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