[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1110 Referred in Senate (RFS)]
111th CONGRESS
1st Session
H. R. 1110
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 16, 2009
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
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;
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 or
received using any real time voice communications service,
regardless of the technology or network used; and
``(3) 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 1041 (relating to caller ID
spoofing),'' before ``section 1111''.
Passed the House of Representatives December 16, 2009.
Attest:
LORRAINE C. MILLER,
Clerk.