To amend title 18, United States Code, with respect to scanning receivers and similar devices.
Wireless Telephone Protection Act - Amends the Federal criminal code to prohibit knowingly using, producing, trafficking in, having control or custody of, or possessing hardware or software knowing that it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization. Revises penalties to: (1) impose a fine and a 15-year term of imprisonment for such a violation as a first offense; and (2) require forfeiture to the United States of any personal property used or intended to be used to commit fraud in connection with an access device. Revises the definition of a "scanning receiver" for purposes of such provisions to include a device or apparatus that can be used to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument.
Permits an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier to engage in conduct (other than trafficking) otherwise prohibited for the purpose of protecting that carrier's property or legal rights, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without such carrier's authorization. Makes it an affirmative defense that the conduct charged (other than a violation consisting of producing or trafficking) was engaged in for research or development in connection with a lawful purpose.
Directs the United States Sentencing Commission to 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 do so.
Became Public Law No: 105-172.
Motion to reconsider laid on the table Agreed to without objection.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-418.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-418.
Placed on the Union Calendar, Calendar No. 239.
Rules Committee Resolution H. Res. 368 Reported to House. Rule provides for consideration of H.R. 2460 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. After passage of the bill, it shall be in order to consider in the House S. 493. It shall be in order to consider a motion to strike all after the enacting clause of the Senate bill and insert in lieu thereof the provisions of H.R. 2460 as passed by the House.
Rule H. Res. 368 passed House.
Considered under the provisions of rule H. Res. 368. (consideration: CR H637-645)
Rule provides for consideration of H.R. 2460 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. After passage of the bill, it shall be in order to consider in the House S. 493. It shall be in order to consider a motion to strike all after the enacting clause of the Senate bill and insert in lieu thereof the provisions of H.R. 2460 as passed by the House.
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House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 368 and Rule XXIII.
The Speaker designated the Honorable Mac Collins to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2460.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 414 - 1 (Roll no. 25).
Roll Call #25 (House)On passage Passed by the Yeas and Nays: 414 - 1 (Roll no. 25).
Roll Call #25 (House)Motion to reconsider laid on the table Agreed to without objection.
Laid on the table. See S. 493 for further action. (consideration: CR H645)