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[Senate Report 111-96]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 194
111th Congress                                                   Report
  1st Session                 SENATE                             111-96                                                                ______________________________________________________________________
 
                     TRUTH IN CALLER ID ACT OF 2009 

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 30

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     

                November 2, 2009.--Ordered to be printed

                               ----------
                      U.S. GOVERNMENT PRINTING OFFICE 

89-010                        WASHINGTON : 2009 

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, Colorado                  MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Chief of Staff
                   James Reid, Deputy Chief of Staff
                     Bruce Andrews, General Counsel
             Ann Begeman, Acting Republican Staff Director
               Brian Hendricks, Republican Chief Counsel
                Todd Bertoson, Republican Senior Counsel

                                                       Calendar No. 194
111th Congress                                                   Report
  1st Session                  SENATE                            111-96
======================================================================

                     TRUTH IN CALLER ID ACT OF 2009

                                _______
                                

                November 2, 2009.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                          [To accompany S. 30]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 30) to amend the Communications 
Act of 1934 to prohibit manipulation of caller identification 
information, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                          Purpose of the Bill

  The purpose of S. 30 is to prohibit persons from causing 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.

                          Background and Needs

  Most companies that offer basic telephone service also offer 
a caller identification (ID) service that can provide their 
customers with the telephone number or name of the calling 
party. Some callers, however, are employing technology to alter 
the name or number that appears on the recipient's caller ID 
display. This practice is known as ``ID spoofing.''
  ID spoofing can make a call appear to come from any phone 
number the caller wishes. For instance, the AARP issued a 
``scam alert'' when someone posing as a courthouse employee 
called a Sterling, Michigan, woman claiming that she had missed 
jury duty that week. The caller threatened that a warrant was 
being issued for her arrest and then asked her to confirm her 
Social Security number in order to verify her identity. This 
scam appeared even more real when the person responsible used 
caller ID spoofing to display the name and number of the 
courthouse on the ID box. In another widely-reported case of ID 
spoofing, a SWAT team shut down a neighborhood in New 
Brunswick, New Jersey, after receiving what they believed was a 
legitimate distress call. A caller had used spoofing to trick 
law enforcement into thinking that an emergency call was coming 
from an apartment in the neighborhood. In yet another example, 
identity thieves bought a number of stolen credit card numbers. 
They called Western Union, set up caller ID information to make 
it look like the call originated from the credit card holder 
phone line, and used the credit card numbers to order cash 
transfers.
  Traditionally, caller ID works through the use of signaling 
system 7 (SS7), which is the standard for connecting phone 
companies' networks worldwide. SS7 allows the originator's 
local telephone exchange to send a calling party number (CPN), 
which includes the number of the caller and whether or not the 
caller wants their number to be blocked.
  Federal Communications Commission (FCC) regulations require 
that when a telecommunications carrier uses SS7 to set up a 
call, it must transmit the CPN and its associated privacy 
indicator for that call to the connecting carrier. Customers 
who order traditional caller ID services and have caller ID-
capable phones or boxes will receive the CPN and name of the 
calling party when their phone rings. By FCC regulation, 
consumers also have the right to conceal their CPN, by dialing 
*67.
  In the past, it has been possible to ``spoof'' or manipulate 
caller ID information over traditional phone calls. However, 
such spoofing required special phone connections and expensive 
equipment. With advances in technology and the widespread 
availability of Voice over Internet Protocol, or Internet 
protocol-enabled (IP-enabled) voice services, however, it has 
become easier for callers to transmit any caller ID information 
the calling party chooses. IP-enabled voice services can give 
the calling party far more control over the content and 
transmission of caller ID than traditional analog phone 
service. Moreover, there are a number of online sites that 
offer spoofing services, eliminating the need for any 
specialized hardware. Many of these caller ID spoofing services 
promote themselves for use in ``prank calls'' or ``for 
entertainment purposes only.'' However, these services can be 
accessed easily by criminals, identity thieves, or others who 
wish to harm or deceive someone.
  Although there are many more examples of harmful uses of ID 
spoofing, it is important to recognize that there are some more 
benign uses of this technology. For instance, the National 
Network to End Domestic Violence has explained that many phones 
are set to refuse blocked or private calls. It therefore 
becomes important for domestic violence shelters to transmit 
caller ID information so a call is completed, but it may be 
necessary to alter the caller ID information to ensure the 
safety of domestic violence victims. In addition, some IP-
enabled services providers suggest that there are innovative 
services that legitimately involve changes in caller ID 
information, such as providing consumers with the ability to 
provide a temporary callback number that is different from 
their assigned caller ID. As a result, efforts to curtail ID 
spoofing should focus on actions by persons with intent to 
deceive or cause harm.

