[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1541 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 657
117th CONGRESS
  2d Session
                                S. 1541

    To amend the Communications Act of 1934 to require the Federal 
  Communications Commission to ensure just and reasonable charges for 
  telephone and advanced communications services in correctional and 
                         detention facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2021

 Ms. Duckworth (for herself, Mr. Portman, Mr. Schatz, Mr. Booker, Mr. 
     King, Mr. Markey, Mrs. Gillibrand, Ms. Warren, Mr. Casey, Mr. 
    Blumenthal, Mr. Wyden, Ms. Klobuchar, Mr. Lujan, and Mr. Coons) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           December 15, 2022

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To amend the Communications Act of 1934 to require the Federal 
  Communications Commission to ensure just and reasonable charges for 
  telephone and advanced communications services in correctional and 
                         detention facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Martha Wright-Reed Just and 
Reasonable Communications Act of 2021''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Prison, jails, and detention centers in the 
        United States have unique telecommunications needs due to 
        safety and security concerns.</DELETED>
        <DELETED>    (2) Unjust and unreasonable charges negatively 
        impact the safety and security of communities in the United 
        States by exacerbating recidivism by damaging relationships 
        between incarcerated people and their support 
        systems.</DELETED>
        <DELETED>    (3) It is the policy of the United States to 
        ensure that all people in the United States, including anyone 
        who pays for communications with incarcerated people via 
        telephone and advanced communications, are afforded just and 
        reasonable charges for all communications services.</DELETED>
        <DELETED>    (4) The current correctional facilities 
        communications market suffers from market failure. Among other 
        issues, consumers cannot choose among competing providers, 
        which produces locational monopolies and monopoly profits at 
        the expense of rate-payers.</DELETED>
        <DELETED>    (5) Charges for communicating with individuals 
        detained in prisons, jails, and detention centers have been 
        shown to be unjust and unreasonable as a result of industry 
        practices and lack of competition.</DELETED>
        <DELETED>    (6) Unjust and unreasonable charges extend to 
        telephone and advanced communications services and to both 
        intrastate and interstate communications.</DELETED>
        <DELETED>    (7) Mrs. Martha Wright-Reed of Washington, DC, led 
        a campaign for just calling rates for incarcerated people for 
        over a decade. Mrs. Wright-Reed was the lead plaintiff in 
        Wright v. Corrections Corporation of America, CA No. 00-293 
        (GK) (D.D.C. 2001), which ultimately led to the Wright Petition 
        at the Federal Communications Commission, CC Docket No. 96-128 
        (Nov. 3, 2003). Mrs. Wright-Reed became involved, when, as a 
        grandmother, she was forced to choose between purchasing 
        medication and communicating with her incarcerated grandson. 
        Mrs. Wright-Reed passed away on January 18, 2015 before fully 
        realizing her dream of just communications rates for all 
        people.</DELETED>
        <DELETED>    (8) After the Federal Communications Commission 
        granted the petition Wright Petition described in paragraph 
        (7), the United States Court of Appeals for the District of 
        Columbia Circuit reversed the Federal Communications Commission 
        by interpreting section 276 of the Communications Act of 1934 
        (47 U.S.C. 276) in the case of Global Tel)Link v. Federal 
        Communications Commission, 866 F.3d 397 (D.C. Cir. 2017), in 
        part by constricting the meaning of the word ``fair'' and 
        limiting the means by which the Federal Communications 
        Commission can calculate fair, just, and reasonable 
        charges.</DELETED>

