[Congressional Record Volume 153, Number 189 (Tuesday, December 11, 2007)]
[House]
[Pages H15265-H15267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DO-NOT-CALL REGISTRY FEE EXTENSION ACT OF 2007
Mr. BUTTERFIELD. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2601) to extend the authority of the Federal Trade
Commission to collect fees to administer and enforce the provisions
relating to the ``Do-not-call'' registry of the Telemarketing Sales
Rule, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2601
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;
[[Page H15266]]
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Butterfield) and the gentleman from Florida (Mr.
Stearns) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.
General Leave
Mr. BUTTERFIELD. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. BUTTERFIELD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this legislation, which we refer to as H.R. 2601, was
introduced by the distinguished ranking member of the Subcommittee on
Commerce, Trade, and Consumer Protection, my good friend Mr. Stearns
from the State of Florida. This bill is to extend the authority of the
Federal Trade Commission to collect the fees that administer and
enforce the provisions relating to the national do-not-call registry.
In 2003, Mr. Speaker, Congress passed the Do-Not-Call Implementation
Act, which authorized the FTC to establish fees sufficient to implement
the national do-not-call registry as originally authorized by the
Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994. I
don't think it's hyperbole, Mr. Speaker, to say that this may quite
possibly be one of the most popular laws and government initiatives in
our Nation's history. Consumers have registered more than 146 million
telephone numbers since the registry became operational in 2003.
The FTC's authority to annually establish the appropriate level of
fees to charge telemarketers for access to the registry expires, yes,
it expires in 2007, and Mr. Stearns's bill, as amended, in the Energy
and Commerce Committee renders that authority permanent. If Members of
Congress wish to avoid the wrath of millions of angry constituents who
are being called by telemarketers during dinner time, it is in our best
interest to facilitate the continuing operation of the do-not-call
registry and vote for this bill.
As is the case with the vast majority of the legislation passed out
of the subcommittee of which I am a member, this is a bipartisan bill.
I'm proud to say that, Mr. Speaker. We worked on this measure together.
This is a bipartisan bill that was crafted in consultation with the
appropriate agency of expertise, in this case the Federal Trade
Commission. The bill passed my subcommittee by a voice vote on October
23; and a week later, on October 30, it was unanimously approved by the
full Energy and Commerce Committee. It is fully deserving of quick
passage on the floor of the House today.
As usual, Mr. Speaker, the staff on both sides of the aisle worked
together on this bill, and with Ranking Member Stearns as well as
Ranking Member Barton of the full committee, they should all be
commended for their ongoing cooperation with the chairman, the
distinguished gentleman from Michigan (Mr. Dingell), and the
distinguished gentleman from Illinois (Mr. Rush), who chairs the
subcommittee.
So, Mr. Speaker, with that said, I am going to urge a ``yes'' vote.
Mr. Speaker, I reserve the balance of my time.
Mr. STEARNS. Mr. Speaker, I yield myself such time as I may consume.
I thank the gentleman from North Carolina for his support on this
important bill.
I rise in support of H.R. 2601, the Do-Not-Call Registry Fee
Extension Act of 2007. As the sponsor of the legislation and as ranking
member on the committee with jurisdiction over the Federal Trade
Commission and over consumer protection, I can assure the Members of
the body that this is a necessary piece of legislation. It will have an
immediate and meaningful impact on our constituents. I can remember
when we marked this up when I was chairman of the Subcommittee on
Commerce, Trade, and Consumer Protection and we started this whole
process rolling.
The national do-not-call registry was enacted by Congress to provide
citizens the ability to place their home phone numbers on a list that
prohibits unsolicited phone solicitations. My colleagues,
unfortunately, the authority of the Federal Trade Commission to collect
fees to maintain the registry has expired. This legislation simply
restores the commission's authority to collect the necessary fees to
maintain and update the registry and provides businesses with certainty
on the fees that they pay to access the registry.
The bill also includes input from both the Federal Trade Commission
and industry. We asked for their support. Substantively, the amended
legislation provides permanency for the program through a consistent
fee structure. This will help both business with predictability of fees
and help the Federal Trade Commission excel by providing certainty of
funding for this popular program, and this obviously makes budgeting
far easier from year to year.
The legislation also provides for certain biannual reports by the
Federal Trade Commission on the effectiveness of this registry that
will provide Congress with the necessary information to provide
adequate oversight, and that's important too, Mr. Speaker.
As the gentleman from North Carolina has mentioned, the popularity of
this program has been very high and success of the do-not-call registry
was confirmed by almost every member of our committee and their
district. Many of our constituents still express their gratitude for
enacting a simple law like this, the original law in providing a means
to stop unwanted commercial solicitation over their home phone.
For those who avail themselves of this option, and remember now, if
people out there want to use it, they have to call the toll-free number
to get it, but the people who avail themselves of this have expressed
satisfaction. They have experienced a noticeable decrease in phone
calls interrupting their dinner and their family life.
So I am proud to be a sponsor of the reauthorization legislation.
It's important that the act and the list continue in effect. This is
one example where our actions received near unanimous bipartisan
support here in Congress. Here we are with the omnibus budget bill and
all the controversy, but here is a good example of bipartisan support.
It brings in both the public, industry, and the Federal Trade
Commission. So I am confident that the reauthorization of the Do-not-
call Act is supported by millions of Americans who have placed their
number on the list. So I urge all Members to support and vote for this
bill.
Mr. Speaker, I yield back the balance of my time.
Mr. BUTTERFIELD. I want to thank the gentleman for his comments.
Mr. Speaker, I have no further requests for time, and I am ready to
close this out. But I am sure the American people will be very
appreciative that we are willing to extend this to become a permanent
program, the do-not-call registry.
Mr. DINGELL. Mr. Speaker, I rise in strong support of H.R. 2601, the
``Do-Not-Call Registry Fee Extension Act of 2007'', of which I am the
lead Democratic sponsor. This bill enjoys wide bipartisan support. Its
passage will help to ensure the continued operation of one of the most
popular Federal consumer protection programs ever adopted by the
Congress, the registry that allows consumers to list their phone
numbers and thereby protect themselves from unwanted telemarketing
phone calls.
Congress originally assigned the task of implementing and enforcing
the Do-Not-Call Registry to the Federal Communications Commission, but
they proved less than enthusiastic and nothing ensued. Congress then
directed the Federal Trade Commission (FTC) to perform these tasks. To
date, the Registry established by the FTC includes more than 145
million telephone numbers, and the FTC has initiated 27 cases alleging
Do-Not-Call violations, resulting in orders totaling $8.8 million in
civil
[[Page H15267]]
penalties and $8.6 million in redress or disgorgement. This is a proud
record indeed.
To maintain the success of this program, however, legislative action
is needed. The authority of the FTC to collect fees to support
maintenance of the Registry and the related enforcement program expired
at the end on September 2007. H.R. 2601, whose lead sponsor is Rep.
Stearns, will provide the FTC with a permanent fee structure for this
purpose, contingent on approval of the fees in annual appropriations
acts. This will provide appropriate oversight over the funding
mechanism. The bill also requires the FTC to prepare two reports on the
use and effectiveness of the Registry, including allegations regarding
abuse surrounding a number of exemptions. The Committee takes these
consumer complaints seriously and intends to look into them, in
connection with review of the FTC reports.
I urge my colleagues to vote for this important consumer protection
bill.
Mr. BUTTERFIELD. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Carolina (Mr. Butterfield) that the House suspend
the rules and pass the bill, H.R. 2601, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________