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114th Congress  }                                           {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                           {  114-806

======================================================================



 
                       ANTI-SPOOFING ACT OF 2016

                                _______
                                

 November 14, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Upton, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2669]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2669) to amend the Communications Act of 1934 to 
expand and clarify the prohibition on provision of inaccurate 
caller identification information, and for other purposes, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     4
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
Statement of General Performance Goals and Objectives............     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     5
Committee Cost Estimate..........................................     5
Congressional Budget Office Estimate.............................     5
Federal Mandates Statement.......................................     7
Duplication of Federal Programs..................................     7
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Anti-Spoofing Act of 2016''.

SEC. 2. SPOOFING PREVENTION.

  (a) Expanding and Clarifying Prohibition on Misleading or Inaccurate 
Caller Identification Information.--
          (1) Communications from outside the united states.--Section 
        227(e)(1) of the Communications Act of 1934 (47 U.S.C. 
        227(e)(1)) is amended by striking ``in connection with any 
        telecommunications service or IP-enabled voice service'' and 
        inserting ``or any person outside the United States if the 
        recipient is within the United States, in connection with any 
        voice service or text messaging service''.
          (2) Coverage of text messages and voice services.--Section 
        227(e)(8) of the Communications Act of 1934 (47 U.S.C. 
        227(e)(8)) is amended--
                  (A) in subparagraph (A), by striking 
                ``telecommunications service or IP-enabled voice 
                service'' and inserting ``voice service or a text 
                message sent using a text messaging service'';
                  (B) in the first sentence of subparagraph (B), by 
                striking ``telecommunications service or IP-enabled 
                voice service'' and inserting ``voice service or a text 
                message sent using a text messaging service''; and
                  (C) by striking subparagraph (C) and inserting the 
                following:
                  ``(C) Text message.--The term `text message'--
                          ``(i) means a message consisting of text, 
                        images, sounds, or other information that is 
                        transmitted to or from a device that is 
                        identified as the receiving or transmitting 
                        device by means of a 10-digit telephone number 
                        or N11 service code;
                          ``(ii) includes a short message service 
                        (commonly referred to as `SMS') message and a 
                        multimedia message service (commonly referred 
                        to as `MMS') message; and
                          ``(iii) does not include--
                                  ``(I) a real-time, 2-way voice or 
                                video communication; or
                                  ``(II) a message sent over an IP-
                                enabled messaging service to another 
                                user of the same messaging service, 
                                except a message described in clause 
                                (ii).
                  ``(D) Text messaging service.--The term `text 
                messaging service' means a service that enables the 
                transmission or receipt of a text message, including a 
                service provided as part of or in connection with a 
                voice service.
                  ``(E) Voice service.--The term `voice service'--
                          ``(i) means any service that is 
                        interconnected with the public switched 
                        telephone network and that furnishes voice 
                        communications to an end user using resources 
                        from the North American Numbering Plan or any 
                        successor to the North American Numbering Plan 
                        adopted by the Commission under section 
                        251(e)(1); and
                          ``(ii) includes transmissions from a 
                        telephone facsimile machine, computer, or other 
                        device to a telephone facsimile machine.''.
          (3) Technical amendment.--Section 227(e) of the 
        Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the 
        heading by inserting ``Misleading or'' before ``Inaccurate''.
          (4) Regulations.--
                  (A) In general.--Section 227(e)(3)(A) of the 
                Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is 
                amended by striking ``Not later than 6 months after the 
