prebroadcast advisory review, subject to 
subparagraph (F)(i). 
‘‘(ii) EFFECT OF SUBMISSION.—Noti-
fication of the Secretary under subpara-
graph (C) of the number of DTC adver-
tisements a person intends to submit for 
prebroadcast advisory review is a legally 
binding commitment by that person to pay 
the annual advisory review fee for that 
number of submissions on or before Octo-
ber 1 of the fiscal year in which the adver-
tisement is intended to be submitted. 
‘‘(iii) NOTICE REGARDING CARRYOVER 
SUBMISSIONS.—In making a notification 
under subparagraph (C), the person in-
volved shall in addition notify the Sec-
retary if under subparagraph (F)(i) the 
person intends to submit a DTC advertise-
ment for which the advisory review fee has 
already been paid. If the person does not 
so notify the Secretary, each DTC adver-
tisement submitted by the person for 
prebroadcast advisory review in the fiscal 
year involved shall be subject to the advi-
sory review fee. 
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‘‘(E) MODIFICATION OF ADVISORY REVIEW 
FEE.— 
‘‘(i) LATE PAYMENT.—If a person has 
submitted a notification under subpara-
graph (C) with respect to a fiscal year and 
has not paid all advisory review fees due 
under subparagraph (D) on or before No-
vember 1 of such fiscal year, the fees are 
regarded as late and a revised due date 
and an increase in the amount of fees ap-
plies in accordance with this clause, not-
withstanding any other provision of this 
section. For such person, the advisory re-
view fee for each DTC advertisement sub-
mitted in such fiscal year for prebroadcast 
advisory review shall be due and payable 
20 days before the advertisement is sub-
mitted to the Secretary, and each such fee 
shall be revised to be equal to 150 percent 
of the fee that otherwise would have ap-
plied pursuant to subsection (c)(3). 
‘‘(ii) EXCEEDING
IDENTIFIED
NUM-
BER OF SUBMISSIONS.—If a person sub-
mits 
a 
number 
of 
DTC 
ads 
for 
prebroadcast advisory review in a fiscal 
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year that exceeds the number identified by 
the person under subparagraph (C), a re-
vised due date and an increase in the 
amount of fees applies under this clause 
for each submission in excess of such num-
ber, notwithstanding any other provision of 
this section. For each such DTC ad, the 
advisory review fee shall be due and pay-
able 20 days before the advertisement is 
submitted to the Secretary, and the fee 
shall be revised to be equal to 150 percent 
of the fee that otherwise would have ap-
plied pursuant to subsection (c)(3). 
‘‘(F) LIMITS.— 
‘‘(i) SUBMISSIONS.—For each advi-
sory review fee paid by a person for a fis-
cal year, the person is entitled to accept-
ance for advisory review by the Secretary 
of one DTC advertisement and acceptance 
of one resubmission for advisory review of 
the same advertisement. The advertisement 
shall be submitted for review in the fiscal 
year for which the fee was assessed, except 
that a person may carry over not more 
than one paid advisory review submission 
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bajohnson on PROD1PC77 with BILLS
to the next fiscal year. Resubmissions may 
be submitted without regard to the fiscal 
year of the initial advisory review submis-
sion. 
‘‘(ii) NO REFUNDS.—Except as pro-
vided by subsection (f), fees paid under 
subparagraph (A) shall not be refunded. 
‘‘(iii) NO WAIVERS, EXEMPTIONS, OR 
REDUCTIONS.—The Secretary shall not 
grant a waiver, exemption, or reduction of 
any fees due or payable under this section. 
‘‘(iv) RIGHT
TO
ADVISORY
REVIEW 
NOT TRANSFERABLE.—The right to an ad-
visory review under this paragraph is not 
transferable, except to a successor in inter-
est. 
‘‘(2) OPERATING RESERVE FEE.— 
‘‘(A) IN GENERAL.—Each person that on 
or after October 1, 2007, is assessed an advi-
sory review fee under paragraph (1) shall be 
subject to fee established under subsection 
(d)(2) referred to in this section as an ‘oper-
ating reserve fee’ for the first fiscal year in 
which an advisory review fee is assessed to such 
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person. The person is not subject to an oper-
ating reserve fee for any other fiscal year. 
‘‘(B) PAYMENT.—Except as provided in 
subparagraph (C), the operating reserve fee 
shall be due no later than October 1 of the first 
fiscal year in which the person is required to 
pay an advisory review fee under paragraph (1). 
‘‘(C) LATE NOTICE OF SUBMISSION.—If, in 
the first fiscal year of a person’s participation 
in the program under this section, that person 
submits 
any 
DTC 
advertisements 
for 
prebroadcast advisory review that are in excess 
of the number identified by that person in re-
sponse to the Federal Register notice described 
in subsection (a)(1)(C), that person shall pay 
an operating reserve fee for each of those advi-
sory reviews equal to the advisory review fee for 
each submission established under paragraph 
(1)(D)(ii). Fees required by this subparagraph 
shall be in addition to any fees required by sub-
paragraph (A). Fees under this subparagraph 
shall be due 20 days before any DTC advertise-
ment is submitted by such person to the Sec-
retary for prebroadcast advisory review. 
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‘‘(b) ADVISORY REVIEW FEE REVENUE AMOUNTS.— 
Fees under subsection (a)(1) shall be established to gen-
erate revenue amounts of $6,250,000 for each of fiscal 
years 2008 through 2012, as adjusted pursuant to sub-
sections (c) and (g)(4). 
‘‘(c) ADJUSTMENTS.— 
‘‘(1) 
INFLATION
ADJUSTMENT.—Beginning 
with fiscal year 2009, the revenues established in 
subsection (b) shall be adjusted by the Secretary by 
notice, published in the Federal Register, for a fiscal 
year to reflect the greater of— 
‘‘(A) the total percentage change that oc-
curred in the Consumer Price Index for all 
urban consumers (all items; U.S. city average), 
for the 12-month period ending June 30 pre-
ceding the fiscal year for which fees are being 
established; 
‘‘(B) the total percentage change for the 
previous fiscal year in basic pay under the Gen-
eral Schedule in accordance with section 5332 
of title 5, United States Code, as adjusted by 
any locality-based comparability payment pur-
suant to section 5304 of such title for Federal 
employees stationed in the District of Columbia; 
or 
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