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[Senate Report 110-244]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 537

110th Congress 
 1st Session                     SENATE                          Report
                                                                110-244
_______________________________________________________________________

             DO-NOT-CALL REGISTRY FEE COLLECTION EXTENSION

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                       S. 781

                                   deg.

      December 12, 2007.--Ordered to be printed

                            U.S GOVERNMENT PRINTING OFFICE
69-010                             WASHINGTON : 2007

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             first session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DeMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel

                                                       Calendar No. 537
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-244

======================================================================

 
             DO-NOT-CALL REGISTRY FEE COLLECTION EXTENSION

                                _______
                                

               December 12, 2007.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 781]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
H.R. deg. 781) TITLE deg. to extend the 
authority of the Federal Trade Commission to collect Do-Not-
Call Registry fees to fiscal years after fiscal year 2007, 
having considered the same, reports favorably thereon 
without amendment deg. with amendments deg. 
with an amendment (in the nature of a substitute) and 
recommends that the bill joint resolution deg. (as 
amended) do pass.

                          Purpose of the Bill

    S. 781, as amended, would provide the Federal Trade 
Commission (FTC) the authority to continue collecting fees to 
continue administering the Do-Not-Call (DNC) Registry after 
fiscal year (FY) 2007. The Do-Not-Call Implementation Act (DNC 
Act) specified that the FTC may only collect fees through 2007. 
S. 781 would extend the authority of the FTC to collect DNC 
Registry fees beyond 2007.

                          Background and Needs

    On March 11, 2003, President George W. Bush signed the DNC 
Act into law. The DNC Act makes it illegal for telemarketers to 
call consumers with whom they did not have a prior business 
relationship. It also limits the times of day when 
telemarketers can call, the use of auto-dialing technology, and 
the area codes accessible to telemarketers. The enforcement 
provisions of the DNC Act include severe fines for calling 
numbers on the DNC Registry, and the Act requires telemarketers 
to keep their own in-house call lists up-to-date with the DNC 
Registry.
    The FTC opened the DNC Registry on June 27, 2003, and 
telemarketers were required to comply by October 1, 2003. 
Nearly 5,000 telemarketers purchased all or parts of the list 
and removed the phone numbers on the DNC Registry.
    A telemarketer who ignores the DNC list is subject to an 
$11,000 fine for each call to a phone number on the DNC 
Registry. The fine is levied by the FTC; no private right of 
action is available to individual consumers or State attorneys 
general. The law requires telemarketers to search the registry 
and synchronize their call lists on a regular basis. The 
registry has logged more than 144 million telephone numbers 
since its inception.
    The DNC Act also directed the FTC to use fees collected 
pursuant to the DNC Act as an offset to FTC appropriations for 
the FY 2003 through FY 2007. Each year, Congress directs the 
FTC to raise a certain amount of money from the DNC fees. The 
FTC's FY 2008 budget proposal assumes an offset of $19 million 
from DNC fees. Based on the Congressional offset direction, the 
FTC adjusts its fees. Over the past several years, the fee to 
telemarketers to access the DNC list has risen substantially 
from $7,375 for the entire registry in 2003 to $17,050 in 2006. 
In addition, the FTC does not charge for registry information 
on five or fewer area codes. In FY 2006, 58,816 entities 
accessed five or fewer area codes for free. In FY 2006, to gain 
access to the DNC Registry, 6,824 entities paid a combined 
total of approximately $22 million in fees.
    In its Annual Report to Congress for FY 2006, the FTC 
stated that the DNC Registry was effectively serving its 
fundamental purpose by maintaining high registration volumes 
and reducing unwanted phone calls from telemarketers. The 
Commission also concluded that the registry was successfully 
recording consumer complaints and consumer preferences to avoid 
telemarketing phone calls, permitting businesses to access the 
registry, and sharing information and tools with state and 
federal law enforcement personnel so that they could conduct 
investigations into complaints and take appropriate action. In 
short, the FTC affirmed in its report to Congress that the DNC 
Registry constitutes an effective consumer protection program.
    The Report underscored other issues reflecting the 
program's efficacy. Concerning agency harmonization, in 2006, 
the FTC coordinated closely with the Federal Communications 
Commission (FCC) to share enforcement priorities and avoid 
duplicative action. Regarding consolidation and efficiency, the 
FTC worked with States to advance its objective of forming a 
single registry to provide businesses and consumers with a 
single point of contact. Finally, concerning enforcement, while 
compliance with the DNC Registry was high, the FTC continued to 
prosecute violators of the DNC Act and worked closely with the 
Department of Justice, the FCC, and the individual States. With 
the fee collection authority ending in FY 2007, S. 781 is 
needed to authorize and stabilize the fee structure of the 
Registry.