                date of enactment of the Truth in Caller ID Act of 
                2009, the Commission'' and inserting ``The 
                Commission''.
                  (B) Deadline.--The Commission shall prescribe 
                regulations to implement the amendments made by this 
                subsection not later than 18 months after the date of 
                enactment of this Act.
          (5) Effective date.--The amendments made by this subsection 
        shall take effect on the date that is 6 months after the date 
        on which the Commission prescribes regulations under paragraph 
        (4).
  (b) Consumer Education Materials on How to Avoid Scams That Rely Upon 
Misleading or Inaccurate Caller Identification Information.--
          (1) Development of materials.--Not later than 1 year after 
        the date of enactment of this Act, the Commission, in 
        coordination with the Federal Trade Commission, shall develop 
        consumer education materials that provide information about--
                  (A) ways for consumers to identify scams and other 
                fraudulent activity that rely upon the use of 
                misleading or inaccurate caller identification 
                information; and
                  (B) existing technologies, if any, that a consumer 
                can use to protect against such scams and other 
                fraudulent activity.
          (2) Contents.--In developing the consumer education materials 
        under paragraph (1), the Commission shall--
                  (A) identify existing technologies, if any, that can 
                help consumers guard themselves against scams and other 
                fraudulent activity that rely upon the use of 
                misleading or inaccurate caller identification 
                information, including--
                          (i) descriptions of how a consumer can use 
                        the technologies to protect against such scams 
                        and other fraudulent activity; and
                          (ii) details on how consumers can access and 
                        use the technologies; and
                  (B) provide other information that may help consumers 
                identify and avoid scams and other fraudulent activity 
                that rely upon the use of misleading or inaccurate 
                caller identification information.
          (3) Updates.--The Commission shall ensure that the consumer 
        education materials required under paragraph (1) are updated on 
        a regular basis.
          (4) Website.--The Commission shall include the consumer 
        education materials developed under paragraph (1) on its 
        website.
  (c) GAO Report on Combating the Fraudulent Provision of Misleading or 
Inaccurate Caller Identification Information.--
          (1) In general.--The Comptroller General of the United States 
        shall conduct a study of the actions the Commission and the 
        Federal Trade Commission have taken to combat the fraudulent 
        provision of misleading or inaccurate caller identification 
        information, and the additional measures that could be taken to 
        combat such activity.
          (2) Required considerations.--In conducting the study under 
        paragraph (1), the Comptroller General shall examine--
                  (A) trends in the types of scams that rely on 
                misleading or inaccurate caller identification 
                information;
                  (B) previous and current enforcement actions by the 
                Commission and the Federal Trade Commission to combat 
                the practices prohibited by section 227(e)(1) of the 
                Communications Act of 1934 (47 U.S.C. 227(e)(1));
                  (C) current efforts by industry groups and other 
                entities to develop technical standards to deter or 
                prevent the fraudulent provision of misleading or 
                inaccurate caller identification information, and how 
                such standards may help combat the current and future 
                provision of misleading or inaccurate caller 
                identification information; and
                  (D) whether there are additional actions the 
                Commission, the Federal Trade Commission, and Congress 
                should take to combat the fraudulent provision of 
                misleading or inaccurate caller identification 
                information.
          (3) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the findings of the 
        study under paragraph (1), including any recommendations 
        regarding combating the fraudulent provision of misleading or 
        inaccurate caller identification information.
  (d) Rule of Construction.--Nothing in this section, or the amendments 
made by this section, shall be construed to modify, limit, or otherwise 
affect any rule or order adopted by the Commission in connection with--
          (1) the Telephone Consumer Protection Act of 1991 (Public Law 
        102-243; 105 Stat. 2394) or the amendments made by that Act; or
          (2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
  (e) Commission Defined.--In this section, the term ``Commission'' 
means the Federal Communications Commission.

