[Congressional Record Volume 156, Number 23 (Tuesday, February 23, 2010)]
[Senate]
[Pages S713-S714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     TRUTH IN CALLER ID ACT OF 2009

  Mr. REID. I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 194, S. 30.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 30) to amend the Communications Act of 1934 to 
     prohibit manipulation of caller identification information.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the Rockefeller 
amendment which is at the desk be agreed to, the bill as amended be 
read a third time and passed, the motion to reconsider be laid on the 
table, with no intervening action or debate, and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3325) was agreed to, as follows:

  (Purpose: To revise the provision relating to the effect of the new 
                       subsection on other laws)

       On page 3, beginning with line 23, strike through line 7 on 
     page 4.
       On page 8, between lines 17 and 18, insert the following:
       ``(7) Effect on other laws.--This subsection does not 
     prohibit any 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.
       On page 8, line 18, strike ``(7)'' and insert ``(8)''.
       On page 9, line 18, strike ``(8)'' and insert ``(9)''.

  The bill, as amended, was ordered to be engrossed for a third 
reading, was read the third time, and passed, as follows:

                                 S. 30

       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 ``Truth in Caller ID Act of 
     2009''.

     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 Inaccurate Caller 
     Identification Information.--
       ``(1) In general.--It shall be unlawful for any person 
     within the United States, in connection with any 
     telecommunications service or IP-enabled voice service, to 
     cause any caller identification service to knowingly transmit 
     misleading or inaccurate caller identification information 
     with the intent to defraud, cause harm, or wrongfully obtain 
     anything of value, unless such transmission is exempted 
     pursuant to paragraph (3)(B).
       ``(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.--
       ``(A) In general.--Not later than 6 months after the date 
     of enactment of the Truth in Caller ID Act of 2009, the 
     Commission shall prescribe regulations to implement this 
     subsection.
       ``(B) Content of regulations.--
       ``(i) In general.--The regulations required under 
     subparagraph (A) shall include such exemptions from the 
     prohibition under paragraph (1) as the Commission determines 
     is appropriate.
       ``(ii) Specific exemption for law enforcement agencies or 
     court orders.--The regulations required under subparagraph 
     (A) shall exempt from the prohibition under paragraph (1) 
     transmissions in connection with--

       ``(I) any authorized activity of a law enforcement agency; 
     or
       ``(II) a court order that specifically authorizes the use 
     of caller identification manipulation.

       ``(4) Report.--Not later than 6 months after the enactment 
     of the Truth in Caller ID Act of 2009, the Commission shall 
     report to Congress whether additional legislation is 
     necessary to prohibit the provision of inaccurate caller 
     identification information in technologies that are successor 
     or replacement technologies to telecommunications service or 
     IP-enabled voice service.
       ``(5) Penalties.--
       ``(A) Civil forfeiture.--
       ``(i) In general.--Any person that is determined by the 
     Commission, in accordance with paragraphs (3) and (4) of 
     section 503(b), to have violated this subsection shall be 
     liable to the United States for a forfeiture penalty. A 
     forfeiture penalty under this paragraph shall be in addition 
     to any other penalty provided for by this Act. The amount of 
     the forfeiture penalty determined under this paragraph shall 
     not exceed $10,000 for each violation, or 3 times that amount 
     for each day of a continuing violation, except that the 
     amount assessed for any continuing violation shall not exceed 
     a total of $1,000,000 for any single act or failure to act.
       ``(ii) Recovery.--Any forfeiture penalty determined under 
     clause (i) shall be recoverable pursuant to section 504(a).
       ``(iii) Procedure.--No forfeiture liability shall be 
     determined under clause (i) against any person unless such 
     person receives the notice required by section 503(b)(3) or 
     section 503(b)(4).

[[Page S714]]

       ``(iv) 2-year statute of limitations.--No forfeiture 
     penalty shall be determined or imposed against any person 
     under clause (i) if the violation charged occurred more than 
     2 years prior to the date of issuance of the required notice 
     or notice or apparent liability.
       ``(B) Criminal fine.--Any person who willfully and 
     knowingly violates this subsection shall upon conviction 
     thereof be fined not more than $10,000 for each violation, or 
     3 times that amount for each day of a continuing violation, 
     in lieu of the fine provided by section 501 for such a 
     violation. This subparagraph does not supersede the 
     provisions of section 501 relating to imprisonment or the 
     imposition of a penalty of both fine and imprisonment.
       ``(6) Enforcement by states.--
       ``(A) In general.--The chief legal officer of a State, or 
     any other State officer authorized by law to bring actions on 
     behalf of the residents of a State, may bring a civil action, 
     as parens patriae, on behalf of the residents of that State 
     in an appropriate district court of the United States to 
     enforce this subsection or to impose the civil penalties for 
     violation of this subsection, whenever the chief legal 
     officer or other State officer has reason to believe that the 
     interests of the residents of the State have been or are 
     being threatened or adversely affected by a violation of this 
     subsection or a regulation under this subsection.
       ``(B) Notice.--The chief legal officer or other State 
     officer shall serve written notice on the Commission of any 
     civil action under subparagraph (A) prior to initiating such 
     civil action. The notice shall include a copy of the 
     complaint to be filed to initiate such civil action, except 
     that if it is not feasible for the State to provide such 
     prior notice, the State shall provide such notice immediately 
     upon instituting such civil action.
       ``(C) Authority to intervene.--Upon receiving the notice 
     required by subparagraph (B), the Commission shall have the 
     right--
       ``(i) to intervene in the action;
       ``(ii) upon so intervening, to be heard on all matters 
     arising therein; and
       ``(iii) to file petitions for appeal.
       ``(D) Construction.--For purposes of bringing any civil 
     action under subparagraph (A), nothing in this paragraph 
     shall prevent the chief legal officer or other State officer 
     from exercising the powers conferred on that officer by the 
     laws of such State to conduct investigations or to administer 
     oaths or affirmations or to compel the attendance of 
     witnesses or the production of documentary and other 
     evidence.
       ``(E) Venue; service or process.--
       ``(i) Venue.--An action brought under subparagraph (A) 
     shall be brought in a district court of the United States 
     that meets applicable requirements relating to venue under 
     section 1391 of title 28, United States Code.
       ``(ii) Service of process.--In an action brought under 
     subparagraph (A)--

       ``(I) process may be served without regard to the 
     territorial limits of the district or of the State in which 
     the action is instituted; and
       ``(II) a person who participated in an alleged violation 
     that is being litigated in the civil action may be joined in 
     the civil action without regard to the residence of the 
     person.

       ``(7) Effect on other laws.--This subsection does not 
     prohibit any 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.
       ``(8) Definitions.--For purposes of this subsection:
       ``(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 IP-enabled voice 
     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 IP-enabled voice service. Such term includes 
     automatic number identification services.
       ``(C) IP-enabled voice service.--The term `IP-enabled voice 
     service' has the meaning given that term by section 9.3 of 
     the Commission's regulations (47 C.F.R. 9.3), as those 
     regulations may be amended by the Commission from time to 
     time.
       ``(9) Limitation.--Notwithstanding any other provision of 
     this section, subsection (f) shall not apply to this 
     subsection or to the regulations under this subsection.''.

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