‘‘(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 ‘‘pun-
ished 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) of title 18, Unit-
ed States Code, is amended—
(1) in paragraph (6), by striking ‘‘and’’;
(2) in paragraph (7)—
(A) by striking ‘‘The’’ and inserting ‘‘the’’;
and
(B) by striking the period and inserting ‘‘;
and’’; and
(3) in paragraph (8), by striking the period and
inserting ‘‘or to intercept an electronic serial num-
ber, mobile identification number, or other identifier
of any telecommunications service, equipment, or in-
strument;’’.
(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 protect-
ing 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 para-
graph (6);
(B) by striking the period at the end of
paragraph (7) and inserting a semicolon; and
(C) by striking the period at the end of
paragraph (8) and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(9) As used in this subsection, 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 li-
cense issued by the Federal Communications Commission
under the authority of title III of the Communications Act
of 1934.’’.
(e) AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES 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 re-
view and amend the Federal sentencing guidelines
and the policy statements of the Commission, if ap-
propriate, to provide an appropriate penalty for of-
fenses involving the cloning of wireless telephones
(including offenses involving an attempt or conspir-
acy to clone a wireless telephone).
(2) FACTORS FOR CONSIDERATION.—In carry-
ing out this subsection, the Commission shall con-
sider, with respect to the offenses described in para-
graph (1)—
(A) the range of conduct covered by the of-
fenses;
(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 en-
hancements within the Federal sentencing
guidelines and the court’s authority to sentence
above the applicable guideline range are ade-
quate to ensure punishment at or near the max-
imum penalty for the most egregious conduct
covered by the offenses;
(E) the extent to which the Federal sen-
tencing guideline sentences for the offenses
have been constrained by statutory maximum
penalties;
(G) 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;
(H) the relationship of Federal sentencing
guidelines for the offenses to the Federal sen-
tencing guidelines for other offenses of com-
parable seriousness; and
(I) any other factor that the Commission
considers to be appropriate.
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