Do-Not-Call Improvement Act of 2007

Madam Speaker, I yield myself such time as I may consume.

Let me thank, first of all, the discerning, clairvoyant, highly observant and eloquent statements from the gentleman from North Carolina for his kindness in recognizing that it is, indeed, my bill. I appreciate his very eloquent statement.

Mr. Whitfield was supposed to be here, but, of course, with the tornadoes, he cannot be here. He flew back to Kentucky to take care of his constituents, so he is to be commended for that.

But I rise today also in support of this bill, which is my bill which came through my subcommittee, the Do-Not-Call Registry Fee Extension Act of 2007. The Senate bill is 781.

As pointed out, this bill is identical to H.R. 2601 which I introduced and which passed this Chamber by voice vote under suspension of the rules on December 11, last year. As the sponsor of the companion legislation to the Senate bill and as the former ranking member of the committee with jurisdiction over consumer protection, I assured all my colleagues that this legislation is necessary and, of course, very timely. The gentleman from North Carolina mentioned that it is one of the most popular bills we have passed in Congress, and indeed it is.

I can also assure each of you that it will have an immediate and meaningful impact on our constituents, much more so than many of the bills that we've passed this year.

The Congress originally passed the Do-Not-Call Act in 2003 in response to the growing concern about the persistent invasion of unsolicited telemarketing calls to consumers' homes. Now, at that point I was chairman of the Commerce, Trade, and Consumer Protection Subcommittee, and I took great pride that our committee came together with Jan Schakowsky, who was the ranking member, to put together the do-not-call registry. She is to be commended today, too, for her support and her enabling of this legislation.

The idea was very simple: Consumers could place their home phone numbers on a list, and telemarketers would then be prohibited from making unsolicited phone solicitation. In order to avail themselves of the tranquility afforded then by the registry, consumers simply call a toll-free number from the telephone line they wish to register, or they could add their number via the Internet. Telemarketers then access the registry at the Federal Trade Commission to obtain a list of registered numbers over the Internet and then remove their numbers from their call list. Pretty simple. These telemarketers then pay a simple fee for such access. It is those fees that fund the registry, including the maintenance and, ultimately, the enforcement of the violators of this legislation.

The program has been a huge success, as the gentleman from North Carolina has pointed out, with one recent polling finding there is over 150 million active telephone numbers on the registry. My colleagues, that's roughly 70 percent of Americans who avail themselves of the registry benefit. That poll also found over 90 percent of those registered with the do-not-call list do indeed receive fewer unsolicited telemarketing calls.

The Federal Trade Commission must also be commended for its part in making the registry a success. Without vigorous enforcement, a prohibition would be meaningless. Consumers who receive unwanted telemarketing calls log complaints via either a toll-free telephone number or the Internet. As a result, the commission has pursued 35 cases for violations of this do-not-call provision in the bill and has collected $25 million combined in civil penalties and equitable relief.

Unfortunately, the commission's authority to collect the fees necessary to maintain the registry expired last September. This legislation restores the commission's authority to collect the necessary fees to maintain and simply update the registry in a timely manner. Further, this act provides businesses with certainty into the future regarding the fees they pay to access the registry.

So, my colleagues, while this bill sets specific access fees, it also ensures Congress will receive the information necessary to assess in the future whether those fees are simply sufficient and appropriate. The Senate bill requires the Federal Trade Commission and the SEC to submit two reports to Congress biennially. One report shall include information regarding basic registry statistics such as the number of consumers registered, number of persons paying for access, and the impact of new telecommunications technology on the registry. The second report addresses consumer reports of abuse of registry exceptions, including the recent reports of ``lead generators,'' unsolicited mailers, and we've all gotten those unsolicited mailers through the mail, used to establish a business relationship. Then once that business relationship is established, they can come back and call you or otherwise they trick you into answering these little lead generators. And most frequently the people who do answer them are seniors, who are very conscientious, and then that, in fact, involves waiving their do-not-call protections. As time passes and people think of new ways to circumvent these protections, we will want to ensure we have the necessary information to keep pace with these folks that are trying to trick our constituents, thereby protecting their original intent of the do-not-call registry.

