[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.

                          ____________________