[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1947 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1947

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 1996

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

_______________________________________________________________________

                                 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.

    Section 2511(2)(h) of title 18, United States Code, is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following new clause:
            ``(ii) to use a clone pager (as that term is defined in 
        section 3127(5) of this title);''.

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''; 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'';
            (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''; 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'';
            (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) in subsection (a), by striking ``or a trap and 
                trace device'' and inserting ``, a trap and trace 
                device, or a clone pager'';
                    (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 to whom is leased or in 
                        whose name is listed the paging device to which 
                        the clone pager is identically programmed''; 
                        and
                            (ii) in subparagraph (D), by inserting 
                        before the semicolon the following: ``, or in 
                        the case of a clone pager, the number of the 
                        paging device to which the clone pager is 
                        identically programmed''; and
                    (D) in subsection (d)--
                            (i) in the subsection heading, by striking 
                        ``or Trap and Trace Device'' and inserting ``, 
                        Trap and Trace Device, or Clone Pager''; and
                            (ii) in paragraph (2), by inserting ``or 
                        the paging device to which the clone pager is 
                        identically programmed,'' 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 programming 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 device that--
                    ``(A) is programmed identically to any numeric 
                digital display paging device; and
                    ``(B) allows the user to receive messages at the 
                same time as the user of the paging device;''.
                                 <all>