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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3638 Introduced in House (IH)]

<DOC>

114th CONGRESS
  1st Session
                                H. R. 3638

    To amend the Communications Act of 1934 to require the Federal 
    Communications Commission to prescribe rules regulating inmate 
       telephone and video service rates, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2015

  Mr. Rush (for himself, Ms. Norton, Mr. Butterfield, and Mr. Rangel) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
    To amend the Communications Act of 1934 to require the Federal 
    Communications Commission to prescribe rules regulating inmate 
       telephone and video service rates, and for other purposes.

    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 ``Family Telephone Connection 
Protection Act of 2015''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) It is the policy of the United States to ensure that 
        all Americans are afforded just and reasonable communications 
        services, including those families that pay rates for inmate 
        telephone and video service.
            (2) Telephone and video calls are the primary methods by 
        which individuals correspond and maintain contact with family 
        members who are incarcerated in correctional institutions.
            (3) Except for emergency purposes, family members are not 
        allowed to call people incarcerated in correctional 
        institutions, and incarcerated persons are typically allowed to 
        call family members and other pre-approved individuals only 
        through facilities physically located on the premises of 
        correctional institutions.
            (4) Inmate telephone and video service in correctional 
        institutions often is limited to collect calling.
            (5) Regardless of whether the prisoners' calls are placed 
        collect or through a debit account, the prisoners' family 
        members typically pay for the calls, either through their 
        telephone bills, in the case of collect calls received from 
        prisoners, or by making deposits directly into prisoners' debit 
        accounts.
            (6) It is clear from various studies that maintaining 
        frequent and meaningful communications between people who are 
        incarcerated and family members is key to the successful social 
        reintegration of formerly incarcerated individuals. Such 
        contact reduces recidivism and facilitates rehabilitation, 
        which in turn reduces crime and the future costs of 
        imprisonment.
            (7) Frequent communication between incarcerated persons and 
        family members is burdened, and in some cases, prevented, by 
        excessive inmate telephone and video service rates. Excessive 
        inmate telephone and video service rates thus weaken the family 
        and community ties that are necessary for successful reentry 
        into society by persons who were formerly incarcerated and the 
        reduction in crime resulting from successful reentry.
            (8) Innocent citizens are paying excessive telephone and 
        video service charges simply due to having a family member or 
        loved one who is incarcerated.
            (9) The rates for calls from correctional institutions are 
        some of the highest rates in the United States, with some per-
        minute charges reaching $1 and service or connection charges of 
        $3.00 per call.
            (10) Information compiled by the Congress and the Federal 
        Communications Commission shows that the high rates are due in 
        part to the lack of competition between companies that provide 
        long distance inmate telephone and video service to 
        correctional institutions.
            (11) There are no competitive forces providing incentives 
        for those carriers to lower prices or operate efficiently 
        because, unlike the mass market, only one carrier is typically 
        permitted to provide long distance inmate telephone and video 
        service within each correctional institution.
            (12) High calling rates also are due in part to commissions 
        that carriers pay to correctional institution administrators 
        for the exclusive right to provide long distance inmate 
        telephone and video service in a correctional facility. In some 
        cases, such commissions can account for as much as 60 percent 
        of the total revenues received from the use of prison 
        payphones.
            (13) The collection of such commissions by correctional 
        institution administrators and State departments of correction 
        based upon interstate telecommunications revenues is a burden 
        on interstate commerce.
            (14) Due to the lack of competition for telephone and video 
        services within correctional institutions, families of people 
        in prison, many of whom have low incomes, cannot choose the 
        long distance carrier with the lowest calling rates and must 
        pay the excessive rates charged by the carrier having the 
        exclusive right to provide long distance service to the 
        correctional institution from which the call originates.
            (15) The Commission has the expertise and authority to 
        regulate inmate telephone and video service. Because parties to 
        Commission rulemaking proceedings have raised issues regarding 
        its authority to implement meaningful relief for excessive 
        inmate telephone and video service rates, Congress finds it 
        necessary and appropriate to reaffirm that the Commission has 
        the authority to implement the types of relief set forth in 
        this Act.

SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE AND VIDEO 
              SERVICE.