In conclusion, Madam Speaker, many of our constituents still express their gratitude for enacting the original Do-Not-Call Act, simply enabling them to make their home hours more peaceful without irritating telemarketing interruptions, especially around suppertime. The popularity and success of the do-not-call registry is without question. It is successful and it is one area in which this Congress has acted in a bipartisan fashion, almost unanimously on the House floor with approval. So I urge all my colleagues' support.

Madam Speaker, I reserve the balance of my time.

Madam Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Burgess).

Madam Speaker, I yield back the balance of my time.

Madam Speaker, I move to suspend the rules and pass the Senate 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.

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, the bill we are considering on the House floor today, which is Senate 781, the Do-Not-Call Registry Fee Extension Act, is identical to H.R. 2601, which was introduced by my friend Mr. Stearns, the former ranking member of the Subcommittee on Commerce, Trade and Consumer Protection.

On December 11 of last year, the House passed H.R. 2601 by voice vote, and I urge similar swift passage of S. 781 today.

Madam Speaker, this bill extends the authority of the Federal Trade Commission to collect the fees that administer and enforce the provisions relating to the national do-not-call registry. In 2003, Congress passed the Do-Not-Call Implementation Act, which authorized the FTC to establish fees sufficient to implement the national do-not-call registry as originally authorized by the Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994. As has been said on numerous occasions, this initiative has proven to be one of the most popular laws in history. Consumers have registered more than 145 million telephone numbers since the registry became operational in 2003. The FTC's authority to annually establish the appropriate level of fees to charge telemarketers for access to the registry expired several months ago, in 2007, and S. 781 restores that authority and renders it permanent. I will restate what I said back in December when we considered this legislation on the House floor. As Members of Congress, it is in our best interest to swiftly pass this bill in order to avoid the wrath of millions of angry constituents who are being called by telemarketers during dinner time. We need to facilitate the continuing operation of the do-not-call registry and vote for this bill.

As a result of an agreement reached with the chairman of the Senate Commerce Committee, we are sending to the President's desk for his signature the Senate-passed version of the bill introduced by Senator Pryor. However, Senator Pryor's bill is identical to Mr. Stearns' bill, and my friend from Florida deserves all the credit for this fine piece of legislation. As is the case with the vast majority of bills passed out of the Subcommittee on Commerce, Trade, and Consumer Protection, of which I serve, this is a bipartisan measure that was crafted in consultation with the appropriate agency of expertise, in this case, the Federal Trade Commission. The original House bill passed the subcommittee by voice vote on October 23, and a week later on October 30 was unanimously approved in the full Energy and Commerce Committee. Majority and minority committee staff worked together on this bill. I am so proud of how they worked together. Mr. Stearns, as well as the ranking member, Mr. Barton of Texas, who is the ranking member of the full committee, should both be commended for their cooperation with Chairman John Dingell and Chairman Bobby Rush. I also would like to congratulate and welcome the distinguished gentleman from Kentucky (Mr. Whitfield) as the new ranking member of the subcommittee on which we serve. I am positive that the track record of bipartisan cooperation will continue under Mr. Whitfield's leadership. Unfortunately, it is my understanding that Mr. Whitfield, I looked forward to seeing him on the floor today, but he is currently in Kentucky dealing with the frightening devastation wrought by last night's tornadoes. Our thoughts and prayers go out to him and his constituents and all those who were adversely affected by this tragedy, not only in that State but in other States as well.

With that, Madam Speaker, I urge a ``yes'' vote.

At this time, I reserve the balance of my time.

I want to thank the gentleman for his comments.

Madam Speaker, I have no further requests for time, and I reserve the balance of my time.

Madam Speaker, I am going to urge my colleagues to vote ``aye'' on this measure, and let's send it on to the President's desk.

Madam Speaker, I yield back the balance of my time.

I thank my friend from North Carolina.

