Do-Not-Call Registry Fee Extension 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.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Thursday, August 2, 2007, at 11:30 a.m. in closed session to receive a briefing on drawdown planning for U.S. forces in Iraq.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on August 2, 2007, at 9:30 a.m. in order to conduct a Hearing on the nominations of the Honorable Randall S. Kroszner, of New Jersey, to be a member of the Board of Governors of the Federal Reserve System; Ms. Elizabeth A. Duke, of Virginia, to be a member of the Board of Governors of the Federal Reserve System; and Mr. Larry A. Klane, of the District of Columbia, to be a member of the Board of Governors of the Federal Reserve System.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to hold a hearing during the session of the Senate on Thursday, August 2, 2007, at 10 a.m., in room 253 of the Russell Senate Office Building. During the Executive Session, Committee members will mark up the following agenda items:

1. 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;

2. S. 602, Child Safe Viewing Act of 2007;

3. S. 1578, Ballast Water Management Act of 2007;

4. S. 1892, Coast Guard Authorization Act of 2007; and

5. Nominations subject to July 31, 2007 Confirmation Hearing. (PN 571) Mr. Ronald Spoehel, to be Chief Financial Officer, National Aeronautics and Space Administration, (PN 522) Mr. William G. Sutton, to be Assistant Secretary of Commerce, U.S. Department of Commerce. (PN 645) Vice Admiral Thomas J. Barrett, to be Deputy Secretary, U.S. Department of Transportation. (PN 656) Mr. Paul R. Brubaker, to be Administrator of the Research and Innovative Technology Administration, U.S. Department of Transportation. (PN 781) Nomination for Promotion in the United States Coast Guard.

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet during the session of the Senate in order to conduct a hearing entitled Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys?--Part VII'' on Thursday, August 2, 2007, at 10 a.m. in the Dirksen Senate Office Building room 226.

Witness list

Karl Rove, The White House; J. Scott Jennings, The White House.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet during the session of the Senate in order to conduct a markup on Thursday, August 2, 2007, at 11:30 a.m. in Dirksen room 226.

Agenda

I. Bills: S__, School Safety and Law Enforcement Improvements Act, (Chairman's mark); S. 1060, Recidivism Reduction & Second Chance Act of 2007, (Biden, Specter, Brownback, Leahy, Kennedy, Schumer, Whitehouse, Durbin); S. 453, Deceptive Practices and Voter Intimidation Prevention Act of 2007; (Obama, Schumer, Leahy, Cardin, Feingold, Feinstein, Kennedy, Whitehouse); S. 1692, A bill to grant a Federal Charter to Korean War Veterans Association, (Cardin, Isakson,

Kennedy); S. 1845, A bill to provide for limitations in certain communications between the Department of Justice and the White House; (Whitehouse).

II. Nomination: Rosa Emilia Rodriguez-Velez to be United States Attorney for the District of Puerto Rico.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on August 2, 2007, at 2:30 p.m. in order to hold a closed hearing.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs' Subcommittee on Federal Financial Management, Government Information, Federal Services and International Security be authorized to meet during the session of the Senate on Thursday, August 2, 2007, at 10 a.m. in order to conduct a hearing entitled ``Service Standards at the Postal Service: Are Customers Getting What They Paid For?''

Mr. President, I ask unanimous consent that the Subcommittee on National Parks of the Committee on Energy and Natural Resources be authorized to hold a hearing during the session of the Senate on Thursday, August 2, 2007, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to receive testimony on S. 1253, a bill to establish a fund for the National Park Centennial Challenge, and for other purposes.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs Subcommittee on Security and International Trade and Finance be authorized to meet during the session of the Senate on August 2, 2007, at 2:30 p.m., in order to conduct a hearing entitled ``Reforming Key International Financial Institutions for the 21st Century.''

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.

Madam Speaker, I rise in strong support of S. 781, the ``Do-Not-Call Registry Fee Extension Act,'' and I urge its swift adoption by the House.

This bill is identical to H.R. 2601, which the House passed on December 11, 2007, to extend the authority of the Federal Trade Commission to collect fees to administer and enforce the provisions of law relating to the ever-popular national Do-Not-Call registry. The registry was established by Congress to enable citizens to place their personal phone numbers on a list that prohibits unwanted commercial solicitations over that number. By any measure, this program has been wildly successful--more than 145 million telephone numbers have been placed on the list, pesky phone calls from telemarketers have declined, and the FTC's enforcement has been vigorous--but the agency's ability to collect fees to fund this operation expired after September 2007. Therefore, we need to act.

By agreement with the Chairman of the Senate Committee on Commerce, we are sending the later Senate-passed bill to the President. At this time, I want to commend Representative Stearns, the sponsor of the House-passed bill and then Ranking Subcommittee Member, for his leadership on this important consumer protection issue. I also commend Representative Rush, a cosponsor of the House bill and Chairman of the Subcommittee on Commerce, Trade, and Consumer Protection, for expeditiously bringing that bill, of which I am the lead Democratic sponsor, to the House floor last year. We would not be here today without their efforts.

I would note to the House that, as part of the agreement, the Senate today will take up and pass H.R. 3541, legislation also passed by the House on December 11, 2007, to eliminate the automatic removal of telephone numbers from the registry, thus clearing the bill for the President's signature. Current rules provide that telephone numbers be removed from the list after 5 years, thus requiring consumers to reregister their numbers in order to fend off telemarketing calls. Most consumers are unaware of this requirement. This places a particular burden on the elderly, the group most often victimized by telemarketing frauds. The House-passed bill contains common sense exceptions as well as requirements to ensure the accuracy of the list. I thank the Federal Trade Commission and the Direct Marketing Association for their improvements to the bill, and I commend Representatives Doyle and Pickering for their strong bipartisan leadership on this legislation.

This strong package of bipartisan consumer protection bills will serve the American public well, and will stand as a testament to what bipartisanship and good will across the Capitol can accomplish.

I thank the gentleman for yielding, and I thank both the chairman and the ranking member for bringing this bill to the floor.

Madam Speaker, as pointed out, this has been one of the most popular pieces of legislation that we could pass certainly during my short tenure in Congress. And, Madam Speaker, I would only point out that with a 10 percent approval rating, it is incumbent upon us to continue to pass legislation that is indeed popular.

I am an original cosponsor of the Do-Not-Call Registry Fee Extension Act, and as has been pointed out, this bill will extend the Federal Trade Commission's authority to collect fees and to administer and force the do-not-call registry. This registry is popular. This registry's effect has been profound.

Since the creation of this registry, as we heard testimony in our committee as we worked on the bill earlier this year, over 145 million telephone numbers have been registered. And as we heard from Ranking Member Stearns a little while ago, that number is now up to 150 million telephone numbers.

As the Director of the Federal Trade Commission, Linda Parnes, eloquently stated in her testimony before the Energy and Commerce Committee last October, the do-not-call registry ``helps to restore the sanctity of the American dinner hour.''

While I firmly believe in a free market and I believe that businesses should be able to and should be responsible for formulating their own business plans and business practices, I also believe that Americans have a right to privacy. People should be able to have the option of whether or not they want to receive telephone calls from telemarketers in the privacy of their homes. Thanks to the do-not-call registry, Americans can sign up and they are afforded this decision and this discretion.

To keep the registry working in the future, it is imperative that we act

swiftly and pass this important legislation to further extend the protection of privacy for all Americans. As Commissioner Parnes pointed out, let's help restore the sanctity of the American dinner hour once and for all.