[Congressional Record (Bound Edition), Volume 149 (2003), Part 3]
[Senate]
[Page 4080]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     DO-NOT-CALL IMPLEMENTATION ACT

  Mr. FRIST. Madam President, I ask unanimous consent that the Senate 
immediately proceed to H.R. 395, which is being held at the desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCAIN. Madam President, I am pleased that the Senate will pass 
H.R. 395, the Do-Not-Call Implementation Act, which was overwhelmingly 
approved by the House of Representatives yesterday.
  All of us have been plagued by unwanted solicitations by 
telemarketers. Recently, the Federal Trade Commission did something 
about this and proposed regulations to create a national do no call 
registry that consumers can sign up for to avoid unwanted 
solicitations.
  H.R. 395 authorizes the Federal Trade Commission, FTC, to collect 
offsetting fees from telemarketers to implement and enforce the 
registry as part of the Telemarketing Sales Rule. The legislation would 
authorize the FTC to collect these fees from telemarketers for Fiscal 
Years 2003 through 2007, and to move forward this year on setting up 
this much-needed registry. The legislation also directs the Federal 
Communications Commission to conclude its own rulemaking regarding 
telemarketing calls which, given the FTC's lack of jurisdiction over 
certain industries, is an important component in creating an effective 
and comprehensive do not call option for consumers.
  A one-stop option for consumers is overdue. In 1991, the Telephone 
Consumer Protection Act directed the Federal Communications Commission, 
FCC, to conduct a rulemaking to protect the privacy rights of 
residential telephone subscribers. The FCC could have enacted a 
national registry at that time, but chose instead to require 
telemarketers to maintain their own individual do not call lists. This 
means that at present, most consumers must contact, individually, every 
telemarketer who they do not want to call them. This far less than 
consumer-friendly regime has spurred more than twenty-five States to 
create their own do-not-call registries. I understand that many of 
these states support a national registry because maintenance of their 
lists is often burdensome, costly, and difficult to enforce. A national 
registry will not preempt these state laws. Rather, States will work in 
partnership with the national registry by sharing information and 
enforcement abilities. Harmonizing the FTC regulations with those of 
the FCC and the states, as I hope will soon occur, will give consumers 
and businesses alike a much more user-friendly system.
  I recognize the importance of telemarketing to our economy and 
particularly to new competitors' market entry. Consumers, nevertheless, 
should be given a choice to opt out of receiving commercial 
solicitations, and the national do-not-call list proposed by the FTC 
gives them this option. The FTC has endeavored to balance the interests 
of consumers against the interest businesses have in communicating with 
existing customers and attracting new ones.
  I commend the Federal Trade Commissioners and the FTC staff for their 
work on this issue, and thank my colleagues for supporting this 
measure.
  Mr. FRIST. Madam President, I ask unanimous consent that the bill be 
read the third time, passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 395) was read the third time and passed.

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