    (a) Definitions.--Section 226(a) of the Communications Act of 1934 
(47 U.S.C. 226(a)) is amended by adding at the end the following:
            ``(10) The term `ancillary fee' includes any charge or fee 
        that is imposed on a user of inmate telephone and video service 
        in addition to the per-minute rate and connection charge.
            ``(11) The term `collect' or `collect call' means a 
        telephone call or video call from a person incarcerated in a 
        correctional institution that is billed to the subscriber 
        receiving the call.
            ``(12) The term `commission' means a fee or other payment 
        by a provider of inmate telephone and video service to an 
        administrator of a correctional institution, department of 
        correction, or similar entity, based upon, or partly upon, 
        inmate telephone and video service revenue.
            ``(13) The term `debit account' means the payment of inmate 
        telephone and video service through a prepaid card or other 
        account of a prisoner, which can be accessed only through an 
        access code, personal identification number, or similar 
        identifier.
            ``(14) The term `inmate telephone and video service' 
        includes the provision of telephone and video service enabling 
        persons incarcerated in correctional institutions to originate 
        calls at payphones, telephones, or video kiosks that are 
        designated for the personal use of prisoners, regardless of 
        whether the calls are collect, paid through a debit account, or 
        paid through any other means.
            ``(15) The term `provider of inmate telephone and video 
        service' means any common carrier that provides inmate 
        telephone and video service or any other person determined by 
        the Commission to be providing inmate telephone and video 
        service.''.
    (b) Regulations.--Section 226 of the Communications Act of 1934 (47 
U.S.C. 226) is amended--
            (1) by redesignating subsection (i) as subsection (k); and
            (2) by inserting after subsection (h) the following:
    ``(i) Regulation of Inmate Telephone and Video Service.--
            ``(1) In general.--In order to ensure that charges for 
        inmate telephone and video service are just, reasonable, and 
        nondiscriminatory, not later than 1 year after the date of 
        enactment of the Family Telephone Connection Protection Act of 
        2015, the Commission shall adopt regulations on the use of 
        inmate telephone and video service that--
                    ``(A) prescribe a maximum uniform per-minute 
                compensation rate;
                    ``(B) prescribe a maximum uniform service 
                connection or other per-call compensation rate;
                    ``(C) prescribe variable maximum compensation rates 
                depending on such factors as carrier costs, the size of 
                the correctional facility served, and other relevant 
                factors identified by the Commission;
                    ``(D) require providers of inmate telephone and 
                video service to offer both collect calling and debit 
                account services;
                    ``(E) address the payment of commissions by 
                providers of inmate telephone and video service to 
                administrators of correctional institutions, 
                departments of correction, and similar entities by--
                            ``(i) prohibiting such payments; or
                            ``(ii) limiting commission payments;
                    ``(F) require administrators of correctional 
                institutions, departments of correction, and similar 
                entities to allow more than 1 provider of inmate 
                telephone and video service to provide interstate 
                inmate telephone and video service at a correctional 
                institution so that prisoners have a choice of such 
                providers; and
                    ``(G) prohibit or substantially limit any ancillary 
                fees imposed by a provider of inmate telephone and 
                video service on a user of the service.
            ``(2) Scope.--
                    ``(A) In general.--The regulations adopted by the 
                Commission under this subsection--
                            ``(i) shall be technologically neutral; and
                            ``(ii) shall not jeopardize legitimate 
                        security and penological interests.
                    ``(B) Impact on revenue.--To the extent the 
                regulations adopted by the Commission under this 
                subsection reduce or eliminate the revenue derived by 
                administrators of correctional institutions, 
                departments of correction, and similar entities from 
                the receipt of commissions, such effects of the 
                regulations shall not be considered to be jeopardizing 
                or otherwise affecting legitimate security or 
                penological interests.
            ``(3) Periodic review.--The Commission shall review, on a 
        biennial basis, the regulations adopted under this subsection, 
        including to determine whether any compensation rates 
        established by the Commission should be modified.
            ``(4) State preemption.--To the extent that any State, 
        local government, or private correctional facility requirements 
        are inconsistent with the regulations of the Commission 
        affecting or pertaining to inmate telephone and video service, 
        including restrictions on the payment of commissions based upon 
        inmate telephone and video service revenues or earnings, the 
        regulations of the Commission on such matters shall preempt the 
        State, local government, or private correctional facility 
        requirements.
    ``(j) Inmate Telephone and Video Service Fully Subject to Sections 
201, 205, 251, 252, and 276.--
            ``(1) In general.--Inmate telephone and video service shall 
        be fully subject to the requirements of sections 201, 205, 251, 
        252, and 276.
            ``(2) Restriction.--A provider of inmate telephone and 
        video service may not block or otherwise refuse to carry a call 
        placed by an incarcerated person on the grounds that the 
        provider has no contractual or other arrangement with the local 
        exchange carrier serving the intended recipient of the call or 
        other common carrier involved in any portion of the 
        transmission of the call.''.
                                 <all>
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