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

The text of the bill below is as of Apr 14, 2010 (Referred to House Committee).



2d Session

S. 1749


April 14, 2010

Referred to the Committee on the Judiciary


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


Short title

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


Wireless devices in prison

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


in subsection (b)—


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


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


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



GAO study

Not later than 90 days 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 State and Federal prisons and jails to include information on interstate, intrastate and collect calls made by prisoners, including—


the costs of operating inmate telephone services;


the revenue obtained from inmate telephone systems;


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


recommendations to lower telephone costs to inmates and their families, while still maintaining sufficient security.


A study of State and Federal efforts to prevent the smuggling of cell phones and other wireless devices into prisons and jails, including efforts that 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 and jails.


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


the cost that inmates pay for cell phones trafficked into prisons;


the quantity of cell phones that are located in State and Federal prisons and jails; and


the quantity of illegal activity that is conducted or facilitated as a result of inmate cell phone use.

Passed the Senate April 13, 2010.

Nancy Erickson,