69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–486 

DO-NOT-CALL IMPROVEMENT ACT OF 2007 

DECEMBER 11, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. DINGELL, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 3541] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 3541) to amend the ‘‘Do-not-call’’ Implementation Act 

to eliminate the automatic removal of telephone numbers registered on the Federal ‘‘do-not-call’’ registry, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 4 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 4 

Earmarks and Tax and Tariff Benefits .................................................................. 4 

Committee Cost Estimate ....................................................................................... 4 

Congressional Budget Office Estimate ................................................................... 4 

Federal Mandates Statement ................................................................................. 5 

Advisory Committee Statement .............................................................................. 5 

Constitutional Authority Statement ...................................................................... 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Additional Materials ................................................................................................ 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 9 


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AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Do-Not-Call Improvement Act of 2007’’. 

SEC. 2. PROHIBITION OF EXPIRATION DATE FOR REGISTERED NUMBERS. 

The Do-Not-Call Implementation Act (15 U.S.C. 6101 note) is amended by adding 

at the end the following: 

‘‘SEC. 5. 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 C.F.R. 

310.4(b)(1)(iii)) since the establishment of the registry and telephone numbers registered on such registry after the date of enactment of this Act, shall not be removed 

from such registry except as provided for in subsection (b) or upon the request of 

the individual to whom the telephone number is assigned. 

‘‘(b) REMOVAL OF INVALID, DISCONNECTED, AND REASSIGNED TELEPHONE NUMBERS.—The Federal Trade Commission shall check telephone numbers registered on 

the national ‘do-not-call’ registry against national or other appropriate databases 

twice each month 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 telephone numbers from the registry at any time.’’. 

PURPOSE AND SUMMARY

The purpose of H.R. 3541, the Do-Not-Call Improvement Act of 

2007, is to prohibit the Federal Trade Commission (FTC) from removing telephone numbers from the National Do-Not-Call Registry 

(Registry) at the end of specific time periods. When the Registry 

was created in 2003, the FTC promulgated rules that required consumers to register their phone numbers every five years and required the FTC to remove disconnected phone numbers periodically. H.R. 3541 would prohibit the FTC from removing numbers 

from the Registry at the end of this five-year period or any other 

specified period. The bill also would authorize the FTC to continue 

to purge the Registry of disconnected and reassigned phone numbers. 

BACKGROUND AND NEED FOR LEGISLATION

In 2003, the FTC amended its Telemarketing Sales Rule (TSR) 

to establish the Registry, which contains a list of consumers whom 

telemarketers are prohibited from calling. Today, the Registry contains over 145 million telephone numbers and has been tremendously successful in protecting consumers from unwanted telemarketing calls. 

In connection with the 2003 rulemaking proceeding, the FTC 

adopted a five-year re-registration mechanism and indicated that 

the Registry would be periodically purged of numbers that have 

been disconnected or reassigned. As part of the public comment period, the FTC was informed that 16 percent of all telephone numbers change each year and that 20 percent of all Americans move 

each year. The FTC determined that, unless the Registry included 

a process to counteract this effect, over a period of time, the Registry would include more and more numbers that had been disconnected and then reassigned to new subscribers even though the 

new subscribers might not object to receiving telemarketing calls. 

The FTC also noted that 13 State registries had re-registration reVerDate Aug 31 2005 06:51 Dec 12, 2007 Jkt 069008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR486.XXX HR486

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quirements ranging from 1 year to 5 years, while 14 States had no 

re-registration requirement. Based on this record, the FTC concluded that a five-year registration period, coupled with periodic 

scrubbing of disconnected numbers adequately balanced privacy 

and commercial speech interests, as well as the need to maintain 

a high level of accuracy in the Registry with the imposition on consumers. 

In the interim, several changes have occurred that require Congress and the agency to revisit this issue. First, changes in the 

marketplace, including increased use of cell phones and increased 

popularity of telephone number portability, call into question the 

data underlying the 2003 rulemaking proceeding. Second, the FTC 

prevailed in two constitutional challenges to the Registry. See National Federation of the Blind v. FTC, 420 F. 3d 331 (3rd Cir. 

2005); Mainstream Mktg. Services v. FTC, 358 F. 3rd 1228 (10th 

Cir. 2004). One overarching theme of the FTC’s argument in those 

challenges involved the care that the FTC put forth in ensuring 

that the Registry included only the telephone numbers of consumers who had indicated a preference not to receive telemarketing calls. Third, the Registry has been implemented successfully for nearly five years with the operation of a scrubbing program through which telephone numbers that have been disconnected and reassigned are purged from the Registry on a monthly 

basis. Fourth, the Registry’s unprecedented popularity means that 

tens of millions of numbers would soon have to be deleted and reregistered creating chaos and uncertainty. Special concerns have 

been raised about the affect on senior citizens. 

At an October 23, 2007, hearing before the Subcommittee on 

Commerce, Trade, and Consumer Protection on unrelated legislation, the Director of the FTC Bureau of Consumer Protection stated 

that: ‘‘the Commission now commits that it will not drop any telephone numbers from the Registry based on the five-year expiration 

period pending final Congressional or agency action on whether to 

make registration permanent.’’ The Committee reports this legislation to address this problem. It expects the FTC to continue its robust efforts to maintain the accuracy of the Registry and to ensure 

the continued effectiveness and success of the Do-Not-Call program. 

