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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 781 Enrolled Bill (ENR)]

        S.781

                       One Hundred Tenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight

                                 An Act

 
 To extend the authority of the Federal Trade Commission to collect Do-
     Not-Call Registry fees to fiscal years after fiscal year 2007.

    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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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