[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.
____________________