                         Summary of Provisions

  S. 30, the Truth in Caller ID Act of 2009, would amend the 
Communications Act of 1934 to prohibit persons from causing 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.
  The bill would make harmful uses of caller ID spoofing 
unlawful, while providing exemptions for authorized law 
enforcement, court orders, and intelligence activities. In 
addition, the bill would allow for additional exemptions from 
the prohibition on ID spoofing that the FCC determines are 
appropriate. The FCC would be charged with developing 
regulations to implement the Truth in Caller ID Act within six 
months. The FCC would also be required to report to Congress on 
whether additional legislation is necessary to prohibit the 
provision of inaccurate caller ID information in technologies 
that are successors to telecommunications service or IP-enabled 
voice service.
  FCC regulations currently provide callers with the right to 
block the capability of any caller identification service to 
transmit caller identification information. The bill makes 
clear that it would not prevent or restrict persons from 
blocking services this way.
  The bill would authorize civil penalties of up to $10,000 for 
each violation, or three times that amount for each day of a 
continuing violation, up to a total of $1,000,000 for any 
single act or failure to act. A two-year statute of limitation 
applies to these civil penalties. In addition, the bill would 
authorize criminal fines of up to $10,000 for each violation, 
or three times that amount for each day of continuing 
violation, in lieu of civil penalties.
  States would be provided with the authority to bring actions 
under this section on behalf of the residents of a State in an 
appropriate federal district court. The FCC would be provided 
with the right to intervene in such cases.

                          Legislative History

  In the 110th Congress, the Truth in Caller ID Act of 2007 (S. 
704) was introduced by Senator Bill Nelson on February 28, 
2007, and referred to the Senate Committee on Commerce, 
Science, and Transportation. On June 21, 2007, the Committee 
held a hearing on ID Spoofing. On June 27, 2007, the Committee 
considered the bill in an open Executive Session, which was 
adopted as part of a substitute and manager's package by voice 
vote.
  In the 111th Congress, the Truth in Caller ID Act of 2009 (S. 
30) was introduced by Senator Bill Nelson on January 7, 2009, 
and referred to the Committee. The bill is cosponsored by 
Senators Snowe, McCaskill, and Klobuchar. On August 5, 2009, 
the Committee considered the bill in an open Executive Session. 
The bill was adopted by voice vote. The Committee, without 
objection, ordered that S. 30 be reported.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
                                                   August 24, 2009.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 30, the Truth in 
Caller ID Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 30--Truth in Caller ID Act of 2009

    S. 30 would amend the Communications Act of 1934 to 
prohibit caller identification services (known as Caller ID) 
from transmitting misleading or inaccurate information with the 
intent to defraud or cause harm. Caller ID allows consumers to 
see the names and telephone numbers of incoming calls. 
Prohibitions under the bill would apply to both traditional 
telephone and voice over Internet protocol services.
    Based on information from the FCC, CBO expects that 
developing and enforcing regulations required under the bill 
will cost about $1 million annually, assuming appropriation of 
the necessary amounts. Furthermore, under current law the FCC 
is authorized to collect fees from the telecommunications 
industry sufficient to offset the cost of its regulatory 
program. Therefore, CBO estimates the net budgetary impact of 
S. 30 would be negligible.
    Enacting S. 30 could increase federal revenues and direct 
spending by increasing collections of civil, criminal, and 
forfeiture penalties for violations of the Caller ID 
prohibitions. All such penalties are recorded in the budget as 
revenues. Collections of criminal penalties are deposited in 
the Crime Victims Fund and spent in subsequent years. CBO 
estimates that any increase in revenues and direct spending 
that would result from enacting the bill would not be 
significant because of the relatively small number of cases 
likely to be involved.
    S. 30 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
bill would allow states to bring civil actions on behalf of 
their residents in district courts, but require them to notify 
the FCC of those actions. The FCC would be allowed to intervene 
in such actions. Any costs to states would be incurred 
voluntarily.
    The CBO staff contact for this estimate is Susan Willie. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 30 is intended to prohibit the use of 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. 
The persons subject to the regulations the FCC implements under 
this section are those manipulating caller identification 
information with intent to deceive or cause harm.

                            ECONOMIC IMPACT

  S. 30 would not have an adverse impact on the nation's 
economy.

                                PRIVACY

  Except for the privacy impact on those persons who would 
knowingly transmit misleading or inaccurate caller 
identification information with the intent to defraud, cause 
harm, or wrongfully obtain anything of value, the reported bill 
would have no impact on the personal privacy of U.S. citizens.

                               PAPERWORK

  The reported bill should not significantly increase paperwork 
requirements for individuals and businesses.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:

                      Section-by-Section Analysis

Section 1. Short title.

  This section would provide that the legislation may be cited 
as the Truth in Caller ID Act of 2009.

Section 2. Prohibition Regarding Manipulation of Caller Identification 
        Information.