<DELETED>SEC. 3. TECHNICAL AMENDMENTS.</DELETED>

<DELETED>    (a) In General.--Section 276 of the Communications Act of 
1934 (47 U.S.C. 276) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)(1)(A)--</DELETED>
                <DELETED>    (A) by striking ``per call'';</DELETED>
                <DELETED>    (B) by inserting ``, and all charges are 
                just and reasonable,'' after ``fairly 
                compensated'';</DELETED>
                <DELETED>    (C) by striking ``each and every''; 
                and</DELETED>
                <DELETED>    (D) by striking ``call using'' and 
                inserting ``communications using''; and</DELETED>
        <DELETED>    (2) in subsection (d), by inserting ``and advanced 
        communications services'' after ``inmate telephone 
        service''.</DELETED>
<DELETED>    (b) Definition of Advanced Communications Services.--
Section 3(1) of the Communications Act of 1934 (47 U.S.C. 153(1)) is 
amended--</DELETED>
        <DELETED>    (1) in subparagraph (C), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in subparagraph (D), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(E) any audio or video communications 
                service provided at a correctional institution, 
                regardless of technology used.''.</DELETED>
<DELETED>    (c) Application of the Act.--Section 2(b) of the 
Communications Act of 1934 (47 U.S.C. 152(b)) is amended by inserting 
``section 276,'' after ``sections 223 through 227, 
inclusive,''.</DELETED>

<DELETED>SEC. 4. IMPLEMENTATION.</DELETED>

<DELETED>    (a) Rulemaking.--Not later than 18 months after the date 
of enactment of this Act, the Federal Communications Commission shall 
promulgate any regulations necessary to implement this Act and the 
amendments made by this Act.</DELETED>
<DELETED>    (b) Use of Data.--In implementing this Act and the 
amendments made by this Act, including by promulgating regulations 
under subsection (a) and determining just and reasonable rates, the 
Federal Communications Commission may use industry average costs and 
collect and analyze such data as the Commission determines 
necessary.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Martha Wright-Reed Just and 
Reasonable Communications Act of 2022''.

SEC. 2. TECHNICAL AMENDMENTS.

    (a) In General.--Section 276 of the Communications Act of 1934 (47 
U.S.C. 276) is amended--
            (1) in subsection (b)(1)(A)--
                    (A) by striking ``per call'';
                    (B) by inserting ``, and all rates and charges are 
                just and reasonable,'' after ``fairly compensated'';
                    (C) by striking ``each and every'';
                    (D) by striking ``call using'' and inserting 
                ``communications using''; and
                    (E) by inserting ``or other calling device'' after 
                ``payphone''; and
            (2) in subsection (d), by inserting ``and advanced 
        communications services described in subparagraphs (A), (B), 
        (D), and (E) of section 3(1)'' after ``inmate telephone 
        service''.
    (b) Definition of Advanced Communications Services.--Section 3(1) 
of the Communications Act of 1934 (47 U.S.C. 153(1)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) any audio or video communications service 
                used by inmates for the purpose of communicating with 
                individuals outside the correctional institution where 
                the inmate is held, regardless of technology used.''.
    (c) Application of the Act.--Section 2(b) of the Communications Act 
of 1934 (47 U.S.C. 152(b)) is amended by inserting ``section 276,'' 
after ``sections 223 through 227, inclusive,''.

SEC. 3. IMPLEMENTATION.

    (a) Rulemaking.--Not earlier than 18 months and not later than 24 
months after the date of enactment of this Act, the Federal 
Communications Commission shall promulgate any regulations necessary to 
implement this Act and the amendments made by this Act.
    (b) Use of Data.--In implementing this Act and the amendments made 
by this Act, including by promulgating regulations under subsection (a) 
and determining just and reasonable rates, the Federal Communications 
Commission--
            (1) may use industry-wide average costs of telephone 
        service and advanced communications services and the average 
        costs of service of a communications service provider; and
            (2) shall consider costs associated with any safety and 
        security measures necessary to provide a service described in 
        paragraph (1) and differences in the costs described in 
        paragraph (1) by small, medium, or large facilities or other 
        characteristics.

SEC. 4. EFFECT ON OTHER LAWS.

    Nothing in this Act shall be construed to modify or affect any 
Federal, State, or local law to require telephone service or advanced 
communications services at a State or local prison, jail, or detention 
facility or prohibit the implementation of any safety and security 
measures related to such services at such facilities.
                                                       Calendar No. 657

117th CONGRESS

  2d Session

                                S. 1541

_______________________________________________________________________

                                 A BILL

    To amend the Communications Act of 1934 to require the Federal 
  Communications Commission to ensure just and reasonable charges for 
  telephone and advanced communications services in correctional and 
                         detention facilities.

_______________________________________________________________________

                           December 15, 2022

                       Reported with an amendment