[Congressional Record Volume 156, Number 51 (Tuesday, April 13, 2010)]
[Senate]
[Pages S2248-S2249]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CELL PHONE CONTRABAND ACT OF 2010
Mr. BROWN of Ohio. Mr. President, I ask unanimous consent the Senate
proceed to the immediate consideration of Calendar No. 269, S. 1749.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1749) to amend title 18, United States Code, to
prohibit the possession or use of cell phones and similar
wireless devices by Federal prisoners.
There being no objection, the Senate proceeded to consider the bill
which had been reported from the Committee on the Judiciary with
amendments; as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)
S. 1749
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
[2009]2010''.
SEC. 2. WIRELESS DEVICES IN PRISON.
Section [1971]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''.
Mr. BROWN of Ohio. I ask unanimous consent the committee-reported
amendments be agreed to, that the Feinstein amendment which is at the
desk be agreed to, the bill, as amended, be read a third time and
passed, the motions to reconsider be laid upon the table, with no
intervening action or debate, and any statements be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were agreed to.
The amendment (No. 3722) was agreed to, as follows:
(Purpose: To require a GAO study of cell phone use in prisons)
At the end of the bill, insert the following:
SEC. ___. 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.
The bill (S. 1749), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 1749
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.
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