  Section 2 would add a new subsection (e) to section 227 of 
the Communications Act, and would redesignate existing 
subsections (e), (f), and (g) as (f), (g), and (h), 
respectively.
  New subsection (e)(1) would prohibit persons within the 
United States from causing 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 exempted 
under (e)(3)(B).
  New subsection (e)(2) would clarify that nothing in 
subsection (e) prevents or restricts any person from blocking 
caller identification service.
  New subsection (e)(3)(A) would direct the FCC to prescribe 
regulations to implement new subsection (e) not later than six 
months after enactment. New subsection (e)(3)(B)(i) would 
provide that these regulations shall include exemptions from 
the prohibition described in new subsection (e)(1) that the FCC 
determines are appropriate. In addition, new subsection 
(e)(3)(B)(ii) would provide that these regulations shall 
include exemptions from the prohibition described in new 
subsection (e)(1) that are in connection with authorized 
activity of a law enforcement agency or a court order that 
specifically authorizes the use of caller identification 
manipulation. New subsection (e)(3)(B)(iii) also would clarify 
that nothing in new subsection (e) shall be construed to 
authorize or prohibit investigative, protective, or 
intelligence activities performed by a law enforcement agency 
of the United States, a State or a political subdivision of a 
State, or by an intelligence agency of the United States, in 
connection with official duties and under all applicable laws.
  New subsection (e)(4) would require the FCC to report to 
Congress, not later than six months after enactment, whether 
additional legislation is necessary to prohibit the provision 
of inaccurate caller identification information in technologies 
that are successors or replacements for telecommunications 
service or IP-enabled voice service.
  New subsection (e)(5) would establish penalties for violation 
of new subsection (e). New subsection (e)(5)(A)(i) would 
authorize civil penalties not to exceed $10,000 for each 
violation or three times that amount for each day of a 
continuing violation, with no amount for any continuing 
violation exceeding a total of $1,000,000 for any single act or 
failure to act. Subsection (e)(5)(A)(ii) would clarify that 
civil forfeiture penalties shall be recovered under section 
504(a) of the Communications Act. New subsection (e)(5)(A)(iii) 
would clarify that forfeiture liability determined under new 
subsection (e)(5)(A)(i) would require notice pursuant to 
section 503(b)(3) and 503(b)(4) of the Communications Act. In 
addition, new subsection (e)(5)(A)(iv) would impose a two-year 
statute of limitations on civil forfeiture penalties. New 
subsection (e)(5)(B) would authorize criminal fines of not more 
than $10,000 for each willful and knowing violation, or three 
times that amount for each day of a continuing violation in 
lieu of the fine provided by section 501 of the Communications 
Act.
  New subsection (e)(6) would provide for enforcement by the 
states. New subsection (e)(6)(A) would authorize 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 
to bring a civil action for violation of subsection (e). New 
subsection (e)(6)(B) would require the relevant state officer 
to serve written notice on the FCC prior to initiating any 
civil action taken under new subsection (e)(6)(A). New 
subsection (e)(6)(C) further would grant the FCC the right to 
intervene in the action and file petitions for appeal. New 
subsection (e)(6)(D) would clarify that nothing in new 
subsection (e) prevents state officers from exercising the 
powers conferred on them by the State. New subsection (e)(6)(E) 
would provide that actions brought under new subsection 
(e)(6)(A) may be brought in a district court of the United 
States and describes service of process.
  New subsection (e)(7) would provide for the purposes of new 
subsection (e) definitions for caller identification 
information, caller identification service, and IP-enabled 
voice service.
  New subsection (e)(8) would clarify that redesignated section 
227(f) of the Communications Act does not apply to new 
subsection (e) or any regulations promulgated pursuant to new 
subsection (e).

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                       COMMUNICATIONS ACT OF 1934

SEC. 227. RESTRICTIONS ON USE OF TELEPHONE EQUIPMENT.

                            [47 U.S.C. 227]

