[Congressional Record Volume 156, Number 112 (Wednesday, July 28, 2010)]
[Senate]
[Page S6456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CELL PHONE CONTRABAND ACT OF 2010
Mr. WHITEHOUSE. Mr. President, I ask the chair to lay before the
Senate a message from the House with respect to S. 1749.
The PRESIDING OFFICER laid before the Senate the following message:
Resolved, That the bill from the Senate (S. 1749) entitled
``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.'', do pass with the following
amendment:
Strike out all after the enacting clause and insert:
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.
Mr. WHITEHOUSE. I ask unanimous consent that the Senate concur in the
House amendment and the motion to reconsider be laid upon the table,
with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________