[Congressional Record (Bound Edition), Volume 156 (2010), Part 4]
[Senate]
[Pages 5316-5317]
[From the U.S. 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;

[[Page 5317]]

       (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.

                          ____________________