[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5126 Reported in House (RH)]







                                                 Union Calendar No. 274
109th CONGRESS
  2d Session
                                H. R. 5126

                          [Report No. 109-489]

  To amend the Communications Act of 1934 to prohibit manipulation of 
       caller identification information, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2006

   Mr. Barton of Texas (for himself, Mr. Engel, Mr. Simmons, and Mr. 
  Reichert) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

                              June 6, 2006

 Additional sponsors: Mrs. Schmidt, Mr. Towns, Mr. Case, Mr. Davis of 
 Kentucky, Mr. Matheson, Mr. Bass, Mr. Dicks, Mrs. Bono, Mr. Boucher, 
Mr. Upton, Mr. Bilirakis, Mr. Pickering, Mr. Gillmor, Mr. Shimkus, Mr. 
   Ferguson, Mrs. Myrick, Mr. Fossella, Mr. Buyer, Mr. Burgess, Mrs. 
                         Cubin, and Mr. Murphy

                              June 6, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend the Communications Act of 1934 to prohibit manipulation of 
       caller identification information, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Truth in Caller ID Act of 
2006''.</DELETED>

<DELETED>SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER 
              IDENTIFICATION INFORMATION.</DELETED>

<DELETED>    Section 227 of the Communications Act of 1934 (47 U.S.C. 
227) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (e), (f), and (g) 
        as subsections (f), (g), and (h), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (d) the 
        following new subsection:</DELETED>
<DELETED>    ``(e) Prohibition on Provision of Inaccurate Caller 
Identification Information.--</DELETED>
        <DELETED>    ``(1) In general.--It shall be unlawful for any 
        person within the United States, in connection with any 
        telecommunications service or VOIP service, to cause any caller 
        identification service to transmit misleading or inaccurate 
        caller identification information, unless such transmission is 
        exempted pursuant to paragraph (3)(B).</DELETED>
        <DELETED>    ``(2) Protection for blocking caller 
        identification information.--Nothing in this subsection may be 
        construed to prevent or restrict any person from blocking the 
        capability of any caller identification service to transmit 
        caller identification information.</DELETED>
        <DELETED>    ``(3) Regulations.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 6 months 
                after the enactment of this subsection, the Commission 
                shall prescribe regulations to implement this 
                subsection.</DELETED>
                <DELETED>    ``(B) Exemption.--The regulations under 
                this paragraph shall exempt from the prohibition under 
                paragraph (1) transmissions in connection with 
                authorized activities of law enforcement 
                agencies.</DELETED>
        <DELETED>    ``(4) Definitions.--For purposes of this 
        subsection:</DELETED>
                <DELETED>    ``(A) Caller identification information.--
                The term `caller identification information' means 
                information provided by a caller identification service 
                regarding the telephone number of, or other information 
                regarding the origination of, a call made using a 
                telecommunications service or VOIP service.</DELETED>
                <DELETED>    ``(B) Caller identification service.--The 
                term `caller identification service' means any service 
                or device designed to provide the user of the service 
                or device with the telephone number of, or other 
                information regarding the origination of, a call made 
                using a telecommunications service or VOIP service. 
                Such term includes automatic number identification 
                services.</DELETED>
                <DELETED>    ``(C) VOIP service.--The term `VOIP 
                service' means a service that--</DELETED>
                        <DELETED>    ``(i) provides real-time 2-way 
                        voice communications transmitted through 
                        customer premises equipment using TCP/IP 
                        protocol, or a successor protocol (including 
                        when the voice communication is converted to or 
                        from TCP/IP protocol by the VOIP service 
                        provider and transmitted to the subscriber 
                        without use of circuit switching), for a 
                        fee;</DELETED>
                        <DELETED>    ``(ii) is offered to the public, 
                        or such classes of users as to be effectively 
                        available to the public (whether part of a 
                        bundle of services or separately); 
                        and</DELETED>
                        <DELETED>    ``(iii) has the capability to 
                        originate traffic to, and terminate traffic 
                        from, the public switched telephone 
                        network.</DELETED>
        <DELETED>    ``(5) Limitation.--Notwithstanding any other 
        provision of this section, subsection (f) shall not apply to 
        this subsection or to the regulations under this 
        subsection.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Caller ID Act of 2006''.

SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION 
              INFORMATION.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is 
amended--
            (1) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Prohibition on Provision of Deceptive Caller Identification 
Information.--
            ``(1) In general.--It shall be unlawful for any person 
        within the United States, in connection with any 
        telecommunications service or VOIP service, to cause any caller 
        identification service to transmit misleading or inaccurate 
        caller identification information, with the intent to defraud 
        or cause harm.
            ``(2) Protection for blocking caller identification 
        information.--Nothing in this subsection may be construed to 
        prevent or restrict any person from blocking the capability of 
        any caller identification service to transmit caller 
        identification information.
            ``(3) Regulations.--Not later than 6 months after the 
        enactment of this subsection, the Commission shall prescribe 
        regulations to implement this subsection.
            ``(4) Definitions.--For purposes of this subsection:
                    ``(A) Caller identification information.--The term 
                `caller identification information' means information 
                provided to an end user by a caller identification 
                service regarding the telephone number of, or other 
                information regarding the origination of, a call made 
                using a telecommunications service or VOIP service.
                    ``(B) Caller identification service.--The term 
                `caller identification service' means any service or 
                device designed to provide the user of the service or 
                device with the telephone number of, or other 
                information regarding the origination of, a call made 
                using a telecommunications service or VOIP service. 
                Such term includes automatic number identification 
                services.
                    ``(C) VOIP service.--The term `VOIP service' means 
                a service that--
                            ``(i) provides real-time voice 
                        communications transmitted through end user 
                        equipment using TCP/IP protocol, or a successor 
                        protocol, for a fee or without a fee;
                            ``(ii) is offered to the public, or such 
                        classes of users as to be effectively available 
                        to the public (whether part of a bundle of 
                        services or separately); and
                            ``(iii) has the capability to originate 
                        traffic to, and terminate traffic from, the 
                        public switched telephone network.
            ``(5) Savings provision.--Nothing in this Act may be 
        construed to affect or alter the application of the 
        Commission's regulations regarding the requirements for 
        transmission of caller identification information for 
        telemarketing calls, issued pursuant to the Telephone Consumer 
        Protection Act of 1991 (Public Law 102-243) and the amendments 
        made by such Act.''.
                                                 Union Calendar No. 274

109th CONGRESS

  2d Session

                               H. R. 5126

                          [Report No. 109-489]

_______________________________________________________________________

                                 A BILL

  To amend the Communications Act of 1934 to prohibit manipulation of 
       caller identification information, and for other purposes.

_______________________________________________________________________

                              June 6, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed