[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1749 Enrolled Bill (ENR)]

        S.1749

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 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.

    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 ``Cell Phone Contraband Act of 2010''.
SEC. 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''.
SEC. 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.
SEC. 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.