Page:United States Statutes at Large Volume 124.djvu/3599

 124 STAT. 3573 PUBLIC LAW 111–331—DEC. 22, 2010 under subparagraph (A) shall exempt from the prohibi- tion under paragraph (1) transmissions in connection with— ‘‘(I) any authorized activity of a law enforce- ment 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 para- graph 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 deter- mined 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 for- feiture 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 viola- tion, 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