S. 1749 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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 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. 
S. 1749—2 

(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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.