[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[Senate]
[Page 14353]
[From the U.S. 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.

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