                         Summary of Provisions

    S. 781 would mandate the FTC to assess and collect an 
annual fee to implement and enforce the DNC Registry as 
currently provided for by rule and by 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).
    Under the bill, the FTC would access annual fees that are 
equal to or less than $54 for each area code of data accessed 
or $14,850 to access every area code of data in the registry. 
According to the FTC, these levels would generate approximately 
$19 million in fees. No telemarketing firm would be permitted 
to enter into or participate in an arrangement to share any fee 
with another firm or a client.
    Fees would be adjusted for inflation by the Consumer Price 
Index (CPI). The fees would be increased as needed by 
multiplying the fees set in the Act by the percentage (if any) 
by which the CPI for the most recently ended 12-month period 
ending June 30 exceeds the baseline CPI. The term ``baseline 
CPI'' would be defined as the CPI for the 12-month period 
ending June 30, 2008. The FTC would be required to publish the 
adjustments in the Federal Register. The FTC could not charge a 
fee to any person for accessing the first 5 area codes of data 
or for persons permitted but not required to access the 
registry. However, the FTC could charge an additional fee for 
accessing additional data during an annual period. If a person 
wishes to access additional data during an annual period for 
which a fee has already been paid for prior data access, an 
additional fee would be required to be assessed. If the 
additional data is assessed during the first 6 months of an 
annual period, the fee would be $54 for each area code of data. 
If the additional data is accessed after the first 6 months of 
the annual period, the fee would be $27 for each area code of 
data.
    S. 781 would change the annual reports required by the DNC 
Act from annual to biennial reports, and would provide the FTC 
the ability to issue rules as necessary to carry out the 
amendments to the DNC Act as required by S. 781.

                          Legislative History

    On March 6, 2007, Senator Pryor introduced S. 781, which 
was referred to the Committee on Commerce, Science, and 
Transportation (Committee). Vice Chairman Stevens and Senator 
Rockefeller cosponsored the measure. On April 10, 2007, all 
five FTC Commissioners testified before the Committee on 
several issues as part of general oversight of the Commission, 
and included testimony on the DNC Registry and the need for 
renewed fee authorization. On July 31, 2007, the Committee held 
a hearing on telemarketing practices and received testimony on 
S. 781.
    On August 2, 2007, the Committee met in open executive 
session to consider an amendment in the nature of a substitute 
offered by Senator Pryor and Chairman Inouye that made several 
substantive changes to the bill as introduced. The Committee 
adopted the Pryor-Inouye substitute amendment to the bill by 
voice vote and ordered the bill reported favorably with the 
amendment in the nature of a substitute.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                September 27, 2007.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 781, the Do-Not-Call 
Registry Fee Extension 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.

