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.

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

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.

END