15 U.S.C. § 6155 — Prohibition of expiration date

Page 2226 TITLE 15—COMMERCE AND TRADE § 6153 extent provided in advance by appropriations Acts. (Pub. L. 108–10, § 2, Mar. 11, 2003, 117 Stat. 557; Pub. L. 110–188, § 2, Feb. 15, 2008, 122 Stat. 635.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–188 amended section generally. Prior to amendment, text read as follows: ‘‘The Federal Trade Commission may promulgate regulations estab- lishing 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)), pro- mulgated 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 cred- ited 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 ap- propriations Acts. Such amounts shall be available for expenditure only to offset the costs of activities and services related to the implementation and enforce- ment of the Telemarketing Sales Rule, and other ac- tivities resulting from such implementation and en- forcement.’’ Statutory Notes and Related Subsidiaries RULEMAKING Pub. L. 110–188, § 4, Feb. 15, 2008, 122 Stat. 637, provided that: ‘‘The Federal Trade Commission may issue rules, in accordance with section 553 of title 5, United States Code, as necessary and appropriate to carry out the amendments to the Do-Not-Call Implementation Act (15 U.S.C. 6101 note) [now this chapter] made by this Act [amending this section and section 6154 of this title].’’ § 6153. Federal Communications Commission do- not-call regulations Not later than 180 days after March 11, 2003, 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 con- sult and coordinate with the Federal Trade Commission to maximize consistency with the rule promulgated by the Federal Trade Commis- sion (16 CFR 310.4(b)). (Pub. L. 108–10, § 3, Mar. 11, 2003, 117 Stat. 557.) Editorial Notes REFERENCES IN TEXT The Telephone Consumer Protection Act, referred to in text, probably means the Telephone Consumer Pro- tection Act of 1991, Pub. L. 102–243, Dec. 20, 1991, 105 Stat. 2394, which enacted section 227 of Title 47, Tele- communications, amended sections 152 and 331 of Title 47, and enacted provisions set out as notes under sec- tions 227 and 609 of Title 47. For complete classification of this Act to the Code, see Short Title of 1991 Amend- ment note set out under section 609 of Title 47 and Ta- bles. § 6154. Reporting requirements (a) Biennial reports Not later than December 31, 2009, and bienni- ally thereafter, the Federal Trade Commission, in consultation with the Federal Communica- tions Commission, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representa- tives Committee on Energy and Commerce that includes— (1) the number of consumers who have placed their telephone numbers on the reg- istry; (2) the number of persons paying fees for ac- cess to the registry and the amount of such fees; (3) the impact on the ‘‘do-not-call’’ registry of— (A) the 5-year reregistration requirement; (B) new telecommunications technology; and (C) number portability and abandoned telephone numbers; and (4) the impact of the established business re- lationship exception on businesses and con- sumers. (b) Additional report Not later than December 31, 2009, the Federal Trade Commission, in consultation with the Federal Communications Commission, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce that includes— (1) the effectiveness of do-not-call outreach and enforcement efforts with regard to senior citizens and immigrant communities; (2) the impact of the exceptions to the do- not-call registry on businesses and consumers, including an analysis of the effectiveness of the registry and consumer perceptions of the registry’s effectiveness; and (3) the impact of abandoned calls made by predictive dialing devices on do-not-call en- forcement. (Pub. L. 108–10, § 4, Mar. 11, 2003, 117 Stat. 557; Pub. L. 110–188, § 3, Feb. 15, 2008, 122 Stat. 637.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–188 amended section generally. Prior to amendment, section related to reports on regulatory coordination between Federal Trade Commission and Federal Communications Commission and reports on ‘‘do-not-call’’ registry for fiscal years 2003 through 2007. § 6155. Prohibition of expiration date (a) No automatic removal of numbers Telephone numbers registered on the national ‘‘do-not-call’’ registry of the Telemarketing Sales Rule (16 CFR 310.4(b)(1)(iii)) since the es- tablishment of the registry and telephone num- bers registered on such registry after March 11, 2003, shall not be removed from such registry ex- cept as provided for in subsection (b) or upon the request of the individual to whom the telephone number is assigned. Page 2227 TITLE 15—COMMERCE AND TRADE § 6203 (b) Removal of invalid, disconnected, and reas- signed telephone numbers The Federal Trade Commission shall periodi- cally check telephone numbers registered on the national ‘‘do-not-call’’ registry against national or other appropriate databases and shall remove from such registry those telephone numbers that have been disconnected and reassigned. Nothing in this section prohibits the Federal Trade Commission from removing invalid tele- phone numbers from the registry at any time. (Pub. L. 108–10, § 5, as added Pub. L. 110–187, § 2, Feb. 15, 2008, 122 Stat. 633.) CHAPTER 88—INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE Sec. 6201. Disclosure to foreign antitrust authority of antitrust evidence. 