One Hundred Eleventh Congress of the United States of America
Begun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
IN THE SENATE OF THE UNITED STATES
To amend title 18, United States Code, to prohibit the possession or use of cell phones and similar wireless devices by Federal prisoners.
This Act may be cited as the
Cell Phone Contraband Act of
Wireless devices in prison
Section 1791 of title 18, United States Code, is amended—
in subsection (b)—
in paragraph (4), by striking
(d)(1)(E) and inserting
, (d)(1)(E), or (d)(1)(F);
in paragraph (5), by striking
(d)(1)(F) and inserting
in subsection (d)(1)—
in subparagraph (E), by striking
and at the end;
by redesignating subparagraph (F) as subparagraph (G); and
by inserting after subparagraph (E) the following:
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
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:
A study of telephone rates within Federal prisons to include information on interstate, intrastate and collect calls made by prisoners, including—
the costs of operating inmate telephone services;
the general cost to prison telephone service providers of providing telephone services to the Federal prisons;
the revenue obtained from inmate telephone systems;
how the revenue from these systems is used by the Bureau of Prisons; and
options for lowering telephone costs to inmates and their families, while still maintaining sufficient security.
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.
A study of cell phone use by inmates in selected State and Federal prisons, including—
the quantity of cell phones confiscated by authorities in selected State and Federal prisons; and
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.
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
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