,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fchi ,,in ,,the ,,house ,,of ,,representatives ,march #be1 #bjbj,mr4 ,rush introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to ensure just and reasonable charges for confinement facility communications services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,martha ,wright ,prison ,phone ,justice ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,prison1 jails1 and other confinement facilities in the ,united ,states have unique telecommunications needs due to safety and security concerns4 7#b7 ,unjust and unreasonable charges for telephone and advanced communications services in confinement facilities negatively impact the safety and security of communities in the ,united ,states by damaging relationships between incarcerated persons and their support systems1 thereby exacerbating recidivism4 7#c7 ,all people in the ,united ,states1 including anyone who pays for confinement facility communications services1 should have access to communications services at charges that are just and reasonable4 7#d7 ,certain markets for confinement facility communications services are distorted due to reverse competition1 in which the financial interests of the entity making the buying decision 7the confinement facility7 are aligned with the seller 7the provider of confinement facility communications services7 and not the consumer 7the incarcerated person or a member of his or her family74 ,this reverse competition occurs because site commission payments to the confinement facility from the provider of confinement facility communications services are the chief criterion many facilities use to select their provider of confinement facility communications services4 7#e7 ,charges for confinement facility communications services that have been shown to be unjust and unreasonable are often a result of site commission payments that far exceed the costs incurred by the confinement facility in accommodating these services4 7#f7 ,unjust and unreasonable charges have been assessed for both audio and video services and for both intrastate and interstate communications from confinement facilities4 7#g7 ,mrs4 ,martha ,wright-,reed led a campaign for just communications rates for incarcerated people for over a decade4 7#h7 ,mrs4 ,wright-,reed was the lead plaintiff in ,wright v4 ,corrections ,corporation of ,america1 ,,ca ,no4 #jj-bic 7,,gk7 7,d4,d4,c4 #bjja74 7#i7 ,that case ultimately led to the ,wright ,petition at the ,federal ,communications ,commission1 ,,cc ,docket ,no4 #if-abh 7,november #c1 #bjjc74 7#aj7 ,as a grandmother1 ,mrs4 ,wright-,reed was forced to choose between purchasing medication and communicating with her incarcerated grandson4 7#aa7 ,mrs4 ,wright-,reed passed away on ,january #ah1 #bjae1 before fully realizing her dream of just communications rates for all people4 #c4 ,requirements for confinement facility communications services 7a7 ,in general ,section #bgf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bgf7 is amended by adding at the end the following3 7e7 ,additional requirements for confinement facility communications services 7#a7 ,authority 7,a7 ,in general ,all charges1 practices1 classifications1 and regulations for and in connection with confinement facility communications services shall be just and reasonable1 and any such charge1 practice1 classification1 or regulation that is unjust or unreasonable is declared to be unlawful4 7,b7 ,rulemaking required ,not later than #ah months after the date of the enactment of this subsection1 the ,commission shall issue rules to adopt1 for the provision of confinement facility communications services1 rates and ancillary service charges that are just and reasonable1 which shall be the maximum such rates and charges that a provider of confinement facility communications services may charge for such services4 ,in determining rates and charges that are just and reasonable1 the ,commission shall adopt such rates and charges based on the average industry costs of providing such services using data collected from providers of confinement facility communications services4 7,c7 ,biennial review ,not less frequently than every #b years following the issuance of rules under subparagraph 7,b71 the ,commission shall-- 7i7 determine whether the rates and ancillary service charges authorized by the rules issued under such subparagraph remain just and reasonable2 and 7ii7 if the ,commission determines under clause 7i7 that any such rate or charge does not remain just and reasonable1 revise such rules so that such rate or charge is just and reasonable4 7#b7 ,interim rate caps ,until the ,commission issues the rules required by paragraph 7#a77;,b71 a provider of confinement facility communications services may not charge a rate for any voice service communication using confinement facility communications services that exceeds the following3 7,a7 ,for debit calling or prepaid calling1 #j4jd per minute4 7,b7 ,for collect calling1 #j4je per minute4 7#c7 ,assessment on per-minute basis ,except as provided in paragraph 7#d71 a provider of confinement facility communications services-- 7,a7 shall assess all charges for a communication using such services on a per-minute basis for the actual duration of the communication1 measured from communication