What This Bill Does
This bill stops the Federal Communications Commission from blocking State and Federal prisons and jails from using jamming equipment. A jamming system is technology that disrupts or blocks wireless signals inside correctional facilities to prevent contraband devices from working or stop people held in the facility from using wireless communications.
Who It Affects
State correctional facilities, Federal correctional facilities, the Federal Communications Commission, local law enforcement agencies and public safety officials near prisons and jails, and the Bureau of Prisons.
Key Provisions
- The Federal Communications Commission cannot prevent State or Federal correctional facilities from operating jamming systems inside their housing facilities to block wireless communications to or from contraband devices or individuals held in the facility (Sec. 2(b)(1))
- State correctional facilities must pay the entire cost of operating their jamming systems (Sec. 2(b)(2)(B))
- Before starting a jamming system, the correctional facility must consult with local law enforcement and public safety officials in the area where the facility is located (Sec. 2(b)(2)(C)(i))
- The correctional facility operating the system must notify the Director of the Bureau of Prisons about the jamming system operation (Sec. 2(b)(2)(C)(ii))
- A jamming system includes antennas, cabling, installation, operation, power levels, radio frequencies, antenna patterns, and antenna location and direction (Sec. 2(a)(3)(B))
What Changes
If this becomes law, State and Federal correctional facilities will be allowed to use jamming equipment inside their facilities without the Federal Communications Commission being able to stop them. Currently, the bill text does not explain what existing rules prevent this.
Important Definitions
- Correctional facility: a jail, prison, penitentiary or other correctional facility
- Jamming system: equipment with antennas and radio signal technology designed to disrupt, prevent, interfere with or block wireless communications into, from or within a correctional facility
- Commission: the Federal Communications Commission
Effective Date
Not specified in bill text
I
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 Flor-
ida, 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 fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce
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,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Cellphone Jamming
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Reform Act of 2023’’.
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•HR 2380 IH
SEC. 2. LIMITATION ON FCC AUTHORITY.
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(a) DEFINITIONS.—In this section—
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(1) the term ‘‘Commission’’ means the Federal
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Communications Commission;
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(2) the term ‘‘correctional facility’’ means a jail,
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prison, penitentiary, or other correctional facility;
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and
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(3) the term ‘‘jamming system’’—
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(A) means a system of radio signal gener-
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ating and processing equipment and antennas
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designed to disrupt, prevent, interfere with, or
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jam a wireless communication into, from, or
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within a correctional facility; and
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(B)
includes
the
components
and
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functionality of a system described in subpara-
15
graph (A), such as—
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(i) antennas, cabling, and cable ele-
17
ments;
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(ii) the installation, interconnection,
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and operation of system elements, power
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levels, and radio frequencies carried on the
21
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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•HR 2380 IH
(b) RESTRICTION.—
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(1) IN GENERAL.—Notwithstanding any other
2
provision of law or regulation, and subject to para-
3
graph (2), the Commission may not prevent a State
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or Federal correctional facility from operating a
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jamming system within the correctional facility to
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prevent, jam, or otherwise interfere with a wireless
7
communication that is sent—
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(A) to or from a contraband device in the
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facility; or
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(B) by or to an individual held in the facil-
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ity.
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(2) REQUIREMENTS.—With respect to a jam-
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ming system described in paragraph (1)—
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(A) the operation of the system shall be
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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
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of the system, including the operation of the
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system; and
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(C) the correctional facility that operates
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the system shall—
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•HR 2380 IH
(i) before implementing the system,
1
consult with local law enforcement agencies
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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-
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reau of Prisons a notification regarding
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that operation.
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Æ
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