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H.R.4709
Title: To amend title 18, United States Code, to strengthen protections for law enforcement officers and the public by providing criminal penalties for the fraudulent acquisition or unauthorized disclosure of phone records.
Sponsor: Rep Smith, Lamar [TX-21] (introduced 2/8/2006) Cosponsors (16)
Related Bills: H.R.4657, H.R.4662, H.R.4714, S.2177, S.2178
Latest Major Action: Became Public Law No: 109-476 [GPO: Text, PDF]
House Reports: 109-395
SUMMARY AS OF:
1/12/2007--Public Law. (There are 4 other summaries)
(This measure has not been amended since it was passed by the House on April 25, 2006. The summary of that version is repeated here.)
Telephone Records and Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining, in interstate or foreign commerce, of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet or by fraudulent computer-related activities without prior authorization. Imposes a fine and/or imprisonment of up to 10 years.
Prohibits the unauthorized sale or transfer, in interstate or foreign commerce, of confidential phone records information by any person or the purchase or receipt of such information with knowledge that it was fraudulently obtained or obtained without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Exempts covered entities from such restrictions to the extent authorized by the Communications Act of 1934 (e.g., for billing, protection of property rights, or for emergency purposes).
Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice.
Grants extraterritorial jurisdiction over crimes defined by this Act.
Exempts lawfully authorized federal or state investigative, protective, or intelligence activities from the prohibitions of this Act.
Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act.
MAJOR ACTIONS:
| 2/8/2006 | Introduced in House |
| 3/16/2006 | Reported by the Committee on Judiciary. H. Rept. 109-395. |
| 4/25/2006 | Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 409 - 0 (Roll no. 101). |
| 12/8/2006 | Senate Committee on the Judiciary discharged by Unanimous Consent. |
| 12/8/2006 | Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent. |
| 12/8/2006 | Cleared for White House. |
| 1/3/2007 | Presented to President. |
| 1/12/2007 | Signed by President. |
| 1/12/2007 | Became Public Law No: 109-476 [Text, PDF] |
ALL ACTIONS:
- 2/8/2006:
- Sponsor introductory remarks on measure. (CR E90)
- 2/8/2006:
- Referred to the House Committee on the Judiciary.
- 3/2/2006:
- Committee Consideration and Mark-up Session Held.
- 3/2/2006:
- Ordered to be Reported by Voice Vote.
- 3/16/2006 3:35pm:
- Reported by the Committee on Judiciary. H. Rept. 109-395.
- 3/16/2006 3:35pm:
- Placed on the Union Calendar, Calendar No. 215.
- 4/25/2006 2:43pm:
- Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
- 4/25/2006 2:44pm:
- Considered under suspension of the rules. (consideration: CR H1690-1694)
- 4/25/2006 2:44pm:
- DEBATE - The House proceeded with forty minutes of debate on H.R. 4709.
- 4/25/2006 2:56pm:
- At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- 4/25/2006 6:57pm:
- Considered as unfinished business. (consideration: CR H1704-1705)
- 4/25/2006 7:14pm:
- Motion to reconsider laid on the table Agreed to without objection.
- 4/25/2006 7:14pm:
- On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 409 - 0 (Roll no. 101). (text: CR H1690-1691)
- 4/26/2006:
- Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- 12/8/2006:
- Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S11640)
- 12/8/2006:
- Passed Senate without amendment by Unanimous Consent.
- 12/8/2006:
- Cleared for White House.
- 12/9/2006:
- Message on Senate action sent to the House.
- 1/3/2007:
- Presented to President.
- 1/12/2007:
- Signed by President.
- 1/12/2007:
- Became Public Law No: 109-476.
TITLE(S): (italics indicate a title for a portion of a bill)
- SHORT TITLE(S) AS INTRODUCED:
Law Enforcement and Phone Privacy Protection Act of 2006 - SHORT TITLE(S) AS REPORTED TO HOUSE:
Law Enforcement and Phone Privacy Protection Act of 2006 - SHORT TITLE(S) AS PASSED HOUSE:
Telephone Records and Privacy Protection Act of 2006 - SHORT TITLE(S) AS PASSED SENATE:
Telephone Records and Privacy Protection Act of 2006 - SHORT TITLE(S) AS ENACTED:
Telephone Records and Privacy Protection Act of 2006 - OFFICIAL TITLE AS INTRODUCED:
To amend title 18, United States Code, to strengthen protections for law enforcement officers and the public by providing criminal penalties for the fraudulent acquisition or unauthorized disclosure of phone records.
COSPONSORS(16), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)
Rep Berman, Howard L. [CA-28] - 2/16/2006
Rep Boucher, Rick [VA-9] - 2/16/2006
Rep Cannon, Chris [UT-3] - 2/8/2006
Rep Case, Ed [HI-2] - 2/16/2006
Rep Chabot, Steve [OH-1] - 2/16/2006
Rep Conyers, John, Jr. [MI-14] - 2/8/2006
Rep Costello, Jerry F. [IL-12] - 3/9/2006
Rep Goodlatte, Bob [VA-6] - 2/8/2006
Rep Herseth, Stephanie [SD] - 2/8/2006
Rep Kline, John [MN-2] - 3/7/2006
Rep Kucinich, Dennis J. [OH-10] - 2/16/2006
Rep Lofgren, Zoe [CA-16] - 2/8/2006
Rep Reichert, David G. [WA-8] - 2/8/2006
Rep Rothman, Steven R. [NJ-9] - 2/16/2006
Rep Scott, Robert C. "Bobby" [VA-3] - 2/8/2006
Rep Wilson, Joe [SC-2] - 2/8/2006
COMMITTEE(S):
| Committee/Subcommittee: | Activity: | |
| House Judiciary | Referral, Markup, Reporting | |
| Senate Judiciary | Referral, Discharged | |
RELATED BILL DETAILS: (additional related bills may be indentified in Status)
| Bill: | Relationship: |
| H.R.4657 | Related bill identified by CRS |
| H.R.4662 | Related bill identified by CRS |
| H.R.4714 | Related bill identified by CRS |
| S.2177 | Related bill identified by CRS |
| S.2178 | Related bill identified by CRS |
AMENDMENT(S):
***NONE***