END CELLS in CELLS Act

Bill: 118-hr-3949
Sponsor: full_name: Rep. Bilirakis, Gus M. [R-FL-12]
Introduced: 2023-06-09
Policy area: Science, Technology, Communications
Subjects: Civil actions and liability

Correctional facilities and imprisonment

Criminal procedure and sentencing

Telephone and wireless communication
Latest action: action_date: 2023-06-16
text: Referred to the Subcommittee on Communications and Technology.

Summaries:

tv_txt: I 118th CONGRESS 1st Session H. R. 3949 IN THE HOUSE OF REPRESENTATIVES June 9, 2023 Mr. Bilirakis (for himself, Mr. Dunn of Florida , Mr. Carter of Georgia , Mr. Weber of Texas , and Mr. Walberg ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to provide for additional prohibitions and enhanced penalties for providing or possessing wireless communications devices in detention facilities, and for other purposes.

1. Short title This Act may be cited as the Eliminate Non-approved Devices and Contraband Electronics Limiting Links to Society in Confined Environments for Longer Lasting Safety Act or the END CELLS in CELLS Act . 2. Amendment to Communications Act of 1934 Title V of the Communications Act of 1934 ( 47 U.S.C. 501 et seq. ) is amended by adding at the end the following: 512. Providing or possessing wireless communications devices in detention facilities (a) Prohibited acts It shall be unlawful for any person— (1) in violation of any Federal or State statute or rule, or order issued under such statute or rule, to provide or attempt to provide to a person held in a detention facility a wireless communications device; (2) to willfully and knowingly facilitate the introduction, in violation of any Federal or State statute or rule, or order issued under such statute or rule, of a wireless communications device into a detention facility; or (3) being a person held in a detention facility, to possess or obtain, or attempt to obtain, a wireless communications device in violation of a Federal or State statute or rule, or order issued under such statute or rule. (b) Penalties (1) Civil forfeiture (A) Amount Notwithstanding paragraph (2) of section 503(b), the amount of any forfeiture penalty determined or imposed under such section for a violation of subsection (a) shall not exceed $50,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act. (B) No citation required Paragraph (5) of section 503(b) shall not apply in the case of a violation of subsection (a). (C) 2-year statute of limitations Notwithstanding paragraph (6) of section 503(b), no forfeiture penalty for violation of subsection (a) shall be determined or imposed against any person if the violation charged occurred more than 2 years prior to the date of issuance of the notice required by paragraph (3) of section 503(b) or the notice of apparent liability required by paragraph (4) of section 503(b) (as the case may be). (2) Criminal fine Any person who willfully and knowingly violates subsection (a) shall upon conviction thereof be fined not more than $50,000 for each violation, in lieu of the fine provided by section 501 for such a violation. Nothing in this section shall be construed to supersede the provisions of section 501 relating to imprisonment or the imposition of a penalty of both fine and imprisonment. (c) Effect on other laws Nothing in this section shall be construed to— (1) prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; or (2) prevent the chief legal officer, or any other officer, of a State from exercising the powers conferred on such officer by the laws of such State to enforce State law, including punishing those found guilty of violating State law. (d) Definitions In this section: (1) Detention facility The term detention facility means a correctional, detention, or penal facility located within the United States. (2) Wireless communications device The term wireless communications device means— (A) a device that enables the user to send or receive a radio communication, regardless of whether a license from the Commission is required for the use or operation of such device; or (B) a component that provides identification or authentication to enable a device described in subparagraph (A) to connect to a communications network. . 3. Effective date The amendment made by this Act shall apply with respect to conduct that occurs after the date of the enactment of this Act.