[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1749 Referred in House (RFH)]

111th CONGRESS
  2d Session
                                S. 1749


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2010

               Referred to the Committee on the Judiciary

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                                 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 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:
            (1) 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--
                    (A) the costs of operating inmate telephone 
                services;
                    (B) the revenue obtained from inmate telephone 
                systems;
                    (C) how the revenue from these systems is used by 
                State governments and the Bureau of Prisons; and
                    (D) recommendations to lower telephone costs to 
                inmates and their families, while still maintaining 
                sufficient security.
            (2) 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.
            (3) A study of cell phone use by inmates in State and 
        Federal prisons and jails, including--
                    (A) the cost that inmates pay for cell phones 
                trafficked into prisons;
                    (B) the quantity of cell phones that are located in 
                State and Federal prisons and jails; and
                    (C) the quantity of illegal activity that is 
                conducted or facilitated as a result of inmate cell 
                phone use.

            Passed the Senate April 13, 2010.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.