Safe Prisons Communications Act of 2009

Bill: 111-s-251
Sponsor: Sen. Hutchison, Kay Bailey [R-TX]
Introduced: 2009-01-15 in the Senate
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures
Correctional facilities and imprisonment
Federal Communications Commission (FCC)
Government information and archives
Telephone and wireless communication

Summary:
action_date: 2009-01-15
text: 
 Safe Prisons Communications Act of 2009 - Amends the Communications Act of 1934 to authorize the director of the Federal Bureau of Prisons or the chief executive officer of a state to petition the Federal Communications Commission (FCC) to permit the installation of devices to prevent, jam, or interfere with wireless communications within the geographic boundaries of a specific prison, penitentiary, or correctional facility under his or her jurisdiction. 
 
Requires that the device be operated on a directional basis, using all other interference-limiting capabilities available to the device, or otherwise so that the device does not interfere with wireless communications that originate and terminate outside the area of the prison, penitentiary, or correctional facility.
 
Requires the FCC to adopt a final rule establishing criteria for certification for the manufacture, sale, importation, and interstate shipment of such devices.

action_date: 2009-10-05
text: 
Safe Prisons Communications Act of 2009 - (Sec. 2) Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to permit the supervisory authority of a correctional facility to operate a jamming system within the facility to prevent, jam, or otherwise interfere with unauthorized wireless communications by individuals held in the facility. Defines &quot;supervisory authority&quot; as the Director of the Federal Bureau of Prisons, the chief executive officer of a state, or the person in charge of a county or local correctional facility not under the authority of the chief executive officer of a state.
 
Requires the supervisory authority: (1) to file a notice of intent with the FCC; and (2) if requested by the public agencies and commercial mobile service providers identified by the FCC, consult with them to determine the types of equipment, facilities and frequencies in use in the correctional facility's area, and provide testing access to the outer perimeter of the correctional facility. Authorizes the supervisory authority upon completion of such procedures to file a petition with the FCC to install and operate a jamming system. Requires FCC action within 60 days of petition receipt.
 
States that an approved petition shall be: (1) valid for up to five years and renewable; and (2) terminated or suspended if the FCC receives notice from a commercial mobile service provider, supported by affidavit and documentation, that the correctional facility jamming device is interfering with commercial mobile service.
 
Sets forth jamming use limitations.
 
Requires a supervisory authority to: (1) destroy a jamming device within 60 days after an authorization expires; (2) destroy a jamming device that is permanently removed from service; (3) certify such destruction to the FCC; and (4) notify the FCC upon acquisition of any jamming device that replaces a destroyed device.
 
Requires the FCC to maintain a petition database.
 

 
(Sec. 3) Requires the FCC to promulgate final regulations governing the use of wireless jamming systems in correctional facilities within 180 days of enactment of this Act.
 
(Sec. 4) Requires the FCC to: (1) adopt a final rule within 120 days of enactment of this Act establishing the criteria for the manufacture, sale, importation, and interstate shipment of jamming devices; and (2) maintain a website list of all approved devices.
 
 

 


Legislative actions:
action_date: 2009-10-19
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2009-10-06
text: Referred to House Judiciary
action_date: 2009-10-06
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2009-10-06
text: Referred to House Energy and Commerce
action_date: 2009-10-06
text: Received in the House.
action_date: 2009-10-06
text: Message on Senate action sent to the House.
action_date: 2009-10-05
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S10115-10117; text as passed Senate: CR S10115-10117)
action_date: 2009-10-05
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S10115-10117; text as passed Senate: CR S10115-10117)
action_date: 2009-09-24
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 166.
action_date: 2009-09-24
text: Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. With written report No. 111-79.
action_date: 2009-09-24
text: Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. With written report No. 111-79.
action_date: 2009-08-05
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2009-07-15
text: Committee on Commerce, Science, and Transportation. Hearings held.
action_date: 2009-01-15
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2009-01-15
text: Introduced in Senate