Cellphone Jamming Reform Act of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2380 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 2380

To provide that the Federal Communications Commission may not prevent a 
     State or Federal correctional facility from utilizing jamming 
                   equipment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Kustoff (for himself, Mr. Duncan, Mr. Norman, Mr. Timmons, Mr. Fry, 
   Mr. Aderholt, Mr. LaMalfa, Mr. C. Scott Franklin of Florida, Mr. 
Westerman, Mr. Flood, Mr. Austin Scott of Georgia, Mr. Fitzgerald, Mr. 
 Barr, Mr. Lamborn, Mr. Cole, Mrs. Houchin, Mr. Gimenez, Mr. Wilson of 
   South Carolina, Mr. Johnson of Louisiana, Mr. Issa, Mr. Kelly of 
  Mississippi, and Mr. Hill) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To provide that the Federal Communications Commission may not prevent a 
     State or Federal correctional facility from utilizing jamming 
                   equipment, and for other purposes.

    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 ``Cellphone Jamming Reform Act of 
2023''.

SEC. 2. LIMITATION ON FCC AUTHORITY.

    (a) Definitions.--In this section--
            (1) the term ``Commission'' means the Federal 
        Communications Commission;
            (2) the term ``correctional facility'' means a jail, 
        prison, penitentiary, or other correctional facility; and
            (3) the term ``jamming system''--
                    (A) means a system of radio signal generating and 
                processing equipment and antennas designed to disrupt, 
                prevent, interfere with, or jam a wireless 
                communication into, from, or within a correctional 
                facility; and
                    (B) includes the components and functionality of a 
                system described in subparagraph (A), such as--
                            (i) antennas, cabling, and cable elements;
                            (ii) the installation, interconnection, and 
                        operation of system elements, power levels, and 
                        radio frequencies carried on the cables or fed 
                        into antennas;
                            (iii) the radiation pattern of the 
                        antennas; and
                            (iv) the location and orientation of the 
                        antennas.
    (b) Restriction.--
            (1) In general.--Notwithstanding any other provision of law 
        or regulation, and subject to paragraph (2), the Commission may 
        not prevent a State or Federal correctional facility from 
        operating a jamming system within the correctional facility to 
        prevent, jam, or otherwise interfere with a wireless 
        communication that is sent--
                    (A) to or from a contraband device in the facility; 
                or
                    (B) by or to an individual held in the facility.
            (2) Requirements.--With respect to a jamming system 
        described in paragraph (1)--
                    (A) the operation of the system shall be limited to 
                the housing facilities of the correctional facility in 
                which the system is located;
                    (B) if the correctional facility that operates the 
                system is a State correctional facility, the State that 
                operates the correctional facility shall be responsible 
                for funding the entire cost of the system, including 
                the operation of the system; and
                    (C) the correctional facility that operates the 
                system shall--
                            (i) before implementing the system, consult 
                        with local law enforcement agencies and other 
                        public safety officials in the area in which 
                        the facility is located; and
                            (ii) submit to the Director of the Bureau 
                        of Prisons a notification regarding that 
                        operation.
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