Summary
# S. 1047: Cellphone Jamming Reform Act of 2023
## WHAT THIS BILL DOES
This bill prevents the Federal Communications Commission from stopping state and federal correctional facilities (jails and prisons) from using jamming systems. A jamming system uses radio signal equipment and antennas to block wireless communications inside prisons. The bill allows these facilities to operate this equipment to stop contraband devices and communications by or to people held in the facility.
## WHO IT AFFECTS
State and federal correctional facilities (jails, prisons and penitentiaries)
State governments that operate correctional facilities
The Federal Communications Commission
Local law enforcement agencies
The Bureau of Prisons
## KEY PROVISIONS
• Correctional facilities can operate jamming systems to block wireless communications sent to or from contraband devices or by/to people held in the facility, even if other laws would normally prohibit this (Sec. 2(b)(1))
• Jamming systems can only operate inside the housing facilities (living areas) of the correctional facility, not outside of those areas (Sec. 2(b)(2)(A))
• State correctional facilities must pay for the entire cost of operating the jamming system themselves (Sec. 2(b)(2)(B))
• Before installing a jamming system, correctional facilities must talk to local law enforcement and public safety officials in the area (Sec. 2(b)(2)(C)(i))
• Correctional facilities must notify the Director of the Bureau of Prisons about operating the jamming system (Sec. 2(b)(2)(C)(ii))
## WHAT CHANGES
If this becomes law, the Federal Communications Commission can no longer prevent correctional facilities from using jamming equipment. State and federal prisons will be allowed to operate these systems to block cell phone communications within their housing areas, with the requirement that state facilities fund the systems and notify local authorities.
## IMPORTANT DEFINITIONS
**Correctional facility**: A jail, prison, penitentiary or other correctional facility (Sec. 2(a)(2))
**Jamming system**: Equipment with antennas and radio signal processors designed to block, disrupt or interfere with wireless communications into, from or within a correctional facility. This includes antennas, cables, how the system is installed and operated, the power levels and radio frequencies used, the antenna patterns, and where antennas are located and pointed (Sec. 2(a)(3))
## EFFECTIVE DATE
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 1047
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 SENATE OF THE UNITED STATES
MARCH 29, 2023
Mr. COTTON (for himself, Mr. GRAHAM, Mr. BRAUN, Mr. HAGERTY, Mr.
KENNEDY, and Mr. LANKFORD) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
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 pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Cellphone Jamming
4
Reform Act of 2023’’.
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SEC. 2. LIMITATION ON FCC AUTHORITY.
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(a) DEFINITIONS.—In this section—
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•S 1047 IS
(1) the term ‘‘Commission’’ means the Federal
1
Communications Commission;
2
(2) the term ‘‘correctional facility’’ means a jail,
3
prison, penitentiary, or other correctional facility;
4
and
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(3) the term ‘‘jamming system’’—
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(A) means a system of radio signal gener-
7
ating and processing equipment and antennas
8
designed to disrupt, prevent, interfere with, or
9
jam a wireless communication into, from, or
10
within a correctional facility; and
11
(B)
includes
the
components
and
12
functionality of a system described in subpara-
13
graph (A), such as—
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(i) antennas, cabling, and cable ele-
15
ments;
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(ii) the installation, interconnection,
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and operation of system elements, power
18
levels, and radio frequencies carried on the
19
cables or fed into antennas;
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(iii) the radiation pattern of the an-
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tennas; and
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(iv) the location and orientation of the
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antennas.
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(b) RESTRICTION.—
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•S 1047 IS
(1) IN GENERAL.—Notwithstanding any other
1
provision of law or regulation, and subject to para-
2
graph (2), the Commission may not prevent a State
3
or Federal correctional facility from operating a
4
jamming system within the correctional facility to
5
prevent, jam, or otherwise interfere with a wireless
6
communication that is sent—
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(A) to or from a contraband device in the
8
facility; or
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(B) by or to an individual held in the facil-
10
ity.
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(2) REQUIREMENTS.—With respect to a jam-
12
ming system described in paragraph (1)—
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(A) the operation of the system shall be
14
limited to the housing facilities of the correc-
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tional facility in which the system is located;
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(B) if the correctional facility that operates
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the system is a State correctional facility, the
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State that operates the correctional facility
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shall be responsible for funding the entire cost
20
of the system, including the operation of the
21
system; and
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(C) the correctional facility that operates
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the system shall—
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•S 1047 IS
(i) before implementing the system,
1
consult with local law enforcement agencies
2
and other public safety officials in the area
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in which the facility is located; and
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(ii) submit to the Director of the Bu-
5
reau of Prisons a notification regarding
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that operation.
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Æ
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