[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 411 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 411

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 1999

  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 
1999''.

SEC. 2. CLONE PAGERS.

    (a) In General.--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 in chapter 206 (relating to pen 
registers, trap and trace devices, and clone pagers) of this title; 
or'';
    (b) Exception.--Section 3121 of title 18, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Except as provided in this section, no person 
may install or use a pen register, trap and trace device, or clone 
pager without first obtaining a court order under section 3123 or 
section 3129 of this title, or under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).'';
            (2) in subsection (b), by striking ``a pen register or a 
        trap and trace device'' and inserting ``a pen register, trap 
        and trace device, or clone pager''; and
            (3) by striking the section heading and inserting the 
        following:
``Sec. 3121. General prohibition on pen register, trap and trace 
              device, and clone pager use; exception''.
    (c) Assistance.--Section 3124 of title 18, United States Code, is 
amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (2) 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 use 
a clone pager under this chapter, a provider of electronic 
communication service shall furnish to such investigative or law 
enforcement officer all information, facilities, and technical 
assistance necessary to accomplish the use of the clone pager 
unobtrusively and with a minimum of interference with the services that 
the person so ordered by the court provides to the subscriber, if such 
assistance is directed by a court order, as provided in section 
3129(b)(2) of this title.''; and
            (3) by striking the section heading and inserting the 
        following:
``Sec. 3124. Assistance in installation and use of a pen register, trap 
              and trace device, or clone pager''.
    (d) Emergency Installations.--Section 3125 of title 18, United 
States Code, is amended--
            (1) by striking ``pen register or a trap and trace device'' 
        and ``pen register or trap and trace device'' each place those 
        terms appear, and inserting ``pen register, trap and trace 
        device, or clone pager'';
            (2) in subsection (a), by striking ``an order approving the 
        installation or use is issued in accordance with section 3123 
        of this title'' and inserting ``an application is made for an 
        order approving the installation or use in accordance with 
        section 3122 or section 3128 of this title'';
            (3) in subsection (b), by adding at the end the following: 
        ``In the event that such application for the use of a clone 
        pager is denied, or in any other case in which the use of the 
        clone pager is terminated without an order having been issued, 
        an inventory shall be served as provided for in section 
        3129(e).''; and
            (4) by striking the section heading and inserting the 
        following:
``Sec. 3125. Emergency pen register, trap and trace device, and clone 
              pager installation and use''.
    (e) Reports.--Section 3126 of title 18, United States Code, is 
amended--
            (1) by striking ``pen register orders and orders for trap 
        and trace devices'' and inserting ``orders for pen registers, 
        trap and trace devices, and clone pagers''; and
            (2) by striking the section heading and inserting the 
        following:
``Sec. 3126. Reports concerning pen registers, trap and trace devices, 
              and clone pagers''.
    (f) Definitions.--Section 3127 of title 18, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) with respect to an application for the use of 
                a pen register or trap and trace device, a court of 
                general criminal jurisdiction of a State authorized by 
                the law of that State to enter orders authorizing the 
                use of a pen register or a trap and trace device; or
                    ``(C) with respect to an application for the use of 
                a clone pager, a court of general criminal jurisdiction 
                of a State authorized by the law of that State to issue 
                orders authorizing the use of a clone pager;'';
            (2) in paragraph (5), by striking ``and'' at the end;
            (3) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(7) the term `clone pager' means a numeric display device 
        that receives communications intended for another numeric 
        display paging device.''.
    (g) Applications.--Chapter 206 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3128. Application for an order for use of a clone pager
    ``(a) Application.--
            ``(1) Federal representatives.--Any attorney for the 
        Government may apply to a court of competent jurisdiction for 
        an order or an extension of an order under section 3129 of this 
        title authorizing the use of a clone pager.
            ``(2) State representatives.--A State investigative or law 
        enforcement officer may, if authorized by a State statute, 
        apply to a court of competent jurisdiction of such State for an 
        order or an extension of an order under section 3129 of this 
        title authorizing the use of a clone pager.
    ``(b) Contents of Application.--An application under subsection (a) 
of this section shall include--
            ``(1) the identity of the attorney for the Government or 
        the State law enforcement or investigative officer making the 
