`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 170 Reported in Senate (RS)]






                                                       Calendar No. 166
105th CONGRESS
  1st Session
                                 S. 170

To provide for a process to authorize the use of clone pagers, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

  Mr. DeWine introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                           September 18, 1997

                Reported by Mr. Hatch, without amendment

_______________________________________________________________________

                                 A BILL


 
To provide for a process to authorize the use of clone pagers, and for 
                            other purposes.

    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 ``Clone Pager Authorization Act of 
1996''.

SEC. 2. WIRE AND ELECTRONIC COMMUNICATIONS.

    (a) Definitions.--Section 2510(12) of title 18, United States Code, 
is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(D) any communication made through a clone pager 
                (as that term is defined in section 3127).''
    (b) Prohibition.--Section 2511(2)(h) of title 18, United States 
Code, is amended by striking clause (i) and inserting the following:
            ``(i) to use a pen register, a trap and trace device, or a 
        clone pager (as those terms are defined for the purposes of 
        chapter 206 (relating to pen registers, trap and trace devices, 
        and clone pagers)); or''.

SEC. 3. AMENDMENT OF CHAPTER 206.

    Chapter 206 of title 18, United States Code, is amended--
            (1) in the chapter heading, by striking ``AND TRAP AND 
        TRACE DEVICES'' and inserting ``, TRAP AND TRACE DEVICES, AND 
        CLONE PAGERS'';
            (2) in the chapter analysis--
                    (A) by striking ``and trap and trace device'' each 
                place that term appears and inserting ``, trap and 
                trace device, and clone pager'';
                    (B) by striking ``and trap and trace devices'' and 
                inserting ``, trap and trace devices, and clone 
                pagers''; and
                    (C) by striking ``or a trap and trace device'' each 
                place that term appears and inserting ``, a trap and 
                trace device, or a clone pager'';
            (3) in section 3121--
                    (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager''; and
                    (B) by striking ``or a trap and trace device'' each 
                place that term appears and inserting ``, a trap and 
                trace device, or a clone pager'';
            (4) in section 3122--
                    (A) in the section heading by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                    (B) by striking ``or a trap and trace device'' each 
                place that term appears and inserting ``, a trap and 
                trace device, or a clone pager'';
            (5) in section 3123--
                    (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                    (B) by striking subsection (a) and inserting the 
                following:
    ``(a) In General.--Upon an application made under section 3122, the 
court shall enter an ex parte order authorizing the installation and 
use of a pen register or a trap and trace device within the 
jurisdiction of the court, or of a clone pager for which the service 
provider is subject to the jurisdiction of the court, if the court 
finds that the attorney for the Government or the State law enforcement 
or investigative officer has certified to the court that the 
information likely to be obtained by such installation and use is 
relevant to an ongoing criminal investigation.'';
                    (C) in subsection (b)(1)--
                            (i) in subparagraph (A), by inserting 
                        before the semicolon the following: ``, or, in 
                        the case of a clone pager, the identity, if 
                        known, of the person who is the subscriber of 
                        the paging device, the communications to which 
                        will be intercepted by the clone pager'';
                            (ii) in subparagraph (C), by inserting 
                        before the semicolon the following: ``, or, in 
                        the case of a clone pager, the number of the 
                        paging device, communications to which will be 
                        intercepted by the clone pager''; and
                            (iii) in paragraph (2), by striking ``or 
                        trap and trace device'' and inserting ``, trap 
                        and trace device, or clone pager'';
                    (D) in subsection (c), by striking ``or a trap and 
                trace device'' and inserting ``, a trap and trace 
                device, or a clone pager''; and
                    (E) in subsection (d)--
                            (i) in the subsection heading, by striking 
                        ``or a Trap and Trace Device'' and inserting 
                        ``, Trap and Trace Device, or Clone Pager''; 
                        and
                            (ii) in paragraph (2), by inserting ``or 
                        the paging device, the communications to which 
                        will be intercepted by the clone pager,'' after 
                        ``attached,'';
            (6) in section 3124--
                    (A) in the section heading, by striking ``or a trap 
                and trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                    (B) by redesignating subsections (c) through (f) as 
                subsections (d) through (g), respectively; and
                    (C) by inserting after subsection (b) the 
                following:
    ``(c) Clone Pager.--Upon the request of an attorney for the 
Government or an officer of a law enforcement agency authorized to 
acquire and use a clone pager under this chapter, a Federal court may 
order, in accordance with section 3123(b)(2), a provider of a paging 
service or other person, to furnish to such investigative or law 
enforcement officer, all information, facilities, and technical 
assistance necessary to accomplish the operation and use of the clone 
pager unobtrusively and with a minimum of interference with the 
services that the person so ordered by the court accords the party with 
respect to whom the programming and use is to take place.'';
            (7) in section 3125--
                    (A) in the section heading, by striking ``and trap 
                and trace device'' and inserting ``, trap and trace 
                device, and clone pager'';
                    (B) in subsection (a)--
                            (i) by striking ``or a trap and trace 
                        device'' and inserting ``, a trap and trace 
                        device, or a clone pager''; and
                            (ii) by striking the quotation marks at the 
                        end; and
                    (C) by striking ``or trap and trace device'' each 
                place that term appears and inserting ``, trap and 
                trace device, or clone pager'';
            (8) in section 3126--
                    (A) in the section heading, by striking ``and trap 
                and trace devices'' and inserting ``, trap and trace 
                devices, and clone pagers''; and
                    (B) by inserting ``or clone pagers'' after 
                ``devices''; and
            (9) in section 3127--
                    (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively; and
                    (B) by inserting after paragraph (4) the following:
            ``(5) the term `clone pager' means a numeric display device 
        that receives communications intended for another numeric 
        display paging device;''.
                                     





                                                       Calendar No. 166

105th CONGRESS

  1st Session

                                 S. 170

_______________________________________________________________________

                                 A BILL

To provide for a process to authorize the use of clone pagers, and for 
                            other purposes.

_______________________________________________________________________

                           September 18, 1997

                       Reported without amendment`