[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[House]
[Pages H10026-H10028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1200
   MARTHA WRIGHT-REED JUST AND REASONABLE COMMUNICATIONS ACT OF 2022

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1541

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

     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.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from

[[Page H10027]]

New Jersey (Mr. Pallone) and the gentleman from Ohio (Mr. Latta) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on S. 1541.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of S. 1541, the Martha Wright-
Reed Just and Reasonable Communications Act of 2022.
  Communications technology has evolved rapidly in recent years, 
benefiting all of us. Whether it is a small business using broadband to 
find new customers, the delivery of healthcare through telehealth, or 
having educational resources for job training available at our 
fingertips, modern communications have made a significant economic 
impact but also a very clear human impact, as well. This became even 
more pronounced during the COVID-19 pandemic, as we relied on 
communications networks to remain connected, even when we couldn't be 
together.
  Mr. Speaker, we know that maintaining connections with loved ones and 
our community is crucial. Whether a simple phone call or a video chat, 
staying in touch with a friend or loved one down the street or across 
the country is incredibly meaningful. These connections are also 
important to individuals who are incarcerated, but for them, this 
communication is far more costly and difficult than it should be.
  Studies have shown that regular contact with family members lowers 
the rate of recidivism. Yet, due to a broken system, it can sometimes 
cost as much as $1 a minute to make a call to or from a prison, jail, 
or other confinement facility. This can make it all but impossible for 
some families to maintain contact with a son or daughter, mom or dad, 
or sister or brother, especially if and when in-person visitation is 
limited, as it has been during the COVID-19 pandemic.
  It is no coincidence that incarcerated persons are subjected to these 
exorbitant rates. In most if not all cases, one company has a monopoly 
in the facilities it serves. Unfortunately, kickbacks, not competition, 
are often the deciding factor in which company is selected.
  The Federal Communications Commission has previously exercised the 
authority it has to reduce some of the rates charged in confinement 
facilities, but its authority is currently limited, preventing it from 
fully solving this persistent problem.
  Recently, a court found that it cannot regulate the rates charged for 
calls made between confinement facilities and people within the same 
State. This bill would give the FCC this authority and also clarify its 
authority over video communications.
  It is my hope that this bill will help reduce financial burdens that 
prevent people from being able to communicate with loved ones and 
friends.
  I commend my friend, Representative Rush, for steadfastly championing 
this issue for so long. I hope we can pass this bill today and send it 
to the President's desk so he can sign it into law. That would be a 
fitting tribute to another piece of legislation that Representative 
Rush got signed into law before retiring at the end of this Congress. I 
am going to miss him here in the House and in the Committee on Energy 
and Commerce, where he has been a strong and passionate leader for 
decades.
  I also thank Senators Duckworth and Portman, who worked so hard to 
find compromise and pass this bill in the Senate, along the way 
garnering the support of a diverse group of organizations, including 
the Leadership Conference on Civil and Human Rights, the Color of 
Change, and the National Sheriffs' Association. This is a bill we can 
all be proud of supporting.
  Mr. Speaker, I urge my colleagues to join me in supporting the Martha 
Wright-Reed Just and Reasonable Communications Act, and I reserve the 
balance of my time.
  Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of S. 1541, the Martha Wright-
Reed Just and Reasonable Communications Act of 2022.
  Martha Wright-Reed was an advocate for the District of Columbia who 
fought tirelessly for incarcerated people to have a voice. Ms. Reed 
dedicated her life to ensuring that people who were incarcerated could 
afford to communicate with their loved ones from a confinement 
facility.
  The legislation before us today will honor Ms. Reed's legacy. S. 1541 
would require the Federal Communications Commission to ensure that 
charges for pay phone services, including advanced communications 
services in correctional institutions, are just and reasonable.
  Given the unique market they serve, providers of inmate calling 
services are also identifying ways to lower costs, such as through 
offering a subscription model. In some States, a pilot program to offer 
a flat rate for unlimited time on the phone has resulted in inmates 
calling family more often at a lower cost than on a per-minute basis.
  I urge the FCC to evaluate the results of these efforts to lower 
costs and facilitate competition in the inmate calling marketplace 
before imposing heavy-handed regulations.
  Our colleague, Representative   Bobby Rush, has championed this 
legislation for many years. I applaud him for his leadership, and I am 
glad we will be sending this to the President's desk to cap his 
distinguished career in Congress.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the chairman for his 
courtesies. I thank the manager, as well, for rising for this important 
legislation, which is, of course, S. 1541, the Martha Wright-Reed Just 
and Reasonable Communications Act.
  As the chair of the Subcommittee on Crime, Terrorism and Homeland 
Security, I see these issues in terms of the Federal Bureau of Prisons. 
Obviously, these issues are rampant in State prisons, as well.
  What is the basis of the issue? It is family. It is family 
connectedness. We have heard over and over again how exorbitant the 
cost is for grandmothers, mothers and fathers, and sisters and brothers 
to keep connections to individuals who, yes, have committed a crime, 
have been convicted, and are incarcerated, but they should not have 
been left out of the circle of humanity and family and the ability to 
stay connected.
  This particular person, Martha Wright-Reed, is a person who has been 
an advocate. But the story surrounds a grandmother who wanted to be 
involved with her grandson and wound up spending thousands of dollars 
to be able to communicate, to keep that grandson realizing that even 
though he had steered in a different direction, maybe a wrong 
direction, she wanted to make sure that that grandson knew that he was 
loved and that he had a future.
  This is the plight of many of my constituents and those around the 
Nation who have loved ones incarcerated, who are blocked because of the 
exorbitant cost that really takes their mortgage or their ability to 
buy food because the cost is so high.
  I am very grateful to Congressman Rush's leadership and Senator 
Duckworth, who I had a chance to speak with about how important this 
legislation is. I rise enthusiastically to support it. I might add, it 
will be a light to many people who have given up as they have been 
incarcerated.
  I want to take a moment as well to acknowledge two bills that have 
just been spoken about: S. 3946, the Abolish Trafficking 
Reauthorization Act of 2022, and S. 3949, the Trafficking Victims 
Prevention and Protection Reauthorization Act of 2022. I will simply 
say, as we all know, human trafficking is one of the greatest ongoing 
threats to human rights in the world and in this country. An estimated 
25 percent of human trafficking victims are reportedly in my home 
State.
  These bills are a step forward in funding grants, but as well, I 
think it is extremely important to recognize

