[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 781 Enrolled Bill (ENR)]
S.781
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To extend the authority of the Federal Trade Commission to collect Do-
Not-Call Registry fees to fiscal years after fiscal year 2007.
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 Registry Fee Extension
Act of 2007''.
SEC. 2. FEES FOR ACCESS TO REGISTRY.
Section 2, of the Do-Not-Call Implementation Act (15 U.S.C. 6101
note) is amended to read as follows:
``SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES.
``(a) In General.--The Federal Trade Commission shall assess and
collect an annual fee pursuant to this section in order to implement
and enforce the `do-not-call' registry as provided for in section
310.4(b)(1)(iii) of title 16, Code of Federal Regulations, or any other
regulation issued by the Commission under section 3 of the
Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C.
6102).
``(b) Annual Fees.--
``(1) In general.--The Commission shall charge each person who
accesses the `do-not-call' registry an annual fee that is equal to
the lesser of--
``(A) $54 for each area code of data accessed from the
registry; or
``(B) $14,850 for access to every area code of data
contained in the registry.
``(2) Exception.--The Commission shall not charge a fee to any
person--
``(A) for accessing the first 5 area codes of data; or
``(B) for accessing area codes of data in the registry if
the person is permitted to access, but is not required to
access, the `do-not-call' registry under section 310 of title
16, Code of Federal Regulations, section 64.1200 of title 47,
Code of Federal Regulations, or any other Federal regulation or
law.
``(3) Duration of access.--
``(A) In general.--The Commission shall allow each person
who pays the annual fee described in paragraph (1), each person
excepted under paragraph (2) from paying the annual fee, and
each person excepted from paying an annual fee under section
310.4(b)(1)(iii)(B) of title 16, Code of Federal Regulations,
to access the area codes of data in the `do-not-call' registry
for which the person has paid during that person's annual
period.
``(B) Annual period.--In this paragraph, the term `annual
period' means the 12-month period beginning on the first day of
the month in which a person pays the fee described in paragraph
(1).
``(c) Additional Fees.--
``(1) In general.--The Commission shall charge a person
required to pay an annual fee under subsection (b) an additional
fee for each additional area code of data the person wishes to
access during that person's annual period.
``(2) Rates.--For each additional area code of data to be
accessed during the person's annual period, the Commission shall
charge--
``(A) $54 for access to such data if access to the area
code of data is first requested during the first 6 months of
the person's annual period; or
``(B) $27 for access to such data if access to the area
code of data is first requested after the first 6 months of the
person's annual period.
``(d) Adjustment of Fees.--
``(1) In general.--
``(A) Fiscal year 2009.--The dollar amount described in
subsection (b) or (c) is the amount to be charged for fiscal
year 2009.
``(B) Fiscal years after 2009.--For each fiscal year
beginning after fiscal year 2009, each dollar amount in
subsection (b)(1) and (c)(2) shall be increased by an amount
equal to--
``(i) the dollar amount in paragraph (b)(1) or (c)(2),
whichever is applicable, multiplied by
``(ii) the percentage (if any) by which the CPI for the
most recently ended 12-month period ending on June 30
exceeds the baseline CPI.
``(2) Rounding.--Any increase under subparagraph (B) shall be
rounded to the nearest dollar.
``(3) Changes less than 1 percent.--The Commission shall not
adjust the fees under this section if the change in the CPI is less
than 1 percent.
``(4) Publication.--Not later than September 1 of each year the
Commission shall publish in the Federal Register the adjustments to
the applicable fees, if any, made under this subsection.
``(5) Definitions.--In this subsection:
``(A) CPI.--The term `CPI' means the average of the monthly
consumer price index (for all urban consumers published by the
Department of Labor).
``(B) Baseline CPI.--The term `baseline CPI' means the CPI
for the 12-month period ending June 30, 2008.
``(e) Prohibition Against Fee Sharing.--No person may enter into or
participate in an arrangement (as such term is used in section 310.8(c)
of the Commission's regulations (16 C.F.R. 310.8(c))) to share any fee
required by subsection (b) or (c), including any arrangement to divide
the costs to access the registry among various clients of a
telemarketer or service provider.
``(f) Handling of Fees.--
``(1) In general.--The Commission shall deposit and credit as
offsetting collections any fee collected under this section in the
account `Federal Trade Commission--Salaries and Expenses', and such
sums shall remain available until expended.
``(2) Limitation.--No amount shall be collected as a fee under
this section for any fiscal year except to the extent provided in
advance by appropriations Acts.''.
SEC. 3. REPORT.
Section 4 of the Do-Not-Call Implementation Act (15 U.S.C. 6101
note) is amended to read as follows:
``SEC. 4. REPORTING REQUIREMENTS.
``(a) Biennial Reports.--Not later than December 31, 2009, and
biennially thereafter, 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 number of consumers who have placed their telephone
numbers on the registry;
``(2) the number of persons paying fees for access 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 relationship
exception on businesses and consumers.
``(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 enforcement.''.
SEC. 4. RULEMAKING.
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) made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.