    Amend the title so as to read:

    A bill to amend the Communications Act of 1934 to expand 
and clarify the prohibition on provision of misleading or 
inaccurate caller identification information, and for other 
purposes.

                          Purpose and Summary

    H.R. 2669 expands the Truth in Caller ID Act, which 
prohibits the provision of inaccurate caller identification 
information, to include text messages.

                  Background and Need for Legislation

    Spoofing is a practice in which a phone number shown on a 
phone or caller identification device is deliberately 
falsified, often to portray an official entity such as a 
government agency or credit card company, typically with 
malicious intent. Spoofing is a commonly used tool for a number 
of illegal practices, including phishing for personal 
information and swattingo calling in a fictitious crime in 
progress in order to generate a police response. The original 
Truth in Caller ID Act of 2009 prohibits spoofing voice caller 
identification. However, as communications methods and consumer 
habits continue to evolve, so too do the attempts by third 
parties to fraudulently gain personal information for criminal 
use. Many Americans are now relying on text messaging to stay 
connected, and this method of communication has become a target 
for spoofing in much the same way voice calls have been.
    H.R. 2669 extends the provisions of the Truth in Caller ID 
Act to include text messaging as well as Voice over Internet 
Protocol services. The legislation, introduced by Rep. Barton, 
Rep. Lance, and Rep. Meng, also addresses the growth of 
services that allow users to knowingly transmit misleading or 
inaccurate caller identification information by adding a 
definition of ``spoofing service'' to the Truth in Caller ID 
Act.
    In amending H.R. 2669, the Committee significantly changed 
the definitions of ``text message'' and ``text messaging 
service.'' The changes are designed to exclude from these 
definitions those online messaging services that use 
traditional telephone numbers for the purpose of identifying a 
user's account, just as other online services may use an email 
address or username for a similar purpose. The excluded 
services do not use telephone numbers to interconnect with the 
public switched telephone network or enable communication with 
individuals who do not subscribe to the same messaging service. 
The Committee intends the Commission to devise its rules using 
the meanings set forth in the legislation. ``Short message 
service'' and ``multimedia message service'' should be narrowly 
interpreted consistent with current industry standards (see, 
e.g., ETSI, Technical Specification, 3GPP TS 23.040 version 
12.2.0 Release 12, ETSI TS 123 040 v12.2.0 (Oct. 2014), 
available at www.etsi.org).
    The Committee takes notice of the fact that the language 
set forth in the version of H.R. 2669, as ordered reported, is 
identical to the text relating to the same subject contained in 
S. 253, the Communications Act Update Act of 2016, as passed by 
the U.S. House of Representatives, on September 27, 2016. The 
House passed S. 253, as amended, by unanimous consent. The 
foregoing discussion should therefore serve as an explanation 
of that bill's provisions for purposes of legislative history.

                                Hearings

    On January 12, 2016, the Subcommittee on Communications and 
Technology held a hearing on H.R. 2669 and received testimony 
from:
           Elizabeth Bowles, President & Chair of the 
        Board, Aristotle, on behalf of Wireless Internet 
        Service Providers Association;
           Harold Feld, Senior Vice President, Public 
        Knowledge; and
           Robert McDowell, Partner, Wiley Rein, LLP, 
        Senior Fellow, Hudson Institute; former Commissioner of 
        the Federal Communications Commission.

                        Committee Consideration

    On September 12 and 13, 2016, the Subcommittee on 
Communications and Technology met in open markup session and 
forwarded H.R. 2669, without amendment, to the full Committee 
by a voice vote.
    On September 20 and 21, 2016, the full Committee on Energy 
and Commerce met in open markup session and ordered H.R. 2669, 
as amended, favorably reported to the House by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no recorded votes taken in connection with ordering 
H.R. 2669 reported.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a hearing and made 
findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    The goal and objective of H.R. 2669 is to prohibit the use 
of inaccurate caller identification information via text 
message.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2669 would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that H.R. 2669 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 14, 2016.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2669, the Anti-
Spoofing Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Stephen 
Rabent.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2669--Anti-Spoofing Act of 2016

    Under current law, the Federal Communications Commission 
(FCC) has the authority to levy penalties and criminal fines 
against individuals that use fake information about a caller's 
identification to defraud or harm another. H.R. 2669 would 
expand that authority to include the use of text messages and 
would apply the authority to violators outside of the United 
States if the recipient is within the United States. The bill 
also would direct the FCC to develop consumer education 
materials that provide information for consumers on identifying 
fraudulent caller activities. Finally, H.R. 2669 would direct 
the Government Accountability Office (GAO) to conduct a study 
on actions taken by the FCC to combat the provision of 
inaccurate caller information and identify additional steps 
that could be taken by the agency.
    Based on an analysis of information from the FCC about the 
agency's current enforcement capabilities, CBO estimates that 
implementing H.R. 2669 would increase the agency's costs by 
less than $500,000 to enforce the expanded prohibition and to 
update current consumer education materials. Moreover, the FCC 
is authorized to collect fees sufficient to offset the costs of 
its regulatory activities each year; therefore, CBO estimates 
that the net effect on discretionary spending would be 
negligible, assuming appropriation actions consistent with that 
authority. Based on the costs of similar reports conducted by 
GAO, CBO estimates that the increased costs to conduct the 
required study would be insignificant.
    H.R. 2669 would broaden the coverage of current laws 
relating to the use of misleading or inaccurate caller 
identification information. As a result, the government might 
be able to pursue cases that it otherwise would not be able to 
prosecute. Because those prosecuted and convicted under H.R. 
2669 could be subject to criminal fines, the federal government 
might collect additional fines. Criminal fines are recorded as 
revenues, deposited in the Crime Victims Fund, and later spent 
without further appropriation action; therefore, pay-as-you-go 
procedures apply. CBO expects that any additional revenues and 
subsequent direct spending would not be significant because the 
legislation would probably affect only a small number of cases.
    CBO estimates that enacting H.R. 2669 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 2669 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Stephen Rabent. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                    Duplication of Federal Programs