S.781--Do-Not-Call Registry Fee Extension Act of 2007

    Summary: S. 781 would authorize the Federal Trade 
Commission (FTC) to continue to collect and spend fees to 
operate and enforce the ``do-not-call'' registry. The registry 
contains a list of consumers who telemarketing firms are 
prohibited from calling because the consumers have notified the 
FTC that they do not wish to receive such calls. The bill also 
would require the FTC to prepare two reports about the use and 
effectiveness of the registry.
    Based on information from the FTC, CBO estimates that the 
FTC would collect a total of $107 million under the bill over 
the 2008-2012 period and spend $105 million over that period, 
assuming appropriation actions consistent with the bill. Over 
the five-year period, CBO estimates that implementing S. 781 
would decrease net spending subject to appropriation by $2 
million. Enacting S. 781 would not affect direct spending or 
revenues.
    S. 781 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) and would not affect 
the budgets of state, local, or tribal governments.
    S. 781 would impose a private-sector mandate, as defined in 
UMRA, by making permanent the authority of the FTC to collect 
fees from telemarketing firms. CBO expects that the costs of 
that mandate would fall below the annual threshold established 
in UMRA for private-sector mandates ($131 million, adjusted 
annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 781 is shown in the following table. The 
costs of this legislation fall within budget function 370 
(commerce and housing credit).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Gross FTC Spending for the Do-Not-Call Registry:
    Estimated Authorization Level..................................       21       21       21       22       22
    Estimated Outlays..............................................       19       21       21       22       22
Offsetting Collections from Telemarketers:
    Estimated Authorization Level..................................      -21      -21      -21      -22      -22
    Estimated Outlays..............................................      -21      -21      -21      -22      -22
Net Changes to FTC Spending for the Do-Not-Call Registry:                  0        0        0        0        0
    Estimated Authorization Level..................................        0        0        0        0        0
    Estimated Outlays..............................................       -2        0        0        0        0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: S. 781 would authorize the FTC to 
collect fees sufficient to operate and enforce the ``do-not-
call'' registry, contingent on approval of the fees in annual 
appropriation acts. For this estimate, CBO assumes that S. 781 
and the necessary appropriation provisions will be enacted 
early in fiscal year 2008. In 2006, the FTC incurred costs of 
about $19 million and collected fees of approximately $22 
million to operate and enforce the ``do-not-call'' registry; 
CBO expects that collections and spending in 2007 will be 
similar.
    The bill would set fees for firms that wish to subscribe to 
the registry at rates lower than the FTC is currently charging. 
Based on information from the commission, CBO expects that the 
lower fees authorized by the bill would still be sufficient to 
cover the costs of operating the registry. CBO estimates that 
the FTC would collect $107 million over the 2008-2012 period 
and spend $105 million, assuming the necessary appropriation 
actions. Over the five-year period, CBO estimates that 
implementing S. 781 would result in a reduction of $2 million 
in net spending subject to appropriation.
    CBO estimates that the cost of preparing two reports for 
the Congress regarding the effectiveness of the registry would 
be less than $500,000, subject to the availability of 
appropriated funds.
    Estimated impact on state, local, and tribal governments: 
S. 781 contains no intergovernmental mandates as defined in 
UMRA and would not affect the budgets of state, local, or 
tribal governments.
    Estimated impact on the private sector: S. 781 would amend 
the Do-Not-Call Implementation Act (Public Law 108-10) to make 
permanent the authority of the FTC to collect fees in order to 
implement and enforce the ``Do-Not-Call'' registry. The 
authority to collect those fees is set to expire at the end of 
fiscal year 2007. Under current law, telemarketing firms are 
required to periodically update their phone number databases to 
reflect the updated list of numbers that are added to the ``Do-
Not-Call'' list. The bill would permanently extend the 
authority of the FTC to collect fees from those firms for using 
this list. The duty on telemarketing firms to pay those fees 
would constitute a new mandate. CBO estimates that extending 
the fees would amount to approximately $107 million over the 
next five years. Consequently, the costs of the mandate would 
fall below the annual threshold established by UMRA for 
private-sector mandates ($131 million, adjusted annually for 
inflation).
    Estimate prepared by: Federal costs: Susan Willie; impact 
on state, local, and tribal governments: Elizabeth Cove; Impact 
on the private sector: Jacob Kuipers.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

    The authority to collect fees for the DNC Registry would 
guarantee the availability of the DNC Registry for every person 
with a telephone number that could be contacted by telemarketer 
not covered by the exceptions within the Telemarketing Sales 
Rule. Telemarketers would have to continue purchasing and 
scrubbing consumer telephone numbers that are on the DNC 
Registry.

                            ECONOMIC IMPACT

    S. 781 would stabilize the annual fees charged to the 
telemarketing industry and adjust the fee increases for 
inflation. The Committee would expect the legislation to 
provide cost certainty for the telemarketing industry, thereby 
providing a net economic benefit over the current fee system.

                                PRIVACY

    S. 781 would increase the privacy of consumers by assuring 
the continuation of the DNC Registry.

                               PAPERWORK

    It is expected that the legislation would not increase the 
paperwork requirements beyond what is currently required to 
comply with the DNC Registry.

                      Section-by-Section Analysis

Section 1. Short title

    The Act may be cited as the ``Do Not Call Registry Fee 
Extension Act of 2007.''

