[Congressional Record Volume 147, Number 49 (Thursday, April 5, 2001)]
[Senate]
[Page S3552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRIST (for himself, Mr. Reed, and Mr. Lugar):
  S. 722. A bill to amend the Communications Act of 1934 to prohibit 
telemarketers from interfering with the caller identification service 
of any person to whom a telephone solicitation is made, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. FRIST. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 722

       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 ``Telemarketer Identification 
     Act of 2001''.

     SEC. 2. PROHIBITION ON INTERFERENCE WITH CALLER 
                   IDENTIFICATION SERVICES.

       (a) In General.--Section 227 of the Communications Act of 
     1934 (47 U.S.C. 227) is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Prohibition on Interference With Caller 
     Identification Services.--
       ``(1) In general.--It shall be unlawful for any person or 
     entity within the United States, in making any commercial 
     telephone solicitation, to interfere with or circumvent the 
     ability of a caller identification service to access or 
     provide to the recipient of the call the information about 
     the call (as required under the regulations issued under 
     paragraph (2)) that such service is capable of providing.
       ``(2) Regulations.--Not later than 18 months after the date 
     of the enactment of the Telemarketer Identification Act of 
     2001, the Commission shall prescribe regulations to implement 
     this subsection. The regulations shall--
       ``(A) require any person or entity making a commercial 
     telephone solicitation to make such solicitation in a manner 
     such that a recipient of such solicitation having a caller 
     identification service capable of providing such information 
     will be provided by such service with--
       ``(i) the name of the person or entity on whose behalf such 
     solicitation is being made, or the name of the person or 
     entity making the solicitation; and
       ``(ii) a valid and working telephone number at which the 
     person or entity making such solicitation or the person or 
     entity on whose behalf such solicitation was made may be 
     reached during regular business hours for the purpose of 
     requesting that the recipient of such solicitation be placed 
     on the do-not-call list required under section 64.1200 of the 
     Commission's regulations (47 CFR 64.1200) to be maintained by 
     the person making such solicitation; and
       ``(B) provide that any person or entity who receives a 
     request from a person to be placed on such do-not-call list 
     may not use such person's name and telephone number for any 
     other telemarketing purpose (including transfer or sale to 
     any other entity for telemarketing use) other than 
     enforcement of such list.
       ``(3) Private right of action.--A person or entity may, if 
     otherwise permitted by the laws or rules of court of a State, 
     bring in an appropriate court of that State--
       ``(A) an action based on a violation of this subsection or 
     the regulations prescribed under this subsection to enjoin 
     such violation;
       ``(B) an action to recover for actual monetary loss from 
     such a violation, or to receive $500 in damages for each such 
     violation, whichever is greater; or
       ``(C) both such actions.

     If the court finds that the defendant willfully or knowingly 
     violated this subsection or the regulations prescribed under 
     this subsection, the court may, in its discretion, increase 
     the amount of the award to an amount equal to not more than 3 
     times the amount available under subparagraph (B).
       ``(4) Definitions.--In this subsection:
       ``(A) Caller identification service.--The term `caller 
     identification service' means any service or device designed 
     to provide the user of the service or device with the 
     telephone number of an incoming telephone call.
       ``(B) Telephone call.--The term `telephone call' means any 
     telephone call or other transmission which is made to or 
     received at a telephone number of any type of telephone 
     service. Such term includes calls made by an automatic 
     telephone dialing system, an integrated services digital 
     network, and a commercial mobile radio source.''.
       (b) Delayed Effective Date.--
       (1) In general.--The regulations prescribed by the Federal 
     Communications Commission under subsection (e) of section 227 
     of the Communications Act of 1934, as added by subsection 
     (a), shall take effect on the date that is two years after 
     the date of the enactment of this Act.
       (2) Additional delay for good cause shown.--The Commission 
     may grant a wavier from compliance with the regulations 
     referred to in paragraph (1) for a period of not more than 24 
     months upon application (made at such time, in such form, and 
     containing such information as the Commission may require), 
     and after notice to the public and an opportunity for 
     comment, to any person who demonstrates to the satisfaction 
     of the Commission that--
       (A) it will comply with the regulations before the 
     expiration of the period of time for which the waiver is 
     requested;
       (B) without the requested waiver, timely compliance with 
     the regulations would be technically infeasible because of 
     technical problems associated with the telecommunications 
     equipment used by the applicant; and
       (C) replacement or upgrading of the telecommunications 
     equipment used by the applicant in order to comply with the 
     regulations in a timely manner without the waiver--
       (i) would impose an unduly onerous financial burden on the 
     applicant;
       (ii) is not feasible because the equipment, software, or 
     technical assistance necessary for the replacement or upgrade 
     is not available; or
       (iii) cannot be completed before the effective date of the 
     regulations.

     SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS.

       (a) Effect on State Law.--Subsection (f)(1) of section 227 
     of the Communications Act of 1934 (47 U.S.C. 227), as 
     redesignated by section 2 of this Act, is further amended--
       (1) in subparagraph (C), by striking ``or'' at the end;
       (2) in subparagraph (D), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(E) interfering with or circumventing caller 
     identification services.''.
       (b) Actions by States.--The first sentence of subsection 
     (g)(1) of such section 227, as so redesignated, is further 
     amended by inserting after ``this section,'' the following: 
     ``or has engaged or is engaging in a pattern or practice of 
     interfering with or circumventing caller identification 
     services of residents of that State in violation of 
     subsection (e) or the regulations prescribed under such 
     subsection,''.
                                 ______