END CELLS Act

Bill Number

H.R. 3577

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Science, Technology, Communications

Status

Introduced

Latest Action

2025-05-23: Referred to the House Committee on Energy and Commerce.

Last Updated

2025-07-30T12:51:51Z

AI-Generated Summary

Purpose

The "Eliminate Non-approved Devices and Contraband Electronics Limiting Links to Society Act" (END CELLS Act), H.R. 3577, aims to strengthen restrictions on wireless communication devices in U.S. detention facilities. It targets the smuggling and possession of such devices (like cell phones) by imposing new federal prohibitions and penalties, building on existing laws to enhance prison security and prevent unauthorized communications.

Key Provisions

• Prohibited Acts: It is illegal to:
• Provide or attempt to provide a wireless device to someone in a detention facility if it violates federal or state laws or rules.
• Willfully and knowingly help introduce such a device into a facility in violation of those laws.
• Possess, obtain, or attempt to obtain a wireless device while held in a facility, if it breaks applicable rules.
• Penalties:
• Civil Forfeiture: Up to $50,000 per violation or per day of a continuing violation, with a total cap of $1,000,000 for any single incident. No prior warning (citation) is required before imposing penalties, and there's a 2-year time limit to charge violations (statute of limitations).
• Criminal Fines: Up to $50,000 per willful violation upon conviction; this replaces but does not limit existing fines, and it does not affect options for jail time under other laws.
• Exceptions: The law does not block authorized law enforcement investigations, protective activities, or intelligence operations by federal, state, or local agencies. It also preserves state officials' rights to enforce their own laws.
• Definitions:
• Detention Facility: Any jail, prison, or similar correctional institution in the U.S.
• Wireless Communications Device: Any gadget that sends or receives radio signals (e.g., cell phones, even unlicensed ones) or components that help connect to networks (e.g., SIM cards).
• Effective Date: Applies only to actions after the bill's enactment.

Significant Changes to Existing Law

This bill adds a new Section 512 to Title V of the Communications Act of 1934 (which regulates communications like radio and telecom). Previously, the Act had general penalties for misuse of communications (e.g., fines under Section 501), but no specific rules targeting wireless devices in prisons. Key updates include:

• Tailored prohibitions focused on detention facilities, linking them explicitly to violations of federal/state rules.
• Higher, more flexible civil penalties (up to $50,000 per violation vs. prior caps) without needing a pre-penalty notice.
• A shorter 2-year window for civil actions (vs. the Act's usual 1-year for some cases or longer for others).
• Criminal fines specific to these acts, while preserving imprisonment options from other statutes.

Potential Impacts

• On Government Agencies: Federal bodies like the Federal Communications Commission (FCC) gain clearer authority to enforce penalties, potentially streamlining efforts to combat contraband in federal prisons. State prison systems may see indirect benefits through aligned federal support, but they retain primary enforcement.
• On Citizens: Inmates face stricter deterrents against possessing devices, which could limit unauthorized external contacts but raise concerns about access to approved communication. Visitors, staff, or outsiders caught smuggling risk significant fines, increasing personal liability. Broader public safety may improve by reducing inmates' ability to coordinate crimes from inside.
• On International Relations: No direct impacts, as the law applies only to U.S.-based facilities.

Main Stakeholders Affected

• Inmates: Directly restricted from possessing wireless devices, affecting their communication options.
• Prison Staff and Administrators: Gain tools for enforcement but may face increased administrative burdens in monitoring and reporting violations.
• Law Enforcement and Regulators: Federal (e.g., FCC, Bureau of Prisons) and state agencies benefit from enhanced penalties and exceptions for official activities.
• Visitors and Family Members: Potential targets for penalties if involved in providing devices, deterring informal aid.
• Telecom Industry: Indirectly affected, as device manufacturers or providers could face scrutiny if components enable violations, though the focus is on misuse rather than production.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces federal communications law's role in prison security, potentially leading to more FCC involvement in correctional matters. It harmonizes with state contraband laws without overriding them, avoiding federal preemption conflicts.
• Constitutional: Could intersect with inmates' rights under the First Amendment (free speech via communication) or Eighth Amendment (cruel and unusual punishment), but prioritizes facility security—a well-established exception in court rulings (e.g., allowing restrictions on contraband for safety). No broad privacy issues, as exceptions protect official surveillance.
• Political: Addresses bipartisan concerns over prison contraband (e.g., drugs and phones enabling gang activity), introduced by House members from both parties. It signals a push for tougher crime prevention without new funding, potentially influencing future telecom regulations in sensitive areas like corrections.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Bilirakis, Gus M. [R-FL-12]

Cosponsors (6)

Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Balderson, Troy [R-OH-12], Rep. Pfluger, August [R-TX-11], Rep. Allen, Rick W. [R-GA-12], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Miller-Meeks, Mariannette [R-IA-1]

Recent Actions

• 2025-05-23: Referred to the House Committee on Energy and Commerce.
• 2025-05-23: Introduced in House
• 2025-05-23: Introduced in House

Bill Versions

• Eliminate Non-approved Devices and Contraband Electronics Limiting Links to Society Act — issued 2025-05-23 — PDF (5 pages)