[[Page H10028]]

that there are other aspects of human trafficking that we must stomp 
out.
  I am very glad that these bills are on the floor today, along with 
the underlying bill that I am supporting, as well as the Childhood 
Cancer STAR Reauthorization Act. As a person who has been involved with 
M.D. Anderson and Texas Children's Hospital, I know that this is going 
to be an important bill as it relates to childhood cancer.
  Finally, in my conclusion, I simply add my support, again, for S. 
1541, the Martha Wright-Reed Just and Reasonable Communications Act. I 
will say that it will save many of those who are incarcerated. It will 
put them on a pathway of rehabilitation, and it will be fair to those 
families who cannot afford to spend this amount of money just to 
communicate with their loved ones.
  Mr. PALLONE. Mr. Speaker, let me thank everyone. This is obviously a 
very important piece of legislation.
  Mr. Speaker, I urge support on a bipartisan basis, and I yield back 
the balance of my time.
  Mr. RUSH. Mr. Speaker, I rise today in support of S. 1541, the Martha 
Wright-Reed Just and Reasonable Communications Act, which is the Senate 
companion to my bill, H.R. 2489. The bill ends the practice of phone 
companies charging families astronomically high rates to call 
incarcerated loved ones in prison. These rates are unjust and 
unreasonable, and I am elated that this bill will finally put an end to 
them.
  Right now, families of incarcerated people are forced to pay 
prohibitively expensive fees to stay connected with their loved ones 
through simple phone calls. It is inhumane and immoral.
  We all gain when incarcerated people can remain connected to their 
support networks, because they have a better likelihood of not 
returning to jail or prison. Yet, the extreme costs of making a phone 
call--as much as $25 for a 15-minute call--makes it nearly impossible 
for families to maintain connections. It is long past time that we 
prevent greedy companies from exorbitantly profiting off of families' 
need to stay connected.
  Martha Wright, the namesake of this bill, needlessly suffered as she 
tried to stay in touch with her grandson when he was incarcerated.
  Today, there are millions of Martha Wrights around the country who 
make similar sacrifices while supporting family members inside prisons 
and jails. One in three families go into debt just to call their loved 
ones.
  That is unconscionable, Mr. Speaker.
  These safeguards to protect families from exploitation already has 
widespread support. A 2020 poll commissioned by Worth Rises found that 
over 70 percent of Americans support providing phone calls in prisons 
and jails at no cost.
  This fight has been decades in the making.
  My friend Charlie Sullivan brought the issue to my attention when 
hardly anyone knew about these astronomical costs unless they were 
directly impacted. I introduced legislation in 2005 for the first time 
to address this shameful practice. Since then, protestors have 
repeatedly gathered outside the Federal Communications Commission, 
director Ava Duvernay has taken up the cause, and the issue has been 
featured in podcasts and on television.
  In recent years, New York City, San Francisco, San Diego, Dallas, and 
the State of Connecticut made phone calls free for incarcerated people.
  The FCC also took steps to lower costs. But due to a 2017 Federal 
court decision, its authority has been restricted to only regulating 
calls that cross state lines. That decision made a mockery of families, 
creating a perverse world in which families that are just a few miles 
away from their incarcerated loved ones can be charged inhumane costs 
for a simple phone call.
  That is why I took up this issue again, introducing updated and 
revised legislation: the Martha Wright Prison Phone Justice Act.
  The legislation would confirm the FCC's regulatory power to protect 
all prison and jail phone calls, not just those that cross state lines. 
It would also establish interim rate caps of no more than five cents 
per minute while the FCC conducts a proceeding to determine permanent 
rate caps.
  The House passed my bill last year, and I reintroduced the 
legislation this Congress alongside Senator Duckworth to get the bill 
across the finish line. I am delighted and proud that the bill passed 
the Senate yesterday and will pass the House today. I have spent my 
entire 30 years in the House fighting for those with no voice, the 
downtrodden in our society, and today's vote is a culmination of those 
efforts. Together, we can make sure families and loved ones stay 
connected.
  The success of this legislation would also not be possible without 
Martha Wright and other activists who have dedicated their lives to 
helping the families of the incarcerated. We are now continuing the 
work that they started.
  I would like to thank my dear friend and colleague Chairman Frank 
Pallone, who chairs the House Energy and Commerce Committee, and his 
staff for his help getting this bill over the finish line.
  I also want to recognize Senators Tammy Duckworth and Rob Portman for 
their work moving the bill through the Senate.
  I hope others will join me in voting in favor of this legislation. It 
is past time that we put an end to the practice of phone companies 
profiting off of vulnerable families who have no other choice.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, S. 1541.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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