HEARINGS

No hearings were held in the Committee on H.R. 3541. 

COMMITTEE CONSIDERATION

On Tuesday, October 30, 2007, the full Committee met in open 

markup session and ordered H.R. 3541 favorably reported to the 

House, amended, by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken on amendments or in connection with ordering 

H.R. 3541 reported. A motion by Mr. Dingell to order H.R. 3541 faVerDate Aug 31 2005 06:51 Dec 12, 2007 Jkt 069008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR486.XXX HR486

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vorably reported to the House, amended, was agreed to by a voice 

vote. 

COMMITTEE OVERSIGHT FINDINGS

Regarding clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the oversight findings of the Committee regarding H.R. 3541 are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The purpose of H.R. 3541 is to reduce the harm to individuals 

from telemarketing fraud and abuse by prohibiting the FTC from 

removing phone numbers from the Registry at the end of specific 

time periods. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Regarding compliance with clause 3(c)(2) of rule XXI of the Rules 

of the House of Representatives, the Committee finds that H.R. 

3541 would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

EARMARKS AND TAX AND TARIFF BENEFITS

Regarding compliance with clause 9 of rule XXI of the Rules of 

the House of Representatives, H.R. 3541 does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(d), 9(e), or 9(f) of rule XXI. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 3541 

prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate on H.R. 3541 

provided by the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974: 

NOVEMBER 30, 2007. 

Hon. JOHN D. DINGELL, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3541, the Do-Not-Call Improvement Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 


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H.R. 3541—Do-Not-Call Improvement Act of 2007 

H.R. 3541 would prohibit the Federal Trade Commission (FTC) 

from removing phone numbers from its ‘‘do-not-call’’ registry except 

under certain conditions. The ‘‘do-not-call’’ registry contains a list 

of consumers that telemarketers are prohibited from calling. The 

bill would require the FTC to purge the registry twice per month 

of phone numbers that have been disconnected and reassigned. The 

bill also would require the FTC to remove phone numbers at consumers’ request. 

When the registry was created in 2003, the FTC developed rules 

that required consumers to re-register their phone numbers every 

five years and required the FTC to remove disconnected phone 

numbers periodically. H.R. 3541 would codify and extend the rules 

by increasing the number of times per month the FTC must purge 

the registry of disconnected and reassigned numbers. Based on information from the FTC, CBO estimates that implementing the bill 

would cost less than $500,000 annually to purge the registry twice 

per month, rather than monthly, as performed under current law. 

H.R. 3541 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Susan Willie. This estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 3541 prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by H.R. 3541. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

3, which grants Congress the power to regulate commerce with foreign nations, among several States, and with the Indian tribes. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act of 1995. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 establishes the short title of the bill as the ‘‘Do-NotCall Improvement Act of 2007’’. 


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Section 2. Prohibition of expiration date for registered numbers 

Section 2 adds a new section to the Do-Not-Call Implementation 

Act (15 U.S.C. 6101 note). New Section 5(a) provides that telephone 

numbers registered on the Registry both since its establishment 

and after the date of enactment of H.R. 3541 shall not be removed 

from the Registry except as provided for in subsection (b) or upon 

the request of the individual to whom the telephone number is assigned. Section 5(b) directs the FTC to check telephone numbers 

registered on the Registry against national or other appropriate 

databases twice each month, and to remove from the Registry those 

telephone numbers that have been disconnected and reassigned. 

The bill clarifies that nothing in this section prohibits the FTC 

from removing invalid telephone numbers from the Registry at any 

time. 

It continues to be the intention of the Committee to allow citizens who do not wish to receive calls covered under this legislation 

to opt out from receiving those calls in a simple, seamless, and reliable manner. In that regard, the Committee assumes that the FTC 

and the Federal Communications Commission will ensure that any 

contractor implementing the requirements of this legislation does 

so in a manner that does not result in the removal of citizens’

phone numbers from the ‘‘Do-Not-Call’’ list solely because they 

have changed service providers, or because they have added or removed features from their service (e.g., caller ID, call waiting), so 

long as the service modification does not separate the citizen from 

the phone number they have registered with the ‘‘Do-Not-Call’’ list. 

The FTC submitted written views dated November 16, 2007, indicating that requiring that numbers be purged from the Registry 

twice a month is likely to result in more people being erroneously 

removed from the Registry (see Appendix). The Committee expects 

the FTC to maintain the accuracy of the Registry. As a result, the 

Committee intends to offer an amendment during Floor consideration to strike the mandate on frequency with which numbers must 

be removed from the Registry in light of the agency’s views. 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

DO-NOT-CALL IMPLEMENTATION ACT 

* * * * * * * 

SEC. 5. 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 C.F.R. 310.4(b)(1)(iii)) since the establishment of the 

registry and telephone numbers registered on such registry after the 

date of enactment of this Act, shall not be removed from such registry except as provided for in subsection (b) or upon the request of 

the individual to whom the telephone number is assigned. 

(b) REMOVAL OF INVALID, DISCONNECTED, AND REASSIGNED TELEPHONE NUMBERS.—The Federal Trade Commission shall check telephone numbers registered on the national ‘‘do-not-call’’ registry 

against national or other appropriate databases twice each month 

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 telephone numbers from the registry at any time. 

Æ 


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