IIB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Harass3 ment through Outbound Number Enforcement Act of 

4 2009’’ or the ‘‘PHONE Act of 2009’’. 

5 SEC. 2. CALLER ID SPOOFING. 

6 (a) IN GENERAL.—Chapter 47 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 1041. Caller ID spoofing 

10 ‘‘(a) OFFENSE.—Whoever, in or affecting interstate 

11 or foreign commerce, knowingly uses or provides to an12 other— 

13 ‘‘(1) false caller ID information with intent 

14 wrongfully to obtain anything of value; or 

15 ‘‘(2) caller ID information pertaining to an ac16 tual person or other entity without that person’s or 

17 entity’s consent and with intent to deceive any per18 son or other entity about the identity of the caller; 

19 shall be punished as provided in subsection (b). 

20 ‘‘(b) PUNISHMENT.—Whoever violates subsection (a) 

21 shall— 

22 ‘‘(1) if the offense is a violation of subsection 

23 (a)(1), be fined under this title or imprisoned not 

24 more than 5 years, or both; and 


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1 ‘‘(2) if the offense is a violation of subsection 

2 (a)(2), be fined under this title or imprisoned not 

3 more than one year, or both. 

4 ‘‘(c) LAW ENFORCEMENT EXCEPTION.—This section 

5 does not prohibit lawfully authorized investigative, protec6 tive, or intelligence activity of a law enforcement agency 

7 of the United States, a State, or a political subdivision 

8 of a State, or of an intelligence agency of the United 

9 States, or any activity authorized under chapter 224 of 

10 this title. 

11 ‘‘(d) FORFEITURE.— 

12 ‘‘(1) IN GENERAL.—The court, in imposing sen13 tence on a person who is convicted of an offense 

14 under this section, shall order that the defendant 

15 forfeit to the United States— 

16 ‘‘(A) any property, real or personal, consti17 tuting or traceable to gross proceeds obtained 

18 from such offense; and 

19 ‘‘(B) any equipment, software or other 

20 technology used or intended to be used to com21 mit or to facilitate the commission of such of22 fense. 

23 ‘‘(2) PROCEDURES.—The procedures set forth 

24 in section 413 of the Controlled Substances Act (21 

25 U.S.C. 853), other than subsection (d) of that secVerDate Nov 24 2008 23:36 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1110.RFS H1110

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1 tion, and in Rule 32.2 of the Federal Rules of 

2 Criminal Procedure, shall apply to all stages of a 

3 criminal forfeiture proceeding under this section. 

4 ‘‘(e) DEFINITIONS.—In this section— 

5 ‘‘(1) the term ‘caller ID information’ means any 

6 identifying information regarding the origination of 

7 a telephone call, including the name or the telephone 

8 number of the caller, that is transmitted with the 

9 telephone call; 

10 ‘‘(2) the term ‘telephone call’ means a call 

11 made or received using any real time voice commu12 nications service, regardless of the technology or net13 work used; and 

14 ‘‘(3) the term ‘State’ includes a State of the 

15 United States, the District of Columbia, and any 

16 commonwealth, territory, or possession of the United 

17 States.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 47 of title 18, United States 

20 Code, is amended by adding at the end the following new 

21 item: 

‘‘1041. Caller ID spoofing.’’. 

22 SEC. 3. OTHER SPECIFIED UNLAWFUL ACTIVITIES FOR 

23 MONEY LAUNDERING. 

24 Section 1956(c)(7)(D) of title 18, United States 

25 Code, is amended by inserting ‘‘section 1037 (relating to 


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1 fraud and related activity in connection with electronic 

2 mail), section 1041 (relating to caller ID spoofing),’’ be3 fore ‘‘section 1111’’. 

Passed the House of Representatives December 16, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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