESTABLISHMENT OF TELEMARKETER NO-CALL RULES BY FEDERAL 
              AGENCIES.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the agencies identified in subsection (b) shall issue 
rules that are substantially similar to the Telemarketing Sales Rule 
promulgated by the Federal Trade Commission (16 C.F.R. 310).
    (b) Agencies Required to Issue Rules.--
            (1) The Securities and Exchange Commission shall promulgate 
        rules required by subsection (a) pursuant to section 3(d) of 
        the Telemarketing and Consumer Fraud and Abuse Prevention Act 
        (15 U.S.C. 6102(d)), subject to the exception set forth in 
        section 3(d)(1)(B) of that Act.
            (2) The Commodity Futures Trading Commission shall 
        promulgate rules required by subsection (a) pursuant to section 
        6(f) of the Commodity Exchange Act (7 U.S.C. 9b), subject to 
        the exceptions set forth in paragraph (2) of that section.
            (3) The Board of Governors of the Federal Reserve System, 
        the Federal Home Loan Bank Board, and the National Credit Union 
        Administration Board shall each promulgate rules required by 
        subsection (a) pursuant to section 18(f) of the Federal Trade 
        Commission Act (15 U.S.C. 57a), subject to the exceptions set 
        forth in clauses (A) and (B) of paragraph (1) of that section.
    (c) Federal Communication Commission Rules.--
            (1) Promulgation.--Not later than 90 days after the date of 
        enactment of this Act, the Federal Communications Commission 
        shall promulgate rules substantially similar to the 
        Telemarketing Sales Rule promulgated by the Federal Trade 
        Commission (16 C.F.R. 310).
            (2) Application.--The rules promulgated by the Federal 
        Communications Commission under paragraph (1) shall apply to 
        telephone solicitations, as defined under section 227(a)(3) of 
        the Communications Act of 1934 (47 U.S.C. 227(a)(3)).
            (3) Enforcement.--Rules issued by the Federal 
        Communications Commission under this Act shall be enforced by 
        the Federal Communications Commission in the same manner as 
        rules issued by the Commission under the Communications Act of 
        1934 (47 U.S.C. 151 et seq.)
    (d) Enforcement of No-Call List Maintained by Federal Trade 
Commission.--Rules issued under this section shall prohibit the making 
of any telephone call for telemarketing purposes to a telephone number 
included on the registry established and published by the Federal Trade 
Commission under the Telemarketing Sales Rule (16 C.F.R. 310).

SEC. 3. EXCEPTIONS.

     The rules under this Act shall not prohibit use of a telephone 
number of a consumer for any of the following:
            (1) Charitable, political opinion polling or other 
        political activities, or other nonprofit activities.
            (2) Use with the consumer's prior written or verbal 
        permission.
            (3) Use primarily in connection with an existing debt of 
        the consumer or contract with the consumer that has not been 
        paid or performed, respectively.
            (4) Compilation, by a provider of telephone exchange 
        service or telephone toll service as defined under section 3 of 
        the Communications Act of 1934 (47 U.S.C. 153), of a directory 
        of telephone numbers of that provider.
            (5) Use by one business to communicate with another 
        business.
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