S. 1749 (111th): Cell Phone Contraband Act of 2010

111th Congress, 2009–2010. Text as of Aug 25, 2010 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

One Hundred Eleventh Congress of the United States of America

2d Session

S. 1749

IN THE SENATE OF THE UNITED STATES

AN ACT

To amend title 18, United States Code, to prohibit the possession or use of cell phones and similar wireless devices by Federal prisoners.

1.

Short title

This Act may be cited as the Cell Phone Contraband Act of 2010.

2.

Wireless devices in prison

Section 1791 of title 18, United States Code, is amended—

(1)

in subsection (b)—

(A)

in paragraph (4), by striking or (d)(1)(E) and inserting , (d)(1)(E), or (d)(1)(F); and

(B)

in paragraph (5), by striking (d)(1)(F) and inserting (d)(1)(G); and

(2)

in subsection (d)(1)—

(A)

in subparagraph (E), by striking and at the end;

(B)

by redesignating subparagraph (F) as subparagraph (G); and

(C)

by inserting after subparagraph (E) the following:

(F)

a phone or other device used by a user of commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))) in connection with such service; and

.

3.

GAO study

Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to Congress with research and findings on the following issues:

(1)

A study of telephone rates within Federal prisons to include information on interstate, intrastate and collect calls made by prisoners, including—

(A)

the costs of operating inmate telephone services;

(B)

the general cost to prison telephone service providers of providing telephone services to the Federal prisons;

(C)

the revenue obtained from inmate telephone systems;

(D)

how the revenue from these systems is used by the Bureau of Prisons; and

(E)

options for lowering telephone costs to inmates and their families, while still maintaining sufficient security.

(2)

A study of selected State and Federal efforts to prevent the smuggling of cell phones and other wireless devices into prisons, including efforts that selected State and Federal authorities are making to minimize trafficking of cell phones by guards and other prison officials and recommendations to reduce the number of cell phones that are trafficked into prisons.

(3)

A study of cell phone use by inmates in selected State and Federal prisons, including—

(A)

the quantity of cell phones confiscated by authorities in selected State and Federal prisons; and

(B)

the reported impact, if any, of: (1) inmate cell phone use on the overall security of prisons; and (2) connections to criminal activity from within prisons.

4.

Compliance with PAYGO

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate