[117th Congress Public Law 338]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6156]]
Public Law 117-338
117th Congress
An Act
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. <<NOTE: Jan. 5, 2023 - [S. 1541]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Martha Wright-
Reed Just and Reasonable Communications Act of 2022.>>
SECTION 1. <<NOTE: 47 USC 609 note.>> 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. <<NOTE: 47 USC 152 note.>> IMPLEMENTATION.
(a) Rulemaking. <<NOTE: Deadlines.>> --Not earlier than 18 months
and not later than 24 months after the date of enactment of this Act,
the Federal
[[Page 136 STAT. 6157]]
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. <<NOTE: 47 USC 152 note.>> 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.
Approved January 5, 2023.
LEGISLATIVE HISTORY--S. 1541:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 21, considered and passed Senate.
Dec. 22, considered and passed House.
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