acceptance to termination1 rounded up to the next full minute1 except in the case of charges for services that the confinement facility offers free of charge or for amounts below the amounts permitted under this subsection2 and 7,b7 may not charge a per-communication or per-connection charge for a communication using such services4 7#d7 ,ancillary service charges 7,a7 ,general prohibition ,a provider of confinement facility communications services may not charge an ancillary service charge other than-- 7i7 if the ,commission has not yet issued the rules required by paragraph 7#a77;,b71 a charge listed in subparagraph 7,b7 of this paragraph2 or 7ii7 a charge authorized by the rules adopted by the ,commission under paragraph 7#a74 7,b7 ,permitted charges and rates ,if the ,commission has not yet issued the rules required by paragraph 7#a77;,b71 a provider of confinement facility communications services may not charge a rate for an ancillary service charge in excess of the following3 7i7 ,in the case of an automated payment fee1 #b4i percent of the total charge on which the fee is assessed4 7ii7 ,in the case of a fee for single-call and related services1 the exact transaction fee charged by the third-party provider1 with no markup4 7iii7 ,in the case of a live agent fee1 #e4ie per use4 7iv7 ,in the case of a paper bill or statement fee1 #b per use4 7v7 ,in the case of a third-party financial transaction fee1 the exact fee1 with no markup1 charged by the third party for the transaction4 7#e7 ,prohibition on site commissions ,a provider of confinement facility communications services may not assess a site commission4 7#f7 ,relationship to ,state law ,a ,state or political subdivision of a ,state may not enforce any law1 rule1 regulation1 standard1 or other provision having the force or effect of law relating to confinement facility communications services that allows for higher rates or other charges to be assessed for such services than is permitted under any ,federal law or regulation relating to confinement facility communications services4 7#g7 ,definitions ,in this subsection3 7,a7 ,ancillary service charge ,the term ancillary service charge means any charge a consumer may be assessed for the setting up or use of a confinement facility communications service that is not included in the per-minute charges assessed for individual communications4 7,b7 ,automated payment fee ,the term automated payment fee means a credit card payment1 debit card payment1 or bill processing fee1 including a fee for a payment made by means of interactive voice response1 the internet1 or a kiosk4 7,c7 ,collect calling ,the term collect calling means an arrangement whereby a credit-qualified party agrees to pay for charges associated with a communication made to such party using confinement facility communications services and originating from within a confinement facility4 7,d7 ,confinement facility ,the term confinement facility-- 7i7 means a jail or a prison2 and 7ii7 includes any juvenile1 detention1 work release1 or mental health facility that is used primarily to hold individuals who are-- 7,i7 awaiting adjudication of criminal charges or an immigration matter2 or 7,,ii7 serving a sentence for a criminal conviction4 7,e7 ,confinement facility communications service ,the term confinement facility communications service means a service that allows incarcerated persons to make electronic communications 7whether intrastate1 interstate1 or international and whether made using video1 audio1 or any other communicative method1 including advanced communications services7 to individuals outside the confinement facility1 or to individuals inside the confinement facility1 where the incarcerated person is being held1 regardless of the technology used to deliver the service4 7,f7 ,consumer ,the term consumer means the party paying a provider of confinement facility communications services4 7,g7 ,debit calling ,the term debit calling means a presubscription or comparable service which allows an incarcerated person1 or someone acting on an incarcerated person's behalf1 to fund an account set up through a provider that can be used to pay for confinement facility communications services originated by the incarcerated person4 7,h7 ,fee for single-call and related services ,the term fee for single-call and related services means a billing arrangement whereby communications made by an incarcerated person using collect calling are billed through a third party on a per-communication basis1 where the recipient does not have an account with the provider of confinement facility communications services4 7,i7 ,incarcerated person ,the term incarcerated person means a person detained at a confinement facility1 regardless of the duration of the detention4 7,j7 ,jail ,the term jail-- 7i7 means a facility of a law enforcement agency of the ,federal ,government or of a ,state or political subdivision of a ,state that is used primarily to hold individuals who are-- 7,i7 awaiting adjudication of criminal charges2 7,,ii7 post-conviction and committed to confinement for sentences of one year or less2 or 7,,iii7 post-conviction and awaiting transfer to another facility2 and 7ii7 includes-- 7,i7 city1 county1 or regional facilities that have contracted with a private company to manage day-to-day