  (a) Definitions.--As used in this section--
          (1) The term ``automatic telephone dialing system'' 
        means equipment which has the capacity--
                  (A) to store or produce telephone numbers to 
                be called, using a random or sequential number 
                generator; and
                  (B) to dial such numbers.
          (2) The term ``established business relationship'' , 
        for purposes only of subsection (b)(1)(C)(i), shall 
        have the meaning given the term in section 64.1200 of 
        title 47, Code of Federal Regulations, as in effect on 
        January 1, 2003, except that--
                  (A) such term shall include a relationship 
                between a person or entity and a business 
                subscriber subject to the same terms applicable 
                under such section to a relationship between a 
                person or entity and a residential subscriber; 
                and
                  (B) an established business relationship 
                shall be subject to any time limitation 
                established pursuant to paragraph (2)(G).
          (3) The term ``telephone facsimile machine'' means 
        equipment which has the capacity (A) to transcribe text 
        or images, or both, from paper into an electronic 
        signal and to transmit that signal over a regular 
        telephone line, or (B) to transcribe text or images (or 
        both) from an electronic signal received over a regular 
        telephone line onto paper.
          (4) The term ``telephone solicitation'' means the 
        initiation of a telephone call or message for the 
        purpose of encouraging the purchase or rental of, or 
        investment in, property, goods, or services, which is 
        transmitted to any person, but such term does not 
        include a call or message (A) to any person with that 
        person's prior express invitation or permission, (B) to 
        any person with whom the caller has an established 
        business relationship, or (C) by a tax exempt nonprofit 
        organization.
          (5) The term ``unsolicited advertisement'' means any 
        material advertising the commercial availability or 
        quality of any property, goods, or services which is 
        transmitted to any person without that person's prior 
        express invitation or permission, in writing or 
        otherwise.
  (b) Restrictions on Use of Automated Telephone Equipment.--
          (1) Prohibitions.--It shall be unlawful for any 
        person within the United States, or any person outside 
        the United States if the recipient is within the United 
        States--
                  (A) to make any call (other than a call made 
                for emergency purposes or made with the prior 
                express consent of the called party) using any 
                automatic telephone dialing system or an 
                artificial or prerecorded voice--
                          (i) to any emergency telephone line 
                        (including any ``911'' line and any 
                        emergency line of a hospital, medical 
                        physician or service office, health 
                        care facility, poison control center, 
                        or fire protection or law enforcement 
                        agency);
                          (ii) to the telephone line of any 
                        guest room or patient room of a 
                        hospital, health care facility, elderly 
                        home, or similar establishment; or
                          (iii) to any telephone number 
                        assigned to a paging service, cellular 
                        telephone service, specialized mobile 
                        radio service, or other radio common 
                        carrier service, or any service for 
                        which the called party is charged for 
                        the call;
                  (B) to initiate any telephone call to any 
                residential telephone line using an artificial 
                or prerecorded voice to deliver a message 
                without the prior express consent of the called 
                party, unless the call is initiated for 
                emergency purposes or is exempted by rule or 
                order by the Commission under paragraph (2)(B);
                  (C) to use any telephone facsimile machine, 
                computer, or other device to send, to a 
                telephone facsimile machine, an unsolicited 
                advertisement, unless--
                          (i) the unsolicited advertisement is 
                        from a sender with an established 
                        business relationship with the 
                        recipient;
                          (ii) the sender obtained the number 
                        of the telephone facsimile machine 
                        through--
                                  (I) the voluntary 
                                communication of such number, 
                                within the context of such 
                                established business 
                                relationship, from the 
                                recipient of the unsolicited 
                                advertisement, or
                                  (II) a directory, 
                                advertisement, or site on the 
                                Internet to which the recipient 
                                voluntarily agreed to make 
                                available its facsimile number 
                                for public distribution, except 
                                that this clause shall not 
                                apply in the case of an 
                                unsolicited advertisement that 
                                is sent based on an established 
                                business relationship with the 
                                recipient that was in existence 
                                before the date of enactment of 
                                the Junk Fax Prevention Act of 
                                2005 if the sender possessed 
                                the facsimile machine number of 
                                the recipient before such date 
                                of enactment; and
                          (iii) the unsolicited advertisement 
                        contains a notice meeting the 
                        requirements under paragraph (2)(D), 
                        except that the exception under clauses 
                        (i) and (ii) shall not apply with 
                        respect to an unsolicited advertisement 
                        sent to a telephone facsimile machine 
                        by a sender to whom a request has been 
                        made not to send future unsolicited 
                        advertisements to such telephone 
                        facsimile machine that complies with 
                        the requirements under paragraph 
                        (2)(E); or
                  (D) to use an automatic telephone dialing 
                system in such a way that two or more telephone 
                lines of a multi-line business are engaged 
                simultaneously.
          (2) Regulations; exemptions and other provisions.--
        The Commission shall prescribe regulations to implement 
        the requirements of this subsection. In implementing 
        the requirements of this subsection, the Commission--
                  (A) shall consider prescribing regulations to 
                allow businesses to avoid receiving calls made 
                using an artificial or prerecorded voice to 
                which they have not given their prior express 
                consent;
                  (B) may, by rule or order, exempt from the 
                requirements of paragraph (1)(B) of this 
                subsection, subject to such conditions as the 
                Commission may prescribe--
                          (i) calls that are not made for a 
                        commercial purpose; and