Mr. Speaker, I rise today to urge my colleagues to approve H.R. 3541, the Do-Not-Call Improvement Act of 2007.

The national do-not-call registry was established in 2003 and is managed by the Federal Trade Commission and enforced by the FTC, the Federal Communications Commission, and State law enforcement officials. Most telemarketers are not allowed to call your number once it has been on the registry for 31 days. If they do, you can

file a complaint against them with the FTC and they can be forced to pay a fine.

The Federal do-not-call registry is one of the most successful government programs ever created. Over 132 million telephone numbers have been added to the registry since its creation. Unfortunately, current regulations require that the registry remove individuals' numbers after 5 years. Consequently, starting in June of 2008, millions of people will begin receiving telemarketing calls again. Many of them don't realize that their listing has expired and that they need to add their number to the do-not-call list again if they want to block telemarketers' phone calls.

It makes no sense to force people to sign up every couple of years. Unfortunately, that's just what will happen if action isn't taken. And that's why I introduced this legislation along with my good friend from Mississippi, Chip Pickering, to make registration with the Federal do- not-call list permanent.

My legislation, the Do-Not-Call Improvement Act of 2007, would make the numbers on the Federal do-not-call registry permanent. Under this legislation, someone would only have to sign up for the do-not-call registry once. Without passage of this act, over 50 million phone numbers will be purged from the registry within the next year. The hassle for consumers will be tremendous, with no real payoff.

Now, when a consumer signs up for the do-not-call list, they expect a roach motel where their numbers go in and the telemarketers can't check them out. But for those few individuals who are worried that they might change their mind at some future date, I want to make clear that this bill will still allow individuals to take their names off if they choose to, and it gives the FTC explicit authority to scrub numbers that are invalid or don't belong on the list.

There is no need to risk Americans being removed from the do-not-call list unless they want to be removed, and the best way to deal with this nightmare is to end it before it starts. As I said when I introduced this legislation, I suspect there are very few people saying, ``Gee, I really miss those telemarketing calls at dinnertime. I wish the Government would just take me off that do-not-call list.'' Well, if this bill is enacted, individuals won't have to worry about signing up for the do-not-call list every 5 years.

Mr. Speaker, I want to thank the AARP, the Consumers Union, the Center for Democracy and Technology, Consumerist.com, and the American Teleservices Association for endorsing this bill. It's a great day when consumer groups, senior groups, privacy groups, and yes, even telemarketers, can agree on making the do-not-call list better.

I urge my colleagues to join me in passing this legislation. By signing up with the national do-not-call registry, over 130 million Americans have told telemarketers, ``Don't call us; we'll call you.'' Let's save them the hassle of having to have sign up time and time again.

In closing, I want to thank my friend Chip Pickering. I want to thank Energy and Commerce Committee Chairman Dingell, Ranking Member Barton, Commerce, Trade and Consumer Protection Subcommittee Chairman Bobby Rush and my good friend Cliff Stearns. And I also want to thank several staffers who have worked so hard on this bill: Gregg Rothschild, Consuela Washington, Shannon Weinberg, Brian McCullough, Will Carty. And finally, I want to thank Hugh Carroll of Mr. Pickering's staff and Kenneth DeGraff of my staff for all of their hard work.

I encourage my colleagues to join me in passing this bill and making one of the most popular Federal services even better.

Mr. Speaker, I rise in support of H.R. 3541. I, too, want to join in commending my colleagues, Mr. Butterfield, Mr. Stearns, and my good friend Congressman Doyle from Pennsylvania. I thank the leadership of the committee, Chairman Dingell and Congressman Joe Barton. Joe has been a good friend, and he has provided the support on our side, and Cliff Stearns, the leadership on our side.

Mike Doyle has been a tireless champion on this, a bulldog, and a great advocate for keeping peace and goodwill through the Christmas season for the citizens of our country as we do something that is common sense and pretty straightforward and simple, and that is to extend the do-not-call.

We do not want the cold calls to fill the stockings. We simply want the good cheer that will come from the time around the dinner table and the Christmas tree and the holiday season that all of us who want to be protected in that sanctuary of home will be, and this bill will do that.