operations2 7,,ii7 privately-owned and operated facilities primarily engaged in housing city1 county1 or regional incarcerated persons2 and 7,,iii7 facilities used to detain individuals pursuant to a contract with ,u4,s4 ,immigration and ,customs ,enforcement4 7,k7 ,live agent fee ,the term live agent fee means a fee associated with the optional use of a live operator to complete a confinement facility communications service transaction4 7,l7 ,paper bill or statement fee ,the term paper bill or statement fee means a fee associated with providing a consumer an optional paper billing statement4 7,m7 ,per-communication or per-connection charge ,the term per-communication or per-connection charge means a one-time fee charged to a consumer at the initiation of a communication4 7,n7 ,prepaid calling ,the term prepaid calling means a calling arrangement that allows a consumer to pay in advance for a specified amount of confinement facility communications services4 7,o7 ,prison ,the term prison-- 7i7 means a facility operated by a ,state or ,federal agency that is used primarily to confine individuals convicted of felonies and sentenced to terms in excess of one year2 and 7ii7 includes-- 7,i7 public and private facilities that provide outsource housing to ,state or ,federal agencies such as ,state ,departments of ,correction and the ,federal ,bureau of ,prisons2 and 7,,ii7 facilities that would otherwise be jails but in which the majority of incarcerated persons are post-conviction or are committed to confinement for sentences of longer than one year4 7,p7 ,provider of confinement facility communications services ,the term provider of confinement facility communications services means any communications service provider that provides confinement facility communications services1 regardless of the technology used4 7,q7 ,site commission ,the term site commission means any monetary payment1 in-kind payment1 gift1 exchange of services or goods1 fee1 technology allowance1 or product that a provider of confinement facility communications services or an affiliate of a provider of confinement facility communications services may pay1 give1 donate1 or otherwise provide to-- 7i7 an entity that operates a confinement facility2 7ii7 an entity with which the provider of confinement facility communications services enters into an agreement to provide confinement facility communications services2 7iii7 a governmental agency that oversees a confinement facility2 7iv7 the ,state or political subdivision of a ,state where a confinement facility is located2 or 7v7 an agent or other representative of an entity described in any of clauses 7i7 through 7iv74 7,r7 ,third-party financial transaction fee ,the term third-party financial transaction fee means the exact fee1 with no markup1 that a provider of confinement facility communications services is charged by a third party to transfer money or process a financial transaction to facilitate the ability of a consumer to make an account payment via a third party4 7,s7 ,voice service ,the term voice service-- 7i7 means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the ,north ,american ,numbering ,plan or any successor to the ,north ,american ,numbering ,plan adopted by the ,commission under section #bea7;e77#a72 and 7ii7 includes-- 7,i7 transmissions from a telephone facsimile machine1 computer1 or other device to a telephone facsimile machine2 and 7,,ii7 without limitation1 any service that enables real-time1 two-way voice communications1 including any service that requires internet protocol-compatible customer premises equipment 7commonly known as ,,cpe7 and permits out-bound calling1 whether or not the service is one-way or two-way voice over internet protocol4 4 7b7 ,conforming amendment ,section #bgf7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bgf7;d77 is amended by striking inmate telephone service in correctional institutions and inserting confinement facility communications services 7as defined in subsection 7e77#g774 7c7 ,existing contracts 7#a7 ,in general ,in the case of a contract that was entered into and under which a provider of confinement facility communications services was providing such services at a confinement facility on or before the date of the enactment of this ,act-- 7,a7 paragraphs 7#a7 through 7#e7 of subsection 7e7 of section #bgf of the ,communications ,act of #aicd1 as added by subsection 7a7 of this section1 shall apply to the provision of confinement facility communications services by such provider at such facility beginning on the earlier of-- 7i7 the date that is #fj days after such date of enactment2 or 7ii7 the date of the termination of the contract2 and 7,b7 the terms of such contract may not be extended after such date of enactment1 whether by exercise of an option or otherwise4 7#b7 ,definitions ,in this subsection1 the terms confinement facility1 confinement facility communications service1 and provider of confinement facility communications services have the meanings given such terms in paragraph 7#g7 of subsection 7e7 of section #bgf of the ,communications ,act of #aicd1 as added by subsection 7a7 of this section4 #d4 ,authority ,section #b7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aeb7;b77 is amended by inserting section #bgf1 after #bbg1 inclusive14