                          (ii) such classes or categories of 
                        calls made for commercial purposes as 
                        the Commission determines--
                                  (I) will not adversely affect 
                                the privacy rights that this 
                                section is intended to protect; 
                                and
                                  (II) do not include the 
                                transmission of any unsolicited 
                                advertisement;
                  (C) may, by rule or order, exempt from the 
                requirements of paragraph (1)(A)(iii) of this 
                subsection calls to a telephone number assigned 
                to a cellular telephone service that are not 
                charged to the called party, subject to such 
                conditions as the Commission may prescribe as 
                necessary in the interest of the privacy rights 
                this section is intended to protect;
                  (D) shall provide that a notice contained in 
                an unsolicited advertisement complies with the 
                requirements under this subparagraph only if--
                          (i) the notice is clear and 
                        conspicuous and on the first page of 
                        the unsolicited advertisement;
                          (ii) the notice states that the 
                        recipient may make a request to the 
                        sender of the unsolicited advertisement 
                        not to send any future unsolicited 
                        advertisements to a telephone facsimile 
                        machine or machines and that failure to 
                        comply, within the shortest reasonable 
                        time, as determined by the Commission, 
                        with such a request meeting the 
                        requirements under subparagraph (E) is 
                        unlawful;
                          (iii) the notice sets forth the 
                        requirements for a request under 
                        subparagraph (E);
                          (iv) the notice includes--
                                  (I) a domestic contact 
                                telephone and facsimile machine 
                                number for the recipient to 
                                transmit such a request to the 
                                sender; and
                                  (II) a cost-free mechanism 
                                for a recipient to transmit a 
                                request pursuant to such notice 
                                to the sender of the 
                                unsolicited advertisement; the 
                                Commission shall by rule 
                                require the sender to provide 
                                such a mechanism and may, in 
                                the discretion of the 
                                Commission and subject to such 
                                conditions as the Commission 
                                may prescribe, exempt certain 
                                classes of small business 
                                senders, but only if the 
                                Commission determines that the 
                                costs to such class are unduly 
                                burdensome given the revenues 
                                generated by such small 
                                businesses;
                          (v) the telephone and facsimile 
                        machine numbers and the cost-free 
                        mechanism set forth pursuant to clause 
                        (iv) permit an individual or business 
                        to make such a request at any time on 
                        any day of the week; and
                          (vi) the notice complies with the 
                        requirements of subsection (d);
                  (E) shall provide, by rule, that a request 
                not to send future unsolicited advertisements 
                to a telephone facsimile machine complies with 
                the requirements under this subparagraph only 
                if--
                          (i) the request identifies the 
                        telephone number or numbers of the 
                        telephone facsimile machine or machines 
                        to which the request relates;
                          (ii) the request is made to the 
                        telephone or facsimile number of the 
                        sender of such an unsolicited 
                        advertisement provided pursuant to 
                        subparagraph (D)(iv) or by any other 
                        method of communication as determined 
                        by the Commission; and
                          (iii) the person making the request 
                        has not, subsequent to such request, 
                        provided express invitation or 
                        permission to the sender, in writing or 
                        otherwise, to send such advertisements 
                        to such person at such telephone 
                        facsimile machine;
                  (F) may, in the discretion of the Commission 
                and subject to such conditions as the 
                Commission may prescribe, allow professional or 
                trade associations that are tax-exempt 
                nonprofit organizations to send unsolicited 
                advertisements to their members in furtherance 
                of the association's tax-exempt purpose that do 
                not contain the notice required by paragraph 
                (1)(C)(iii), except that the Commission may 
                take action under this subparagraph only--
                          (i) by regulation issued after public 
                        notice and opportunity for public 
                        comment; and
                          (ii) if the Commission determines 
                        that such notice required by paragraph 
                        (1)(C)(iii) is not necessary to protect 
                        the ability of the members of such 
                        associations to stop such associations 
                        from sending any future unsolicited 
                        advertisements; and
                  (G)
                          (i) may, consistent with clause (ii), 
                        limit the duration of the existence of 
                        an established business relationship, 
                        however, before establishing any such 
                        limits, the Commission shall--
                                  (I) determine whether the 
                                existence of the exception 
                                under paragraph (1)(C) relating 
                                to an established business 
                                relationship has resulted in a 
                                significant number of 
                                complaints to the Commission 
                                regarding the sending of 
                                unsolicited advertisements to 
                                telephone facsimile machines;
                                  (II) determine whether a 
                                significant number of any such 
                                complaints involve unsolicited 
                                advertisements that were sent 
                                on the basis of an established 
                                business relationship that was 
                                longer in duration than the 
                                Commission believes is 
                                consistent with the reasonable 
                                expectations of consumers;
                                  (III) evaluate the costs to 
                                senders of demonstrating the 
