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Referenced Laws
47 U.S.C. 501 et seq.
Section 1
1. Short title This Act may be cited as the Eliminate Non-approved Devices and Contraband Electronics Limiting Links to Society Act or the END CELLS Act.
Section 2
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: It shall be unlawful for any person— 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; 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 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. 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. Paragraph (5) of section 503(b) shall not apply in the case of a violation of subsection (a). 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). 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. Nothing in this section shall be construed to— 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 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. In this section: The term detention facility means a correctional, detention, or penal facility located within the United States. The term wireless communications device means— 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 a component that provides identification or authentication to enable a device described in subparagraph (A) to connect to a communications network. 512.Providing or possessing wireless communications devices in detention facilities(a)Prohibited actsIt 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)AmountNotwithstanding 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 requiredParagraph (5) of section 503(b) shall not apply in the case of a violation of subsection (a).(C)2-year statute of limitationsNotwithstanding 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 fineAny 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 lawsNothing 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)DefinitionsIn this section:(1)Detention facilityThe term detention facility means a correctional, detention, or penal facility located within the United States.(2)Wireless communications deviceThe 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..
Section 3
512. Providing or possessing wireless communications devices in detention facilities It shall be unlawful for any person— 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; 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 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. 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. Paragraph (5) of section 503(b) shall not apply in the case of a violation of subsection (a). 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). 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. Nothing in this section shall be construed to— 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 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. In this section: The term detention facility means a correctional, detention, or penal facility located within the United States. The term wireless communications device means— 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 a component that provides identification or authentication to enable a device described in subparagraph (A) to connect to a communications network.
Section 4
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.