    No provision of H.R. 2669 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    H.R. 2669 directs no rule makings within the meaning of 5 
U.S.C. 551.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that the Act may be cited as the 
``Anti-Spoofing Act of 2016''.

Section 2. Spoofing prevention

    This section amends the Communications Act to expand the 
Truth in Caller Act to include text messaging services, as well 
as communications from outside of the United States. This 
section defines the terms ``text message,'' ``text messaging 
service,'' and ``voice service.''
    This section also requires the Commission, in coordination 
with the Federal Trade Commission, to develop consumer 
education materials regarding caller ID scams and technologies 
that can help consumers protect themselves against fraudulent 
activity.
    This section also requires a Government Accountability 
Office report on the actions taken by the Federal 
Communications Commission and FTC to combat caller ID fraud.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

COMMUNICATIONS ACT OF 1934

           *       *       *       *       *       *       *



                       TITLE II--COMMON CARRIERS

PART I--COMMON CARRIER REGULATION

           *       *       *       *       *       *       *


SEC. 227. RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT.

  (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 the 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, or any person outside the United 
        States if the recipient is within 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, unless such call is made 
                        solely to collect a debt owed to or 
                        guaranteed by the United States;
                  (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, is made solely pursuant to 
                the collection of a debt owed to or guaranteed 
                by the United States, 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;
                  (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; and
                  (H) may restrict or limit the number and 
                duration of calls made to a telephone number 
                assigned to a cellular telephone service to 
                collect a debt owed to or guaranteed by the 
                United States.
          (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 Misleading or 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] 
        or any person outside the United States if the 
        recipient is within the United States, in connection 
        with any voice service or text messaging 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] 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] voice service or a text message sent 
                using a text messaging 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] voice service or a text message sent 
                using a text messaging 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.]
                  (C) Text message.--The term ``text 
                message''--
                          (i) means a message consisting of 
                        text, images, sounds, or other 
                        information that is transmitted to or 
                        from a device that is identified as the 
                        receiving or transmitting device by 
                        means of a 10-digit telephone number or 
                        N11 service code;
                          (ii) includes a short message service 
                        (commonly referred to as ``SMS'') 
                        message and a multimedia message 
                        service (commonly referred to as 
                        ``MMS'') message; and
                          (iii) does not include--
                                  (I) a real-time, 2-way voice 
                                or video communication; or
                                  (II) a message sent over an 
                                IP-enabled messaging service to 
                                another user of the same 
                                messaging service, except a 
                                message described in clause 
                                (ii).
                  (D) Text messaging service.--The term ``text 
                messaging service'' means a service that 
                enables the transmission or receipt of a text 
                message, including a service provided as part 
                of or in connection with a voice service.
                  (E) Voice service.--The term ``voice 
                service''--
                          (i) means any service that is 
                        interconnected with the public switched 
                        telephone network and that furnishes 
                        voice communications to an end user 
                        using resources from the North American 
                        Numbering Plan or any successor to the 
                        North American Numbering Plan adopted 
                        by the Commission under section 
                        251(e)(1); and
                          (ii) includes transmissions from a 
                        telephone facsimile machine, computer, 
                        or other device to a telephone 
                        facsimile machine.
          (9) Limitation.--Notwithstanding any other provision 
        of this section, subsection (f) shall not apply to this 
        subsection or to the regulations under this subsection.
  (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.
  (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.
  (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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