                                existence of an established 
                                business relationship within a 
                                specified period of time and 
                                the benefits to recipients of 
                                establishing a limitation on 
                                such established business 
                                relationship; and
                                  (IV) determine whether with 
                                respect to small businesses, 
                                the costs would not be unduly 
                                burdensome; and
                          (ii) may not commence a proceeding to 
                        determine whether to limit the duration 
                        of the existence of an established 
                        business relationship before the 
                        expiration of the 3-month period that 
                        begins on the date of the enactment of 
                        the Junk Fax Prevention Act of 2005.
          (3) Private right of action.--A person or entity may, 
        if otherwise permitted by the laws or rules of court of 
        a State, bring in an appropriate court of that State--
                  (A) an action based on a violation of this 
                subsection or the regulations prescribed under 
                this subsection to enjoin such violation,
                  (B) an action to recover for actual monetary 
                loss from such a violation, or to receive $ 500 
                in damages for each such violation, whichever 
                is greater, or
                  (C) both such actions.
If the court finds that the defendant willfully or knowingly 
violated this subsection or the regulations prescribed under 
this subsection, the court may, in its discretion, increase the 
amount of the award to an amount equal to not more than 3 times 
the amount available under subparagraph (B) of this paragraph.
  (c) Protection of Subscriber Privacy Rights.--
          (1) Rulemaking proceeding required.--Within 120 days 
        after the date of enactment of this section, the 
        Commission shall initiate a rulemaking proceeding 
        concerning the need to protect residential telephone 
        subscribers' privacy rights to avoid receiving 
        telephone solicitations to which they object. The 
        proceeding shall--
                  (A) compare and evaluate alternative methods 
                and procedures (including the use of electronic 
                databases, telephone network technologies, 
                special directory markings, industry-based or 
                company-specific ``do not call'' systems, and 
                any other alternatives, individually or in 
                combination) for their effectiveness in 
                protecting such privacy rights, and in terms of 
                their cost and other advantages and 
                disadvantages;
                  (B) evaluate the categories of public and 
                private entities that would have the capacity 
                to establish and administer such methods and 
                procedures;
                  (C) consider whether different methods and 
                procedures may apply for local telephone 
                solicitations, such as local telephone 
                solicitations of small businesses or holders of 
                second class mail permits;
                  (D) consider whether there is a need for 
                additional Commission authority to further 
                restrict telephone solicitations, including 
                those calls exempted under subsection (a)(3) of 
                this section, and, if such a finding is made 
                and supported by the record, propose specific 
                restrictions to the Congress; and
                  (E) develop proposed regulations to implement 
                the methods and procedures that the Commission 
                determines are most effective and efficient to 
                accomplish the purposes of this section.
          (2) Regulations.--Not later than 9 months after the 
        date of enactment of this section, the Commission shall 
        conclude the rulemaking proceeding initiated under 
        paragraph (1) and shall prescribe regulations to 
        implement methods and procedures for protecting the 
        privacy rights described in such paragraph in an 
        efficient, effective, and economic manner and without 
        the imposition of any additional charge to telephone 
        subscribers.
          (3) Use of database permitted.--The regulations 
        required by paragraph (2) may require the establishment 
        and operation of a single national database to compile 
        a list of telephone numbers of residential subscribers 
        who object to receiving telephone solicitations, and to 
        make that compiled list and parts thereof available for 
        purchase. If the Commission determines to require such 
        a database, such regulations shall--
                  (A) specify a method by which the Commission 
                will select an entity to administer such 
                database;
                  (B) require each common carrier providing 
                telephone exchange service, in accordance with 
                regulations prescribed by the Commission, to 
                inform subscribers for telephone exchange 
                service of the opportunity to provide 
                notification, in accordance with regulations 
                established under this paragraph, that such 
                subscriber objects to receiving telephone 
                solicitations;
                  (C) specify the methods by which each 
                telephone subscriber shall be informed, by the 
                common carrier that provides local exchange 
                service to that subscriber, of (i) the 
                subscriber's right to give or revoke a 
                notification of an objection under subparagraph 
                (A), and (ii) the methods by which such right 
                may be exercised by the subscriber;
                  (D) specify the methods by which such 
                objections shall be collected and added to the 
                database;
                  (E) prohibit any residential subscriber from 
                being charged for giving or revoking such 
                notification or for being included in a 
                database compiled under this section;
                  (F) prohibit any person from making or 
                transmitting a telephone solicitation to the 
                telephone number of any subscriber included in 
                such database;
                  (G) specify (i) the methods by which any 
                person desiring to make or transmit telephone 
                solicitations will obtain access to the 
                database, by area code or local exchange 
                prefix, as required to avoid calling the 
                telephone numbers of subscribers included in 
                such database; and (ii) the costs to be 
                recovered from such persons;
                  (H) specify the methods for recovering, from 
                persons accessing such database, the costs 
                involved in identifying, collecting, updating, 
                disseminating, and selling, and other 
                activities relating to, the operations of the 
                database that are incurred by the entities 
                carrying out those activities;
                  (I) specify the frequency with which such 
                database will be updated and specify the method 
                by which such updating will take effect for 
                purposes of compliance with the regulations 
                prescribed under this subsection;
                  (J) be designed to enable States to use the 
                database mechanism selected by the Commission 
                for purposes of administering or enforcing 
                State law;
                  (K) prohibit the use of such database for any 
                purpose other than compliance with the 
