Martha Wright-Reed Just and Reasonable Communications Act of 2022
PL 117-338 (S.1541), enacted 01/05/2023

[117th Congress Public Law 338]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 6156]]

Public Law 117-338
117th Congress

                                 An Act


 
     To amend the Communications Act of 1934 to require the Federal 
  Communications Commission to ensure just and reasonable charges for 
   telephone and advanced communications services in correctional and 
       detention facilities. <<NOTE: Jan. 5, 2023 -  [S. 1541]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Martha Wright-
Reed Just and Reasonable Communications Act of 2022.>> 
SECTION 1. <<NOTE: 47 USC 609 note.>>  SHORT TITLE.

    This Act may be cited as the ``Martha Wright-Reed Just and 
Reasonable Communications Act of 2022''.
SEC. 2. TECHNICAL AMENDMENTS.

    (a) In General.--Section 276 of the Communications Act of 1934 (47 
U.S.C. 276) is amended--
            (1) in subsection (b)(1)(A)--
                    (A) by striking ``per call'';
                    (B) by inserting ``, and all rates and charges are 
                just and reasonable,'' after ``fairly compensated'';
                    (C) by striking ``each and every'';
                    (D) by striking ``call using'' and inserting 
                ``communications using''; and
                    (E) by inserting ``or other calling device'' after 
                ``payphone''; and
            (2) in subsection (d), by inserting ``and advanced 
        communications services described in subparagraphs (A), (B), 
        (D), and (E) of section 3(1)'' after ``inmate telephone 
        service''.

    (b) Definition of Advanced Communications Services.--Section 3(1) of 
the Communications Act of 1934 (47 U.S.C. 153(1)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) any audio or video communications service used 
                by inmates for the purpose of communicating with 
                individuals outside the correctional institution where 
                the inmate is held, regardless of technology used.''.

    (c) Application of the Act.--Section 2(b) of the Communications Act 
of 1934 (47 U.S.C. 152(b)) is amended by inserting ``section 276,'' 
after ``sections 223 through 227, inclusive,''.
SEC. 3. <<NOTE: 47 USC 152 note.>>  IMPLEMENTATION.

    (a) Rulemaking. <<NOTE: Deadlines.>> --Not earlier than 18 months 
and not later than 24 months after the date of enactment of this Act, 
the Federal

[[Page 136 STAT. 6157]]

Communications Commission shall promulgate any regulations necessary to 
implement this Act and the amendments made by this Act.

    (b) Use of Data.--In implementing this Act and the amendments made 
by this Act, including by promulgating regulations under subsection (a) 
and determining just and reasonable rates, the Federal Communications 
Commission--
            (1) may use industry-wide average costs of telephone service 
        and advanced communications services and the average costs of 
        service of a communications service provider; and
            (2) shall consider costs associated with any safety and 
        security measures necessary to provide a service described in 
        paragraph (1) and differences in the costs described in 
        paragraph (1) by small, medium, or large facilities or other 
        characteristics.
SEC. 4. <<NOTE: 47 USC 152 note.>>  EFFECT ON OTHER LAWS.

    Nothing in this Act shall be construed to modify or affect any 
Federal, State, or local law to require telephone service or advanced 
communications services at a State or local prison, jail, or detention 
facility or prohibit the implementation of any safety and security 
measures related to such services at such facilities.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 1541:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 21, considered and passed Senate.
            Dec. 22, considered and passed House.

                                  <all>