[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1110 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1110

 To amend title 18, United States Code, to prevent caller ID spoofing, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 2009

  Mr. Scott of Virginia (for himself, Mr. Conyers, Mr. Tim Murphy of 
Pennsylvania, Ms. Jackson-Lee of Texas, and Mr. Sherman) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to prevent caller ID spoofing, 
                        and for other purposes.

    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 ``Preventing Harassment through 
Outbound Number Enforcement Act of 2009'' or the ``PHONE Act of 2009''.

SEC. 2. CALLER ID SPOOFING.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Caller ID spoofing
    ``(a) Offense.--Whoever, in or affecting interstate or foreign 
commerce, knowingly uses or provides to another--
            ``(1) false caller ID information with intent wrongfully to 
        obtain anything of value; or
            ``(2) caller ID information pertaining to an actual person 
        or other entity without that person's or entity's consent and 
        with intent to deceive any person or other entity about the 
        identity of the caller;
or attempts or conspires to do so, shall be punished as provided in 
subsection (b).
    ``(b) Punishment.--Whoever violates subsection (a) shall--
            ``(1) if the offense is a violation of subsection (a)(1), 
        be fined under this title or imprisoned not more than 5 years, 
        or both; and
            ``(2) if the offense is a violation of subsection (a)(2), 
        be fined under this title or imprisoned not more than one year, 
        or both.
    ``(c) Law Enforcement Exception.--This section does not prohibit 
lawfully authorized investigative, protective, or intelligence activity 
of a law enforcement agency of the United States, a State, or a 
political subdivision of a State, or of an intelligence agency of the 
United States, or any activity authorized under chapter 224 of this 
title.
    ``(d) Forfeiture.--
            ``(1) In general.--The court, in imposing sentence on a 
        person who is convicted of an offense under this section, shall 
        order that the defendant forfeit to the United States--
                    ``(A) any property, real or personal, constituting 
                or traceable to gross proceeds obtained from such 
                offense; and
                    ``(B) any equipment, software or other technology 
                used or intended to be used to commit or to facilitate 
                the commission of such offense.
            ``(2) Procedures.--The procedures set forth in section 413 
        of the Controlled Substances Act (21 U.S.C. 853), other than 
        subsection (d) of that section, and in Rule 32.2 of the Federal 
        Rules of Criminal Procedure, shall apply to all stages of a 
        criminal forfeiture proceeding under this section.
    ``(e) Definitions.--In this section--
            ``(1) the term `caller ID information' means any 
        identifying information regarding the origination of a 
        telephone call, including the name or the telephone number of 
        the caller, that is transmitted with the telephone call;
            ``(2) the term `telephone call' means a call made using or 
        received on a telecommunications service or VOIP service;
            ``(3) the term `telecommunications service' means the 
        offering of telecommunications for a fee directly to the 
        public, or to such classes of users as to be effectively 
        available directly to the public, regardless of the facilities 
        used;
            ``(4) the term `VOIP service' means a service that--
                    ``(A) provides real-time or near real-time voice 
                communications transmitted using Internet Protocol, or 
                a successor protocol;
                    ``(B) 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
                    ``(C) has the capability to originate traffic to, 
                or terminate traffic from, the public switched 
                telephone network or a successor network; and
            ``(5) the term `State' includes a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 47 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1041. Caller ID spoofing.''.

SEC. 3. OTHER SPECIFIED UNLAWFUL ACTIVITIES FOR MONEY LAUNDERING.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``section 1037 (relating to fraud and related activity in 
connection with electronic mail), section 1040 (relating to caller ID 
spoofing),'' before ``section 1111''.
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