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Pub.L. 108-011 Making emergency wartime supplemental appropriations for the fiscal year 2003, and for other purposes. <> ...


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[[Page 117 STAT. 557]]

Public Law 108-10
108th Congress

                                 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. <<NOTE: Mar. 11, 2003 -  [H.R. 395]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Do-Not-Call Implementation 
Act. 15 USC 6101 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Do-Not-Call Implementation Act''.

SEC. 2. <<NOTE: 15 USC 6101 note.>> 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. <<NOTE: 15 USC 6101 note.>> FEDERAL COMMUNICATIONS COMMISSION 
            DO-NOT-CALL REGULATIONS.

    Not <<NOTE: Deadline.>> 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. <<NOTE: 15 USC 6101 note.>> REPORTING REQUIREMENTS.

    (a) Report <<NOTE: Deadline.>>  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

[[Page 117 STAT. 558]]

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.

    Approved March 11, 2003.

LEGISLATIVE HISTORY--H.R. 395:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-8 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Feb. 12, considered and passed House.
            Feb. 13, considered and passed Senate.

                                  <all>

Pages: 1

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