[Congressional Record Volume 143, Number 158 (Monday, November 10, 1997)]
[Senate]
[Page S12479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                 THE WIRELESS TELEPHONE PROTECTION ACT

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                        HATCH AMENDMENT NO. 1634

  Mr. LOTT (for Mr. Hatch) proposed an amendment to the bill (S. 493) 
to amend section 1029 of title 18, United States Code, with respect to 
cellular telephone cloning paraphernalia; as follows:

       On page 6, line 1, strike ``The punishment'' and insert the 
     following:
       ``(1) ``In general.--The punishment''.
       On page 6, line 2, strike ``section''.
       On page 6, line 3, strike ``(1)'' and insert ``(A)'' and 
     indent accordingly.
       On page 6, line 7, strike ``(A)'' and insert ``(i)'' and 
     indent accordingly.
       On page 6, line 11, strike ``(B)'' and insert ``(ii)'' and 
     indent accordingly.
       On page 6, line 14, strike ``and''.
       On page 6, line 15, strike ``(2)'' and insert ``(B)'' and 
     indent accordingly.
       On page 6, line 19, strike the punctuation at the end and 
     insert ``; and''.
       On page 6, between lines 19 and 20, insert the following:
       ``(C) in any case, in addition to any other punishment 
     imposed or any other forfeiture required by law, forfeiture 
     to the United States of any personal property used or 
     intended to be used to commit, facilitate, or promote the 
     commission of the offense.
       ``(2) Applicable Procedure.--The criminal forfeiture of 
     personal property subject to forfeiture under paragraph 
     (1)(C), any seizure and disposition thereof, and any 
     administrative or judicial proceeding in relation thereto, 
     shall be governed by subsections (c) and (e) through (p) of 
     section 413 of the Controlled Substances Act (21 U.S.C. 
     853).''.
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                         KYL AMENDMENT NO. 1635

  Mr. LOTT (for Mr. Kyl) proposed an amendment to the bill S. 493, to 
amend section 1029 of title 18, United States Code, with respect to 
cellular telephone cloning paraphernalia; as follows:

       On page 6, line 5, strike ``that has become final and that 
     was committed on a separate prior occasion.'' and insert ``, 
     which conviction has become final--''.
       On page 6, line 7, strike ``(2),''.
       On page 6, line 11, strike ``(1),'' and insert ``(1), 
     (2),''.
       On page 6, beginning on line 16, strike ``that has become 
     final and that was committed on a separate prior occasion, 
     that has'' and insert ``which conviction has become final,''.
       On page 7, line 24, after ``subsection (a)(9)'' insert ``, 
     provided that if such hardware or software is used to obtain 
     access to telecommunications service provided by another 
     facilities-based carrier, such access is authorized''.

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