6202. Investigations to assist foreign antitrust au- thority in obtaining antitrust evidence. 6203. Jurisdiction of district courts of United States. 6204. Limitations on authority. 6205. Exception to certain disclosure restrictions. 6206. Publication requirements applicable to anti- trust mutual assistance agreements. 6207. Conditions on use of antitrust mutual assist- ance agreements. 6208. Limitations on judicial review. 6209. Preservation of existing authority. 6210. Report to Congress. 6211. Definitions. 6212. Authority to receive reimbursement. § 6201. Disclosure to foreign antitrust authority of antitrust evidence In accordance with an antitrust mutual assist- ance agreement in effect under this chapter, subject to section 6207 of this title, and except as provided in section 6204 of this title, the Attor- ney General of the United States and the Fed- eral Trade Commission may provide to a foreign antitrust authority with respect to which such agreement is in effect under this chapter, anti- trust evidence to assist the foreign antitrust au- thority— (1) in determining whether a person has vio- lated or is about to violate any of the foreign antitrust laws administered or enforced by the foreign antitrust authority, or (2) in enforcing any of such foreign antitrust laws. (Pub. L. 103–438, § 2, Nov. 2, 1994, 108 Stat. 4597.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in original ‘‘this Act’’, meaning Pub. L. 103–438, Nov. 2, 1994, 108 Stat. 4597, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 103–438, § 1, Nov. 2, 1994, 108 Stat. 4597, pro- vided that: ‘‘This Act [enacting this chapter and amending sections 46, 57b–1, 1311, and 1312 of this title] may be cited as the ‘International Antitrust Enforce- ment Assistance Act of 1994’.’’ § 6202. Investigations to assist foreign antitrust authority in obtaining antitrust evidence (a) Request for investigative assistance A request by a foreign antitrust authority for investigative assistance under this section shall be made to the Attorney General, who may deny the request in whole or in part. No further ac- tion shall be taken under this section with re- spect to any part of a request that has been de- nied by the Attorney General. (b) Authority to investigate In accordance with an antitrust mutual assist- ance agreement in effect under this chapter, subject to section 6207 of this title, and except as provided in section 6204 of this title, the Attor- ney General and the Commission may, using their respective authority to investigate pos- sible violations of the Federal antitrust laws, conduct investigations to obtain antitrust evi- dence relating to a possible violation of the for- eign antitrust laws administered or enforced by the foreign antitrust authority with respect to which such agreement is in effect under this chapter, and may provide such antitrust evi- dence to the foreign antitrust authority, to as- sist the foreign antitrust authority— (1) in determining whether a person has vio- lated or is about to violate any of such foreign antitrust laws, or (2) in enforcing any of such foreign antitrust laws. (c) Special scope of authority An investigation may be conducted under sub- section (b), and antitrust evidence obtained through such investigation may be provided, without regard to whether the conduct inves- tigated violates any of the Federal antitrust laws. (d) Rights and privileges preserved A person may not be compelled in connection with an investigation under this section to give testimony or a statement, or to produce a docu- ment or other thing, in violation of any legally applicable right or privilege. (Pub. L. 103–438, § 3, Nov. 2, 1994, 108 Stat. 4597.) Editorial Notes CODIFICATION Section is comprised of section 3 of Pub. L. 103–438. Subsec. (e) of section 3 of Pub. L. 103–438 amended sec- tions 46, 57b–1, 1311, and 1312 of this title. § 6203. Jurisdiction of district courts of United States (a) Authority of district courts On the application of the Attorney General made in accordance with an antitrust mutual assistance agreement in effect under this chap- ter, the United States district court for the dis- trict in which a person resides, is found, or transacts business may order such person to give testimony or a statement, or to produce a document or other thing, to the Attorney Gen- eral to assist a foreign antitrust authority with respect to which such agreement is in effect under this chapter—