[Congressional Record Volume 153, Number 193 (Monday, December 17, 2007)]
[Senate]
[Page S15788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DO-NOT-CALL REGISTRY FEE EXTENSION ACT OF 2007

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 537, S. 781.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 781) to extend the authority of the Federal 
     Trade Commission to collect Do-Not-Call Registry fees to 
     fiscal years after fiscal year 2007.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported by the Committee on Commerce, Science, and 
Transportation, with an amendment
  To strike all after the enacting clause and insert in lieu thereof 
the following:

                                 S. 781

       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 enforcment.''.

     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.

  Mr. DODD. Mr. President, I ask unanimous consent that the committee-
reported amendment be considered and agreed to, the bill as amended be 
read a third time, passed, and the motion to reconsider be laid upon 
the table, and that any statements relating thereto be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 781), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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