S.Amdt. 6187Senate117th Congress (2021-2023)2nd degree

S.Amdt. 6187

What it does: Adds SEC. __. MARTHA WRIGHT-REED JUST AND REASONABLE COMMUNICATIONS ACT OF 2021 wherever appropriate
Submitted September 29, 2022

What it changes

1 change to S.Amdt. 5499

Adds a section
  1. Adds SEC. __. MARTHA WRIGHT-REED JUST AND REASONABLE COMMUNICATIONS ACT OF 2021 wherever appropriate

    Adds a section

    Inserted: SEC. __. MARTHA WRIGHT-REED JUST AND REASONABLE COMMUNICATIONS ACT OF 2021.

    Inserted: (a) Short Title.--This section may be cited as the "Martha Wright-Reed Just and Reasonable Communications Act of 2021".

    Inserted: (b) Technical Amendments.--

    Inserted: (1) In general.--Section 276 of the Communications Act of 1934 (47 U.S.C. 276) is amended--

    Inserted: (A) in subsection (b)(1)(A)--

    Inserted: (i) by striking "per call";

    Inserted: (ii) by inserting ", and all rates and charges are just and reasonable," after "fairly compensated";

    Inserted: (iii) by striking "each and every";

    Inserted: (iv) by striking "call using" and inserting "communications using"; and

    Inserted: (v) by inserting "or other calling device" after "payphone"; and

    Inserted: (B) 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".

    Inserted: (2) Definition of advanced communications services.--Section 3(1) of the Communications Act of 1934 (47 U.S.C. 153(1)) is amended--

    Show 11 more inserted paragraphs

    Inserted: (A) in subparagraph (C), by striking "and" at the end;

    Inserted: (B) in subparagraph (D), by striking the period at the end and inserting "; and"; and

    Inserted: (C) by adding at the end the following:

    Inserted: "(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.".

    Inserted: (3) 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,".

    Inserted: (c) Implementation.--

    Inserted: (1) Rulemaking.--Not earlier than 18 months and not later than 24 months after the date of enactment of this Act, the Federal Communications Commission shall promulgate any regulations necessary to implement this section and the amendments made by this section.

    Inserted: (2) Use of data.--In implementing this section and the amendments made by this section, including by promulgating regulations under subsection (a) and determining just and reasonable rates, the Federal Communications Commission--

    Inserted: (A) 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

    Inserted: (B) shall consider costs associated with any safety and security measures necessary to provide a service described in subparagraph (A) and differences in the costs described in subparagraph (A) by small, medium, or large facilities or other characteristics.

    Inserted: (d) Effect on Other Laws.--Nothing in this section 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.

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

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As printed

SA 6187. Ms. DUCKWORTH submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. MARTHA WRIGHT-REED JUST AND REASONABLE COMMUNICATIONS ACT OF 2021.

(a) Short Title.--This section may be cited as the “Martha Wright-Reed Just and Reasonable Communications Act of 2021”.

(b) Technical Amendments.--

(1) In general.--Section 276 of the Communications Act of 1934 (47 U.S.C. 276) is amended--

(A) in subsection (b)(1)(A)--

(i) by striking “per call”;

(ii) by inserting “, and all rates and charges are just and reasonable,” after “fairly compensated”;

(iii) by striking “each and every”;

(iv) by striking “call using” and inserting “communications using”; and

(v) by inserting “or other calling device” after “payphone”; and

(B) 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”.

(2) Definition of advanced communications services.--Section 3(1) of the Communications Act of 1934 (47 U.S.C. 153(1)) is amended--

(A) in subparagraph (C), by striking “and” at the end;

(B) in subparagraph (D), by striking the period at the end and inserting “; and”; and

(C) 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.”.

(3) 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,”.

(c) Implementation.--

(1) Rulemaking.--Not earlier than 18 months and not later than 24 months after the date of enactment of this Act, the Federal Communications Commission shall promulgate any regulations necessary to implement this section and the amendments made by this section.

(2) Use of data.--In implementing this section and the amendments made by this section, including by promulgating regulations under subsection (a) and determining just and reasonable rates, the Federal Communications Commission--

(A) 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

(B) shall consider costs associated with any safety and security measures necessary to provide a service described in subparagraph (A) and differences in the costs described in subparagraph (A) by small, medium, or large facilities or other characteristics.

(d) Effect on Other Laws.--Nothing in this section 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.

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Senate amendment submitted

September 29, 2022