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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 30 Enrolled Bill (ENR)]

        S.30

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
  To amend the Communications Act of 1934 to prohibit manipulation of 
                   caller identification information.

    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).
                ``(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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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