The other great benefit, if we're watching our budget around Christmastime as a country and in the Congress, this has no cost. And so for our friends on the Senate side who are known to be frugal, we can tell you this has no cost. It can be passed quickly. It should be passed quickly as a Christmas present for the citizens of the country.

This is good government. It is time. And we can do this together, House and Senate, on a bipartisan basis. It is one of the most widely popular programs that we've had in this country; over 150 million people have signed up. I'm proud to be part of this effort, and I'm proud that I've worked with friends on the other side of the aisle to achieve this.

This is good news, good legislation, and a good effort. And I do wish to commend the committee for their work. I thank Mr. Doyle again for his good leadership.

As I previously stated, the Do Not Call legislation is extremely popular and has been effective in largely eliminating the unwanted intrusions associated with commercial telemarketing calls to the home. We should all be proud of the success of the legislation and I want to commend both the FCC and FTC for their efforts in this area. I am confident that this language will benefit both the American people and industry. FTC and industry concerns were well vetted and fully considered as the bill moved through normal process. We added the reporting requirement to ensure we are providing an accurate database to the telemarketing industry so they are not hindered by making registration permanent.

Since the Do Not Call registry falls within the jurisdiction and enforcement of both the FCC and FTC, I hope there is continued consistent application, direction, and enforcement by both agencies. We have all worked hard to develop and implement the Do Not Call legislation, and we must be cautious in protecting its integrity and enforceability, particularly as it applies to charities and nonprofits. Inconsistent direction or enforcement ultimately will weaken the enforceability of the restrictions and undermine the statutory intent of this successful Government program. Again, I thank the committee and look forward to passage of this legislation.

Would the gentleman yield?

I would be regretful if I did not mention the good work of the staff, as did Mr. Doyle. And for me, on my staff, Hugh Carroll has been tireless and has worked hard, and I appreciate his good work on this effort.

Mr. Speaker, I move to suspend the rules and pass 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, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, at this time I yield myself such time as I may consume.

The bill that we now consider on the floor is related to the previous bill that we just adopted. H.R. 3541, the Do-not-call Improvement Act of 2007, ensures that Americans who signed up to be on the do-not-call list remain on the do-not-call list. As the law currently stands, consumers are automatically purged from the registry after a 5-year period and they are forced to re-register their phone numbers with the FTC. Consequently, if we do nothing, of the 132 million telephone numbers that are currently listed on the do-not-call registry, almost 52 million of those numbers will expire and once again be fair game for telemarketers.

I guarantee you, Mr. Speaker, that the vast majority of these consumers are unaware that they must relist their phone numbers. As was the case with the previous bill, I don't think Members of Congress want to incur the wrath of millions of angry constituents and family members who thought they were safe from the nuisance of telemarketers, but are once again getting their pestering phone calls every evening. I might also add that September 28, the date in which 52 million numbers will expire, is right before election day. Need I say more?

The authors of the bill, my good friend Mr. Doyle, who will speak in just a few moments, the gentleman from Pennsylvania, and my friend Mr. Pickering from Mississippi, are both valued members of the Energy and Commerce Committee, and they are to be commended for their bipartisan cooperation. On October 30 the bill was amended at the full committee markup to require the FTC to periodically scrub the do-not-call registry to remove phone numbers that have been disconnected or reassigned and further requires the commission to report to Congress on the accuracy of the registry. As such, H.R. 3541 ensures that the do- not-call list is fair and accurate and that only those American consumers who do not wish to be called by telemarketers are on the registry.

This is a thoughtful, bipartisan piece of legislation, and I urge its adoption.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, at this time, I would like to yield 4 minutes to my good friend from Pennsylvania, a gentleman who works so hard for his constituents, Mr. Doyle.

Mr. Speaker, this has been a good debate on this issue, and I want to thank both the gentlemen who have authored this bill for their passion and for their leadership and what they do for the Congress.

Mr. Speaker, I yield back the balance of my time.