Section 2. Fees for access to registry

    The section would amend section 2 of the DNC Act. The FTC 
would be mandated to assess and collect an annual fee to 
implement and enforce the DNC Registry as currently provided 
for by rule and by any other regulation issued by the FTC under 
section 3 of the Telemarketing and Consumer Fraud and Abuse 
Prevention Act (15 U.S.C. 6102).
    Annual Fees. The FTC would set annual fees that are equal 
to $54 for each area code of data accessed, or $14,850 to 
access every area code of data in the DNC Registry. The FTC 
would not be able to charge a fee to any person for accessing 
the first 5 area codes of data or for persons permitted to but 
not required to access the registry.
    Duration of Access. Each person who pays the annual fee for 
access to the registry would be allowed access to the area 
codes paid for by that fee for the annual period. As defined by 
this section, the term ``annual period'' would mean the 12-
month period beginning on the first day of the month in which a 
person pays a fee for access to the registry.
    Additional Fees. If a person wishes to access additional 
data during an annual period for which a fee has already been 
paid for prior data access, the FTC would assess an additional 
fee. If the additional data is assessed during the first 6 
months of an annual period, the fee would be $54 for each area 
code of data. If the additional data is accessed after the 
first 6 months of the annual period, the fee would be $27 for 
each area code of data.
    Adjustment of Fees. Fees would be adjusted for inflation 
based on the CPI. The fees would be increased as needed by 
multiplying the fees set in the Act by the percentage (if any) 
by which the CPI for the most recently ended 12-month period 
ending June 30 exceeds the baseline CPI. The FTC would publish 
the adjustments in the Federal Register. The FTC would not 
adjust the fees if the change in CPI were less than 1 percent. 
As defined by this section, the term ``baseline CPI'' would 
mean the CPI for the 12-month period ending June 30, 2008.
    Prohibition Against Fee Sharing. No telemarketing firm 
would be permitted to enter into or participate in an 
arrangement to share any fee with another firm or a client.
    Handling of Fees. The FTC would be mandated to deposit and 
credit as offsetting collections any fee collected under this 
section in the Federal Trade Commission Salaries and Expenses 
account and appropriated funds would remain available until 
expended. No amount would be collected as a fee under this 
section for any fiscal year except to the extent provided in 
advance by appropriations Acts.

Section 3. Reports

    Starting in 2009, the FTC would issue reports to the 
Congress on the DNC Registry on a biennial basis.

Section 4. Rulemaking

    The FTC would be authorized to issue rules as necessary to 
carry out the amendments to the DNC Act made by S. 781.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                     DO-NOT-CALL IMPLEMENTATION ACT

SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES.

                            [15 U.S.C. 6101]

  [The Federal Trade Commission may promulgate regulations 
establishing fees sufficient to implement and enforce the 
provisions relating to the ``do-not-call'' registry of the 
Telemarketing Sales Rule (16 CFR 310.4(b)(1)(iii)), promulgated 
under the Telemarketing and Consumer Fraud and Abuse Prevention 
Act (15 U.S.C. 6101 et seq.). Such regulations shall be 
promulgated in accordance with section 553 of title 5, United 
States Code. Fees may be collected pursuant to this section for 
fiscal years 2003 through 2007, and shall be deposited and 
credited as offsetting collections to the account, Federal 
Trade Commission--Salaries and Expenses, and shall remain 
available until expended. No amounts shall be collected as fees 
pursuant to this section for such fiscal years except to the 
extent provided in advance in appropriations Acts. Such amounts 
shall be available for expenditure only to offset the costs of 
activities and services related to the implementation and 
enforcement of the Telemarketing Sales Rule, and other 
activities resulting from such implementation and enforcement.]
  (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. 4. REPORTING REQUIREMENTS.

                         [15 U.S.C. 6101 note]

  [(a) Report on Regulatory Coordination.--Within 45 days after 
the promulgation of a final rule by the Federal Communications 
Commission as required by section 3, the Federal Trade 
Commission and the Federal Communications Commission shall each 
transmit to the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report which shall include--
          [(1) an analysis of the telemarketing rules 
        promulgated by both the Federal Trade Commission and 
        the Federal Communications Commission;
          [(2) any inconsistencies between the rules 
        promulgated by each such Commission and the effect of 
        any such inconsistencies on consumers, and persons 
        paying for access to the registry; and
          [(3) proposals to remedy any such inconsistencies.
  [(b) Annual Report.--For each of fiscal years 2003 through 
2007, the Federal Trade Commission and the Federal 
Communications Commission shall each transmit an annual report 
to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report which shall include--
          [(1) an analysis of the effectiveness of the ``do-
        not-call'' registry as a national registry;
          [(2) the number of consumers who have placed their 
        telephone numbers on the registry;
          [(3) the number of persons paying fees for access to 
        the registry and the amount of such fees;
          [(4) an analysis of the progress of coordinating the 
        operation and enforcement of the ``do-not-call'' 
        registry with similar registries established and 
        maintained by the various States;
          [(5) an analysis of the progress of coordinating the 
        operation and enforcement of the ``do-not-call'' 
        registry with the enforcement activities of the Federal 
        Communications Commission pursuant to the Telephone 
        Consumer Protection Act (47 U.S.C. 227 et seq.); and
          [(6) a review of the enforcement proceedings under 
        the Telemarketing Sales Rule (16 CFR 310), in the case 
        of the Federal Trade Commission, and under the 
        Telephone Consumer Protection Act (47 U.S.C. 227 et 
        seq.), in the case of the Federal Communications 
        Commission.]
  (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.

                                  
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