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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5126 Referred in Senate (RFS)]

109th CONGRESS
  2d Session
                                H. R. 5126

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2006

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
  To amend the Communications Act of 1934 to prohibit manipulation of 
       caller identification information, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Caller ID Act of 2006''.

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 Deceptive Caller Identification 
Information.--
            ``(1) In general.--It shall be unlawful for any person 
        within the United States, in connection with any 
        telecommunications service or VOIP service, to cause any caller 
        identification service to transmit misleading or inaccurate 
        caller identification information, with the intent to defraud 
        or cause harm.
            ``(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.--Not later than 6 months after the 
        enactment of this subsection, the Commission shall prescribe 
        regulations to implement this subsection.
            ``(4) Definitions.--For purposes of this subsection:
                    ``(A) Caller identification information.--The term 
                `caller identification information' means information 
                provided to an end user 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 VOIP 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 VOIP service. 
                Such term includes automatic number identification 
                services.
                    ``(C) VOIP service.--The term `VOIP service' means 
                a service that--
                            ``(i) provides real-time voice 
                        communications transmitted through end user 
                        equipment using TCP/IP protocol, or a successor 
                        protocol, for a fee or without a fee;
                            ``(ii) is offered to the public, or such 
                        classes of users as to be effectively available 
                        to the public (whether part of a bundle of 
                        services or separately); and
                            ``(iii) has the capability to originate 
                        traffic to, and terminate traffic from, the 
                        public switched telephone network.
            ``(5) Savings provision.--Nothing in this Act may be 
        construed to affect or alter the application of the 
        Commission's regulations regarding the requirements for 
        transmission of caller identification information for 
        telemarketing calls, issued pursuant to the Telephone Consumer 
        Protection Act of 1991 (Public Law 102-243) and the amendments 
        made by such Act.''.

            Passed the House of Representatives June 6, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```