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 provi-
sion 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 Com-
mittee 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 juris-
diction 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 Commu-
nications Commission shall promulgate regulations with 
respect to video visitation service, and amend its regula-
tions 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 regu-
lations 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 cov-
ered service charging a flat rate for a call, regardless 
of the duration of the call. 
(3) A prohibition against a provider of a cov-
ered service requiring a correctional facility to re-
strict 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 
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paragraph (3). If such provider is subject to the an-
nual reporting and certification requirement of sec-
tion 64.6060 of title 47, Code of Federal Regula-
tions, 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 cov-
ered 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 com-
munications 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 correc-
tional facilities are able to review each service sepa-
rately 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 lit-
erature regarding the appropriate thresholds for ef-
fective human communication by video. 
(c) APPLICABILITY.—The regulations promulgated 
under subsection (a) shall apply to interstate service, 
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intrastate service, and international service. In promul-
gating 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 in-
cludes 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 con-
siders appropriate. 
(5) ADDITIONAL DEFINITIONS FROM REGULA-
TIONS.—The terms ‘‘correctional facility’’, ‘‘inmate’’, 
and ‘‘inmate calling service’’ have the meanings 
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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: 
‘‘§ 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 sub-
ject to the following: 
‘‘(1) Video visitation may be used only to sup-
plement, 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 visi-
tors, 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; 
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