S. 736 explained · 119th Congress · Pending in Congress
Lieutenant Osvaldo Albarati Stopping Prison Contraband Act
Cosponsors: 17 (9 D, 8 R) · per Congress.gov, 2026-10-14
Introduced: 2025-02-26
Latest action (2026-06-15): Held at the desk.
What S. 736 does, in plain terms
Lieutenant Osvaldo Albarati Stopping Prison Contraband Act This bill increases federal criminal penalties for providing or attempting to provide a cell phone to an individual who is incarcerated at a prison.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Not graded yet
S. 736 has not been graded yet. New measures with an official summary are graded daily under the published rubric.
The Framers
“Founders’ Verdict”
Confidence 0.75
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
The bill is constitutional only if limited to federal prisons; otherwise it would exceed federal authority under the Tenth Amendment.
The regulation of prisons falls within the necessary and proper execution of federal power over crimes against the United States and the operation of federal penal institutions. Article I, Section 8, Clause 6 grants Congress the power to provide for the punishment of counterfeiting, and Clause 10 to define and punish piracies and felonies committed on the high seas and offenses against the law of nations. More pertinently, the Necessary and Proper Clause (Article I, Section 8, Clause 18) authorizes Congress to make all laws which shall be necessary and proper for carrying into execution its en…
The federal government's enumerated powers under Article I, Section 8 do not include general police power over prison contraband. The Tenth Amendment reserves to the states all powers not delegated to the United States. However, if the bill applies only to federal prisons (where Congress has authority under the Necessary and Proper Clause to regulate federal property and punish offenses against the United States), it may be constitutional. If it extends to state prisons, it exceeds federal authority and violates the Tenth Amendment.
The Constitution grants Congress specific enumerated powers, including the power to define and punish offenses under Article I, Section 8, Clause 6 (counterfeiting) and Clause 10 (piracies and felonies on the high seas), and the necessary and proper clause. However, the general police power to regulate conduct within a state’s prisons is reserved to the states under the Tenth Amendment. Congress may only act here if the conduct involves interstate commerce or federal prisons. The bill as described does not specify whether it applies only to federal prisons or to any prison. If it reaches state…
The constitutionality of this bill depends upon its scope. If it applies solely to federal prisons, it is a valid exercise of Congress's power under Article I, Section 8, Clause 17 to regulate federal enclaves, and the Necessary and Proper Clause permits Congress to choose appropriate means to secure those institutions. However, if the bill extends to state prisons, it would exceed Congress's enumerated powers, as the regulation of state prison contraband is a matter reserved to the states under the Tenth Amendment, absent a clear connection to interstate commerce or other federal authority. T…
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What should pass
“VFA SI Solution”
Archived SI output (machine-generated) · No editorial review recorded
This historical draft has no editorial review time on record. Check its claims against the original bill and current law.
Federal Prison Contraband Cell Phone Penalty and State Incentive Act of 2025
Generated by VFA SI Solutions
To reduce the incidence of contraband cell phones in prisons, which are used to facilitate criminal activities, by increasing penalties for providing cell phones to incarcerated individuals.
Bipartisan rationale: Democratic priorities: Reduces prison contraband and enhances safety for inmates and staff, a public safety concern. Republican priorities: Respects federalism by limiting direct federal action to federal prisons and using voluntary state incentives rather than mandates. Both sides can support targeted federal action and state flexibility.
Article I, Section 8, Clause 1 Article I, Section 8, Clause 17 Amendment X
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