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Union Calendar No. 183 

111TH CONGRESS 

1ST SESSION H. R. 1110 

[Report No. 111–321] 

To amend title 18, United States Code, to prevent caller ID spoofing, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2009 

Mr. SCOTT of Virginia (for himself, Mr. CONYERS, Mr. TIM MURPHY of Pennsylvania, Ms. JACKSON-LEE of Texas, and Mr. SHERMAN) introduced the 

following bill; which was referred to the Committee on the Judiciary 

NOVEMBER 2, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 23, 2009] 


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•HR 1110 RH

A BILL 

To amend title 18, United States Code, to prevent caller 

ID spoofing, and for other purposes. 


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•HR 1110 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Harassment 

5 through Outbound Number Enforcement Act of 2009’’ or the 

6 ‘‘PHONE Act of 2009’’. 

7 SEC. 2. CALLER ID SPOOFING. 

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

9 States Code, is amended by adding at the end the following: 

10 ‘‘§ 1041. Caller ID spoofing 

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

12 foreign commerce, knowingly uses or provides to another— 

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 person 

18 or other entity about the identity of the caller; 

19 or attempts or conspires to do so, shall be punished as pro20 vided in subsection (b). 

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

22 shall— 

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

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

25 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 of 

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

9 or any activity authorized under chapter 224 of this title. 

10 ‘‘(d) FORFEITURE.— 

11 ‘‘(1) IN GENERAL.—The court, in imposing sen12 tence on a person who is convicted of an offense under 

13 this section, shall order that the defendant forfeit to 

14 the United States— 

15 ‘‘(A) any property, real or personal, consti16 tuting or traceable to gross proceeds obtained 

17 from such offense; and 

18 ‘‘(B) any equipment, software or other tech19 nology used or intended to be used to commit or 

20 to facilitate the commission of such offense. 

21 ‘‘(2) PROCEDURES.—The procedures set forth in 

22 section 413 of the Controlled Substances Act (21 

23 U.S.C. 853), other than subsection (d) of that section, 

24 and in Rule 32.2 of the Federal Rules of Criminal 


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1 Procedure, shall apply to all stages of a criminal for2 feiture proceeding under this section. 

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

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

5 identifying information regarding the origination of 

6 a telephone call, including the name or the telephone 

7 number of the caller, that is transmitted with the tele8 phone call; 

9 ‘‘(2) the term ‘telephone call’ means a call made 

10 or received using any real time voice communications 

11 service, regardless of the technology or network used; 

12 and 

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

14 United States, the District of Columbia, and any 

15 commonwealth, territory, or possession of the United 

16 States.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of chapter 47 of title 18, United States Code, 

19 is amended by adding at the end the following new item: 

‘‘1041. Caller ID spoofing.’’. 

20 SEC. 3. OTHER SPECIFIED UNLAWFUL ACTIVITIES FOR 

21 MONEY LAUNDERING. 

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

23 is amended by inserting ‘‘section 1037 (relating to fraud 

24 and related activity in connection with electronic mail), 


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1 section 1041 (relating to caller ID spoofing),’’ before ‘‘sec2 tion 1111’’. 


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Union Calendar No. 183 

111TH CONGRESS 

1ST SESSION H. R. 1110 

[Report No. 111–321] 

A BILL 

To amend title 18, United States Code, to prevent 

caller ID spoofing, and for other purposes. 

NOVEMBER 2, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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