```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2449 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2449

 To amend title 18, United States Code, to prohibit fraud and related 
   activity in connection with purchases of certain wireless prepaid 
                            access devices.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2009

   Mr. Weiner (for himself and Mr. Daniel E. Lungren of California) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend title 18, United States Code, to prohibit fraud and related 
   activity in connection with purchases of certain wireless prepaid 
                            access 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 Prepaid Access Device 
Enforcement Act of 2009''.

SEC. 2. ENFORCEMENT.

    Section 1029 of title 18, United States Code, is amended as 
follows:
            (1) Subsection (a) is amended--
                    (A) in paragraph (9), by striking ``or'' after the 
                semicolon;
                    (B) in paragraph (10), by inserting ``or'' after 
                the semicolon; and
                    (C) by adding at the end the following:
            ``(11)(A) knowingly purchases and/or handles one or more 
        wireless prepaid access devices for the purpose of, or as part 
        of a scheme involving, modifying, removing, avoiding or 
        overwriting installed software which is designed to cause any 
        such device to operate as a wireless prepaid access device on 
        the wireless network or networks for which such device was 
        sold, unless such purchase or handling is authorized by the 
        wireless service provider or device manufacturer; or
            ``(B) knowingly engages in the unauthorized resale or 
        redistribution outside of the United States of any wireless 
        prepaid access device that is sold to be used on a wireless 
        network within the United States, whether or not the applicable 
        software has been modified, removed, avoided or overwritten, 
        whether individually or as part of a scheme;''.
            (2) Subsection (c)(1)(A)(i) is amended by striking ``or 
        (10)'' and inserting ``(10), or (11)''.
            (3) Subsection (e) is amended--
                    (A) in paragraph (10), by striking ``and'' after 
                the semicolon;
                    (B) paragraph (11), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(12) the term `wireless prepaid access device' means any 
        access device that is marketed or made available for sale for 
        use with prepaid or pay in advance commercial mobile radio 
        service as defined in 47 C.F.R. 20.3, but does not include 
        installed-in-vehicle access devices used in connection with an 
        emergency communications system.''.
                                 <all>
```