                requirements of this section and any such State 
                law and specify methods for protection of the 
                privacy rights of persons whose numbers are 
                included in such database; and
                  (L) require each common carrier providing 
                services to any person for the purpose of 
                making telephone solicitations to notify such 
                person of the requirements of this section and 
                the regulations thereunder.
          (4) Considerations required for use of database 
        method.--If the Commission determines to require the 
        database mechanism described in paragraph (3), the 
        Commission shall--
                  (A) in developing procedures for gaining 
                access to the database, consider the different 
                needs of telemarketers conducting business on a 
                national, regional, State, or local level;
                  (B) develop a fee schedule or price structure 
                for recouping the cost of such database that 
                recognizes such differences and--
                          (i) reflect the relative costs of 
                        providing a national, regional, State, 
                        or local list of phone numbers of 
                        subscribers who object to receiving 
                        telephone solicitations;
                          (ii) reflect the relative costs of 
                        providing such lists on paper or 
                        electronic media; and
                          (iii) not place an unreasonable 
                        financial burden on small businesses; 
                        and
                  (C) consider (i) whether the needs of 
                telemarketers operating on a local basis could 
                be met through special markings of area white 
                pages directories, and (ii) if such directories 
                are needed as an adjunct to database lists 
                prepared by area code and local exchange 
                prefix.
          (5) Private right of action.--A person who has 
        received more than one telephone call within any 12-
        month period by or on behalf of the same entity in 
        violation of the regulations prescribed under this 
        subsection may, if otherwise permitted by the laws or 
        rules of court of a State bring in an appropriate court 
        of that State--
                  (A) an action based on a violation of the 
                regulations prescribed under this subsection to 
                enjoin such violation,
                  (B) an action to recover for actual monetary 
                loss from such a violation, or to receive up to 
                $500 in damages for each such violation, 
                whichever is greater, or
                  (C) both such actions.
        It shall be an affirmative defense in any action 
        brought under this paragraph that the defendant has 
        established and implemented, with due care, reasonable 
        practices and procedures to effectively prevent 
        telephone solicitations in violation of the regulations 
        prescribed under this subsection. If the court finds 
        that the defendant willfully or knowingly violated the 
        regulations prescribed under this subsection, the court 
        may, in its discretion, increase the amount of the 
        award to an amount equal to not more than 3 times the 
        amount available under subparagraph (B) of this 
        paragraph.
          (6) Relation to subsection (b).--The provisions of 
        this subsection shall not be construed to permit a 
        communication prohibited by subsection (b).
  (d) Technical and Procedural Standards.--
          (1) Prohibition.--It shall be unlawful for any person 
        within the United States--
                  (A) to initiate any communication using a 
                telephone facsimile machine, or to make any 
                telephone call using any automatic telephone 
                dialing system, that does not comply with the 
                technical and procedural standards prescribed 
                under this subsection, or to use any telephone 
                facsimile machine or automatic telephone 
                dialing system in a manner that does not comply 
                with such standards; or
                  (B) to use a computer or other electronic 
                device to send any message via a telephone 
                facsimile machine unless such person clearly 
                marks, in a margin at the top or bottom of each 
                transmitted page of the message or on the first 
                page of the transmission, the date and time it 
                is sent and an identification of the business, 
                other entity, or individual sending the message 
                and the telephone number of the sending machine 
                or of such business, other entity, or 
                individual.
          (2) Telephone facsimile machines.--The Commission 
        shall revise the regulations setting technical and 
        procedural standards for telephone facsimile machines 
        to require that any such machine which is manufactured 
        after one year after the date of enactment of this 
        section clearly marks, in a margin at the top or bottom 
        of each transmitted page or on the first page of each 
        transmission, the date and time sent, an identification 
        of the business, other entity, or individual sending 
        the message, and the telephone number of the sending 
        machine or of such business, other entity, or 
        individual.
          (3) Artificial or prerecorded voice systems.--The 
        Commission shall prescribe technical and procedural 
        standards for systems that are used to transmit any 
        artificial or prerecorded voice message via telephone. 
        Such standards shall require that--
                  (A) all artificial or prerecorded telephone 
                messages (i) shall, at the beginning of the 
                message, state clearly the identity of the 
                business, individual, or other entity 
                initiating the call, and (ii) shall, during or 
                after the message, state clearly the telephone 
                number or address of such business, other 
                entity, or individual; and
                  (B) any such system will automatically 
                release the called party's line within 5 
                seconds of the time notification is transmitted 
                to the system that the called party has hung 
                up, to allow the called party's line to be used 
                to make or receive other calls.
  (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.
                          (iii) Effect on other laws.--Nothing 
                        in this subsection shall be construed 
                        to authorize or prohibit any 
                        investigative, protective, or 
                        intelligence activities performed in 
                        connection with official duties and in 
                        accordance with all applicable laws, by 
                        a law enforcement agency of the United 
                        States, a State, or a political 
                        subdivision of a State, or by an 
                        intelligence agency of the United 
                        States.
          (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).
                          (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) 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.
          (8) Limitation.--Notwithstanding any other provision 
        of this section, subsection (f) shall not apply to this 
        subsection or to the regulations under this subsection.
  [(e)] (f) Effect on State Law.--
          (1) State law not preempted.--Except for the 
        standards prescribed under subsection (d) and subject 
        to paragraph (2) of this subsection, nothing in this 
        section or in the regulations prescribed under this 
        section shall preempt any State law that imposes more 
