I 

114TH CONGRESS 

2D SESSION H. R. 6441 

To provide for the regulation of video visitation services by the Federal 

Communications Commission generally, to establish criteria for the provision of video visitation services by the Bureau of Prisons, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2016 

Ms. DUCKWORTH introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the regulation of video visitation services 

by the Federal Communications Commission generally, 

to establish criteria for the provision of video visitation 

services by the Bureau of Prisons, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Video Visitation in 

5 Prisons Act of 2016’’. 


smartinez on DSK3GLQ082PROD with BILLS
2 

•HR 6441 IH

1 SEC. 2. FCC REGULATION OF VIDEO VISITATION SERVICE 

2 AND INMATE CALLING SERVICE. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the Federal Commu5 nications Commission shall promulgate regulations with 

6 respect to video visitation service, and amend its regula7 tions with respect to inmate calling service (as necessary), 

8 to ensure that all charges, practices, classifications, and 

9 regulations for and in connection with video visitation 

10 service and inmate calling service are just and reasonable. 

11 (b) REQUIREMENTS FOR REGULATIONS.—The regu12 lations promulgated under subsection (a) shall include the 

13 following: 

14 (1) Caps on the rates (and any related fees or 

15 charges) that a provider of a covered service may 

16 charge for such service. 

17 (2) A prohibition against a provider of a cov18 ered service charging a flat rate for a call, regardless 

19 of the duration of the call. 

20 (3) A prohibition against a provider of a cov21 ered service requiring a correctional facility to re22 strict in-person visitation as a condition of providing 

23 such service in such facility. 

24 (4) A requirement that a provider of a covered 

25 service certify annually to the Commission that such 

26 provider is in compliance with the prohibition under 


smartinez on DSK3GLQ082PROD with BILLS
3 

•HR 6441 IH

1 paragraph (3). If such provider is subject to the an2 nual reporting and certification requirement of sec3 tion 64.6060 of title 47, Code of Federal Regula4 tions, the certification required under this paragraph 

5 shall be included as part of the certification required 

6 by such section. 

7 (5) A prohibition against a provider of a cov8 ered service offering or entering into an agreement 

9 to provide a covered service as part of a bundle of 

10 services that includes any service that is not a com11 munications service. 

12 (6) Requirements for the offering or entering 

13 into an agreement to provide a covered service as 

14 part of a bundle of services that ensure that correc15 tional facilities are able to review each service sepa16 rately during the request for proposals process. 

17 (7) With respect to video visitation service, 

18 quality standards that are the best commercially 

19 available for effective human communication by 

20 video. In developing such standards, the Commission 

21 shall seek comments that review the academic lit22 erature regarding the appropriate thresholds for ef23 fective human communication by video. 

24 (c) APPLICABILITY.—The regulations promulgated 

25 under subsection (a) shall apply to interstate service, 


smartinez on DSK3GLQ082PROD with BILLS
4 

•HR 6441 IH

1 intrastate service, and international service. In promul2 gating such regulations, the Commission may provide for 

3 different requirements for interstate service, intrastate 

4 service, and international service. 

5 (d) DEFINITIONS.—In this section: 

6 (1) CALL.—The term ‘‘call’’ means a voice or 

7 video call using a covered service. Such term in8 cludes any other session of use that is similar to a 

9 telephone call. 

10 (2) COMMISSION.—The term ‘‘Commission’’ 

11 means the Federal Communications Commission. 

12 (3) COVERED SERVICE.—The term ‘‘covered 

13 service’’ means an inmate calling service or a video 

14 visitation service. 

15 (4) VIDEO VISITATION SERVICE.—The term 

16 ‘‘video visitation service’’ means a service that allows 

17 inmates to make video calls to individuals outside 

18 the correctional facility where the inmate is being 

19 held, regardless of the technology used to deliver the 

20 service. A video visitation service may be classified 

21 as an inmate calling service, as the Commission con22 siders appropriate. 

23 (5) ADDITIONAL DEFINITIONS FROM REGULA24 TIONS.—The terms ‘‘correctional facility’’, ‘‘inmate’’, 

25 and ‘‘inmate calling service’’ have the meanings 


smartinez on DSK3GLQ082PROD with BILLS
5 

•HR 6441 IH

1 given such terms in section 64.6000 of title 47, Code 

2 of Federal Regulations. 

3 SEC. 3. BUREAU OF PRISONS OVERSIGHT. 

4 Chapter 301 of title 18, United States Code, is 

5 amended— 

6 (1) by adding at the end the following: 

7 ‘‘§ 4015. Video visitation 

8 ‘‘(a) IN GENERAL.—The Director of the Bureau of 

9 Prisons shall take such actions as may be necessary to 

10 ensure that, in the case of any prisoner in the custody 

11 of the Bureau of Prisons, video visitation is available sub12 ject to the following: 

13 ‘‘(1) Video visitation may be used only to sup14 plement, not supplant, in-person visitation. 

15 ‘‘(2) Any equipment or area made available for 

16 purposes of video visitation shall maximize privacy 

17 to the extent practicable, and shall include measures 

18 to ensure the operability of the equipment by visi19 tors, including children. 

20 ‘‘(3) In entering into any agreement to provide 

21 covered services, the Director— 

22 ‘‘(A) shall give priority to bids submitted 

23 that require the purchase of equipment for 

24 video visitation; 


smartinez on DSK3GLQ082PROD with BILLS
6 

•HR 6441 IH

1 ‘‘(B) may not enter into any agreement in2 cluding a term providing for— 

3 ‘‘(i) any services other than those that 

4 are minimally required by the Director; 

5 ‘‘(ii) any authority to a person other 

6 than a corrections officer to make a deter7 mination that affects the terms of a pris8 oner’s imprisonment, including visitation 

9 schedules or ability of a person to move 

10 about within a correctional facility; or 

11 ‘‘(iii) a covered service as part of a 

12 bundle of services that includes any service 

13 that is not a covered service; and 

14 ‘‘(C) may not enter into any agreement 

15 that does not include terms requiring— 

16 ‘‘(i) that the service provider provide 

17 a list of each video visitation and each in18 dividual fee charged to the visitor and the 

19 prisoner; 

20 ‘‘(ii) that the service provider offer a 

21 minimum number of free visits each month 

22 based on good behavior (as determined by 

23 the head of the correctional facility where24 in the service is provided); and 


smartinez on DSK3GLQ082PROD with BILLS
7 

•HR 6441 IH

1 ‘‘(iii) that the service provider submit 

2 quarterly reports including such informa3 tion as the Director may require to ensure 

4 compliance with the terms of this section. 

5 ‘‘(b) DEFINITION.—In this section, terms used have 

6 the meanings given such terms in section 2(d) of the Video 

7 Visitation in Prisons Act of 2016, except that, for pur8 poses of this section, the term video visitation service in9 cludes a service that allows the use of videoconferencing 

10 or analog closed circuit television systems and software to 

11 allow inmates and visitors to visit at a distance with an 

12 inmate in a correctional facility.’’; and 

13 (2) in the table of sections, by adding at the 

14 end the following: 

‘‘4015. Video visitation.’’. 

Æ 


smartinez on DSK3GLQ082PROD with BILLS