[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