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H.R. 395 (108th): Do-Not-Call Implementation Act


The text of the bill below is as of Feb 13, 2003 (Received by the Senate).


HR 395 RDS

108th CONGRESS

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.