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Union Calendar No. 239
105th CONGRESS
2d Session
H. R. 2460
[Report No. 105-418]
To amend title 18, United States Code, with respect to scanning
receivers and similar devices.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 1997
Mr. Sam Johnson of Texas (for himself, Mr. McCollum, Mr. Schumer, Mr.
Norwood, and Mr. Smith of Texas) introduced the following bill; which
was referred to the Committee on the Judiciary
February 24, 1998
Additional sponsors: Mr. Gekas, Mr. Wynn, Mr. Hutchinson, Mr. Meehan,
and Mr. Sessions
February 24, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
September 11, 1997]
_______________________________________________________________________
A BILL
To amend title 18, United States Code, with respect to scanning
receivers and similar devices.
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 ``Wireless Telephone Protection Act''.
SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COUNTERFEIT
ACCESS DEVICES.
(a) Unlawful Acts.--Section 1029(a) of title 18, United States
Code, is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by striking paragraph (8) and inserting the following:
``(8) knowingly and with intent to defraud uses, produces,
traffics in, has control or custody of, or possesses a scanning
receiver;
``(9) knowingly uses, produces, traffics in, has control or
custody of, or possesses hardware or software, knowing it has
been configured for altering or modifying a telecommunications
instrument so that such instrument may be used to obtain
unauthorized access to telecommunications services; or''.
(b) Penalties.--
(1) Generally.--Section 1029(c) of title 18, United States
Code, is amended to read as follows:
``(c) Penalties.--The punishment for an offense under subsection
(a) of this section is--
``(1) in the case of an offense that does not occur after a
conviction for another offense under this section--
``(A) if the offense is under paragraph (1), (2),
(3), (6), (7), or (10) of subsection (a), a fine under
this title or imprisonment for not more than 10 years,
or both; and
``(B) if the offense is under paragraph (4), (5),
(8), or (9), of subsection (a), a fine under this title
or imprisonment for not more than 15 years, or both;
and
``(2) in the case of an offense that occurs after a
conviction for another offense under this section, a fine under
this title or imprisonment for not more than 20 years, or
both.''.
(2) Attempts.--Section 1029(b)(1) of title 18, United
States Code, is amended by striking ``punished as provided in
subsection (c) of this section'' and inserting ``subject to the
same penalties as those prescribed for the offense attempted''.
(c) Definitions.--Section 1029(e)(8) of title 18, United States
Code, is amended by inserting before the period ``or to intercept an
electronic serial number, mobile identification number, or other
identifier of any telecommunications service, equipment, or
instrument''.
(d) Applicability of New Section 1029(a)(9).--
(1) In general.--Section 1029 of title 18, United States
Code, is amended by adding at the end the following:
``(g) It is not a violation of subsection (a)(9) for an officer,
employee, or agent of, or a person under contract with, a facilities-
based carrier, for the purpose of protecting the property or legal
rights of that carrier, to use, produce, have custody or control of, or
possess hardware or software configured as described in that subsection
(a)(9).''.
(2) Definition.--Section 1029(e) of title 18, United States
Code is amended--
(A) by striking ``and'' at the end of paragraph
(6);
(B) by striking the period at the end of paragraph
(7) and inserting a semicolon;
(C) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(D) by adding at the end the following:
``(9) the term `facilities-based carrier' means an entity
that owns communications transmission facilities, is
responsible for the operation and maintenance of those
facilities, and holds an operating license issued by the
Federal Communications Commission under the authority of title
III of the Communications Act of 1934.''.
(e) Amendment of Federal Sentencing Guidelines for Wireless
Telephone Cloning.--
(1) In general.--Pursuant to its authority under section
994 of title 28, United States Code, the United States
Sentencing Commission shall review and amend the Federal
sentencing guidelines and the policy statements of the
Commission, if appropriate, to provide an appropriate penalty
for offenses involving the cloning of wireless telephones
(including offenses involving an attempt or conspiracy to clone
a wireless telephone).
(2) Factors for consideration.--In carrying out this
subsection, the Commission shall consider, with respect to the
offenses described in paragraph (1)--
(A) the range of conduct covered by the offenses;
(B) the existing sentences for the offenses;
(C) the extent to which the value of the loss
caused by the offenses (as defined in the Federal
sentencing guidelines) is an adequate measure for
establishing penalties under the Federal sentencing
guidelines;
(D) the extent to which sentencing enhancements
within the Federal sentencing guidelines and the
court's authority to sentence above the applicable
guideline range are adequate to ensure punishment at or
near the maximum penalty for the most egregious conduct
covered by the offenses;
(E) the extent to which the Federal sentencing
guideline sentences for the offenses have been
constrained by statutory maximum penalties;
(F) the extent to which Federal sentencing
guidelines for the offenses adequately achieve the
purposes of sentencing set forth in section 3553(a)(2)
of title 18, United States Code;
(G) the relationship of Federal sentencing
guidelines for the offenses to the Federal sentencing
guidelines for other offenses of comparable
seriousness; and
(H) any other factor that the Commission considers
to be appropriate.
Union Calendar No. 239
105th CONGRESS
2d Session
H. R. 2460
[Report No. 105-418]
_______________________________________________________________________
A BILL
To amend title 18, United States Code, with respect to scanning
receivers and similar devices.
_______________________________________________________________________
February 24, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Pages: 1 Other Popular 105th Congressional Bills Documents:
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