```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6441 Introduced in House (IH)]

<DOC>

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.

    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 ``Video Visitation in Prisons Act of 
2016''.

SEC. 2. FCC REGULATION OF VIDEO VISITATION SERVICE AND INMATE CALLING 
              SERVICE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Communications Commission shall 
promulgate regulations with respect to video visitation service, and 
amend its regulations with respect to inmate calling service (as 
necessary), to ensure that all charges, practices, classifications, and 
regulations for and in connection with video visitation service and 
inmate calling service are just and reasonable.
    (b) Requirements for Regulations.--The regulations promulgated 
under subsection (a) shall include the following:
            (1) Caps on the rates (and any related fees or charges) 
        that a provider of a covered service may charge for such 
        service.
            (2) A prohibition against a provider of a covered service 
        charging a flat rate for a call, regardless of the duration of 
        the call.
            (3) A prohibition against a provider of a covered service 
        requiring a correctional facility to restrict in-person 
        visitation as a condition of providing such service in such 
        facility.
            (4) A requirement that a provider of a covered service 
        certify annually to the Commission that such provider is in 
        compliance with the prohibition under paragraph (3). If such 
        provider is subject to the annual reporting and certification 
        requirement of section 64.6060 of title 47, Code of Federal 
        Regulations, the certification required under this paragraph 
        shall be included as part of the certification required by such 
        section.
            (5) A prohibition against a provider of a covered service 
        offering or entering into an agreement to provide a covered 
        service as part of a bundle of services that includes any 
        service that is not a communications service.
            (6) Requirements for the offering or entering into an 
        agreement to provide a covered service as part of a bundle of 
        services that ensure that correctional facilities are able to 
        review each service separately during the request for proposals 
        process.
            (7) With respect to video visitation service, quality 
        standards that are the best commercially available for 
        effective human communication by video. In developing such 
        standards, the Commission shall seek comments that review the 
        academic literature regarding the appropriate thresholds for 
        effective human communication by video.
    (c) Applicability.--The regulations promulgated under subsection 
(a) shall apply to interstate service, intrastate service, and 
international service. In promulgating such regulations, the Commission 
may provide for different requirements for interstate service, 
intrastate service, and international service.
    (d) Definitions.--In this section:
            (1) Call.--The term ``call'' means a voice or video call 
        using a covered service. Such term includes any other session 
        of use that is similar to a telephone call.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Covered service.--The term ``covered service'' means an 
        inmate calling service or a video visitation service.
            (4) Video visitation service.--The term ``video visitation 
        service'' means a service that allows inmates to make video 
        calls to individuals outside the correctional facility where 
        the inmate is being held, regardless of the technology used to 
        deliver the service. A video visitation service may be 
        classified as an inmate calling service, as the Commission 
        considers appropriate.
            (5) Additional definitions from regulations.--The terms 
        ``correctional facility'', ``inmate'', and ``inmate calling 
        service'' have the meanings given such terms in section 64.6000 
        of title 47, Code of Federal Regulations.

SEC. 3. BUREAU OF PRISONS OVERSIGHT.

    Chapter 301 of title 18, United States Code, is amended--
            (1) by adding at the end the following:
``Sec. 4015. Video visitation
    ``(a) In General.--The Director of the Bureau of Prisons shall take 
such actions as may be necessary to ensure that, in the case of any 
prisoner in the custody of the Bureau of Prisons, video visitation is 
available subject to the following:
            ``(1) Video visitation may be used only to supplement, not 
        supplant, in-person visitation.
            ``(2) Any equipment or area made available for purposes of 
        video visitation shall maximize privacy to the extent 
        practicable, and shall include measures to ensure the 
        operability of the equipment by visitors, including children.
            ``(3) In entering into any agreement to provide covered 
        services, the Director--
                    ``(A) shall give priority to bids submitted that 
                require the purchase of equipment for video visitation;
                    ``(B) may not enter into any agreement including a 
                term providing for--
                            ``(i) any services other than those that 
                        are minimally required by the Director;
                            ``(ii) any authority to a person other than 
                        a corrections officer to make a determination 
                        that affects the terms of a prisoner's 
                        imprisonment, including visitation schedules or 
                        ability of a person to move about within a 
                        correctional facility; or
                            ``(iii) a covered service as part of a 
                        bundle of services that includes any service 
                        that is not a covered service; and
                    ``(C) may not enter into any agreement that does 
                not include terms requiring--
                            ``(i) that the service provider provide a 
                        list of each video visitation and each 
                        individual fee charged to the visitor and the 
                        prisoner;
                            ``(ii) that the service provider offer a 
                        minimum number of free visits each month based 
                        on good behavior (as determined by the head of 
                        the correctional facility wherein the service 
                        is provided); and
                            ``(iii) that the service provider submit 
                        quarterly reports including such information as 
                        the Director may require to ensure compliance 
                        with the terms of this section.
    ``(b) Definition.--In this section, terms used have the meanings 
given such terms in section 2(d) of the Video Visitation in Prisons Act 
of 2016, except that, for purposes of this section, the term video 
visitation service includes a service that allows the use of 
videoconferencing or analog closed circuit television systems and 
software to allow inmates and visitors to visit at a distance with an 
inmate in a correctional facility.''; and
            (2) in the table of sections, by adding at the end the 
        following:

``4015. Video visitation.''.
                                 <all>
```