        restrictive intrastate requirements or regulations on, 
        or which prohibits--
                  (A) the use of telephone facsimile machines 
                or other electronic devices to send unsolicited 
                advertisements;
                  (B) the use of automatic telephone dialing 
                systems;
                  (C) the use of artificial or prerecorded 
                voice messages; or
                  (D) the making of telephone solicitations.
          (2) State use of databases.--If, pursuant to 
        subsection (c)(3), the Commission requires the 
        establishment of a single national database of 
        telephone numbers of subscribers who object to 
        receiving telephone solicitations, a State or local 
        authority may not, in its regulation of telephone 
        solicitations, require the use of any database, list, 
        or listing system that does not include the part of 
        such single national database that relates to such 
        State.
  [(f)] (g) Actions by States.--
          (1) Authority of states.--Whenever the attorney 
        general of a State, or an official or agency designated 
        by a State, has reason to believe that any person has 
        engaged or is engaging in a pattern or practice of 
        telephone calls or other transmissions to residents of 
        that State in violation of this section or the 
        regulations prescribed under this section, the State 
        may bring a civil action on behalf of its residents to 
        enjoin such calls, an action to recover for actual 
        monetary loss or receive $500 in damages for each 
        violation, or both such actions. If the court finds the 
        defendant willfully or knowingly violated such 
        regulations, the court may, in its discretion, increase 
        the amount of the award to an amount equal to not more 
        than 3 times the amount available under the preceding 
        sentence.
          (2) Exclusive jurisdiction of Federal courts.--The 
        district courts of the United States, the United States 
        courts of any territory, and the District Court of the 
        United States for the District of Columbia shall have 
        exclusive jurisdiction over all civil actions brought 
        under this subsection. Upon proper application, such 
        courts shall also have jurisdiction to issue writs of 
        mandamus, or orders affording like relief, commanding 
        the defendant to comply with the provisions of this 
        section or regulations prescribed under this section, 
        including the requirement that the defendant take such 
        action as is necessary to remove the danger of such 
        violation. Upon a proper showing, a permanent or 
        temporary injunction or restraining order shall be 
        granted without bond.
          (3) Rights of commission.--The State shall serve 
        prior written notice of any such civil action upon the 
        Commission and provide the Commission with a copy of 
        its complaint, except in any case where such prior 
        notice is not feasible, in which case the State shall 
        serve such notice immediately upon instituting such 
        action. The Commission shall have the right (A) to 
        intervene in the action, (B) upon so intervening, to be 
        heard on all matters arising therein, and (C) to file 
        petitions for appeal.
          (4) Venue; service of process.--Any civil action 
        brought under this subsection in a district court of 
        the United States may be brought in the district 
        wherein the defendant is found or is an inhabitant or 
        transacts business or wherein the violation occurred or 
        is occurring, and process in such cases may be served 
        in any district in which the defendant is an inhabitant 
        or where the defendant may be found.
          (5) Investigatory powers.--For purposes of bringing 
        any civil action under this subsection, nothing in this 
        section shall prevent the attorney general of a State, 
        or an official or agency designated by a State, from 
        exercising the powers conferred on the attorney general 
        or such official 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.
          (6) Effect on state court proceedings.--Nothing 
        contained in this subsection shall be construed to 
        prohibit an authorized State official from proceeding 
        in State court on the basis of an alleged violation of 
        any general civil or criminal statute of such State.
          (7) Limitation.--Whenever the Commission has 
        instituted a civil action for violation of regulations 
        prescribed under this section, no State may, during the 
        pendency of such action instituted by the Commission, 
        subsequently institute a civil action against any 
        defendant named in the Commission's complaint for any 
        violation as alleged in the Commission's complaint.
          (8) Definition.--As used in this subsection, the term 
        ``attorney general'' means the chief legal officer of a 
        State.
  [(g)] (h) Junk Fax Enforcement Report.--The Commission shall 
submit an annual report to Congress regarding the enforcement 
during the past year of the provisions of this section relating 
to sending of unsolicited advertisements to telephone facsimile 
machines, which report shall include--
          (1) the number of complaints received by the 
        Commission during such year alleging that a consumer 
        received an unsolicited advertisement via telephone 
        facsimile machine in violation of the Commission's 
        rules;
          (2) the number of citations issued by the Commission 
        pursuant to section 503 during the year to enforce any 
        law, regulation, or policy relating to sending of 
        unsolicited advertisements to telephone facsimile 
        machines;
          (3) the number of notices of apparent liability 
        issued by the Commission pursuant to section 503 during 
        the year to enforce any law, regulation, or policy 
        relating to sending of unsolicited advertisements to 
        telephone facsimile machines;
          (4) for each notice referred to in paragraph (3)--
                  (A) the amount of the proposed forfeiture 
                penalty involved;
                  (B) the person to whom the notice was issued;
                  (C) the length of time between the date on 
                which the complaint was filed and the date on 
                which the notice was issued; and
                  (D) the status of the proceeding;
          (5) the number of final orders imposing forfeiture 
        penalties issued pursuant to section 503 during the 
        year to enforce any law, regulation, or policy relating 
        to sending of unsolicited advertisements to telephone 
        facsimile machines;
          (6) for each forfeiture order referred to in 
        paragraph (5)--
                  (A) the amount of the penalty imposed by the 
                order;
                  (B) the person to whom the order was issued;
                  (C) whether the forfeiture penalty has been 
                paid; and
                  (D) the amount paid;
          (7) for each case in which a person has failed to pay 
        a forfeiture penalty imposed by such a final order, 
        whether the Commission referred such matter for 
        recovery of the penalty; and
          (8) for each case in which the Commission referred 
        such an order for recovery--
                  (A) the number of days from the date the 
                Commission issued such order to the date of 
                such referral;
                  (B) whether an action has been commenced to 
                recover the penalty, and if so, the number of 
                days from the date the Commission referred such 
                order for recovery to the date of such 
                commencement; and
                  (C) whether the recovery action resulted in 
                collection of any amount, and if so, the amount 
                collected.

                                  
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