        application and the identity of the law enforcement agency 
        conducting the investigation;
            ``(2) the identity, if known, of the individual or 
        individuals using the numeric display paging device to be 
        cloned;
            ``(3) a description of the numeric display paging device to 
        be cloned;
            ``(4) a description of the offense to which the information 
        likely to be obtained by the clone pager relates;
            ``(5) the identity, if known, of the person who is subject 
        of the criminal investigation; and
            ``(6) an affidavit or affidavits, sworn to before the court 
        of competent jurisdiction, establishing probable cause to 
        believe that information relevant to an ongoing criminal 
        investigation being conducted by that agency will be obtained 
        through use of the clone pager.
``Sec. 3129. Issuance of an order for use of a clone pager
    ``(a) In General.--Upon an application made under section 3128 of 
this title, the court shall enter an ex parte order authorizing the use 
of a clone pager within the jurisdiction of the court if the court 
finds that the application has established probable cause to believe 
that information relevant to an ongoing criminal investigation being 
conducted by that agency will be obtained through use of the clone 
pager.
    ``(b) Contents of an Order.--An order issued under this section--
            ``(1) shall specify--
                    ``(A) the identity, if known, of the individual or 
                individuals using the numeric display paging device to 
                be cloned;
                    ``(B) the numeric display paging device to be 
                cloned;
                    ``(C) the identity, if known, of the subscriber to 
                the pager service; and
                    ``(D) the offense to which the information likely 
                to be obtained by the clone pager relates; and
            ``(2) shall direct, upon the request of the applicant, the 
        furnishing of information, facilities, and technical assistance 
        necessary to use the clone pager under section 3124 of this 
        title.
    ``(c) Time period and extensions.--
            ``(1) In general.--An order issued under this section shall 
        authorize the use of a clone pager for a period not to exceed 
        30 days. Such 30-day period shall begin on the earlier of the 
        day on which the investigative or law enforcement officer first 
        begins use of the clone pager under the order or the tenth day 
        after the order is entered.
            ``(2) Extensions.--Extensions of an order issued under this 
        section may be granted, but only upon an application for an 
        order under section 3128 of this title and upon the judicial 
        finding required by subsection (a). An extension under this 
        paragraph shall be for a period not to exceed 30 days.
            ``(3) Report.--Within a reasonable time after the 
        termination of the period of a clone pager order or any 
        extensions thereof under this subsection, the applicant shall 
        report to the issuing court the number of numeric pager 
        messages acquired through the use of the clone pager during 
        such period.
    ``(d) Nondisclosure of Existence of Clone Pager.--An order 
authorizing the use of a clone pager shall direct that--
            ``(1) the order shall be sealed until otherwise ordered by 
        the court; and
            ``(2) the person who has been ordered by the court to 
        provide assistance to the applicant may not disclose the 
        existence of the clone pager or the existence of the 
        investigation to the listed subscriber, or to any other person, 
        until otherwise ordered by the court.
    ``(e) Notification.--Within a reasonable time, not later than 90 
days after the date of termination of the period of a clone pager order 
or any extensions thereof, the issuing judge shall cause to be served, 
on the individual or individuals using the numeric display paging 
device that was cloned, an inventory including notice of--
            ``(1) the fact of the entry of the order or the 
        application;
            ``(2) the date of the entry and the period of clone pager 
        use authorized, or the denial of the application; and
            ``(3) whether or not information was obtained through the 
        use of the clone pager. Upon an ex-parte showing of good cause, 
        a court of competent jurisdiction may in its discretion 
        postpone the serving of the notice required by this section.''.
    (h) Clerical Amendments.--The table of sections for chapter 206 of 
title 18, United States Code, is amended--
            (1) by striking the item relating to section 3121 and 
        inserting the following:

``3121. General prohibition on pen register, trap and trace device, and 
                            clone pager use; exception.'';
            (2) by striking the items relating to sections 3124, 3125, 
        and 3126 and inserting the following:

``3124. Assistance in installation and use of a pen register, trap and 
                            trace device, or clone pager.
``3125. Emergency pen register, trap and trace device, and clone pager 
                            installation and use.
``3126. Reports concerning pen registers, trap and trace devices, and 
                            clone pagers.''; and
            (3) by adding at the end the following:

``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager.''.
    (i) Conforming Amendment.--Section 605(a) of title 47, United 
States Code, is amended by striking ``chapter 119'' and inserting 
``chapters 119 and 206''.
                                 <all>