[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 120 Engrossed in Senate (ES)]

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117th CONGRESS
  2d Session
                                 S. 120

_______________________________________________________________________

                                 AN ACT


 
 To prevent and respond to the misuse of communications services that 
            facilitates domestic violence and other crimes.

    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 ``Safe Connections Act of 2022''.

SEC. 2. DEFINITIONS.

    Except as otherwise provided in this Act, terms used in this Act 
that are defined in section 345(a) of the Communications Act of 1934, 
as added by section 4 of this Act, have the meanings given those terms 
in such section 345(a).

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Domestic violence, dating violence, stalking, sexual 
        assault, human trafficking, and related crimes are life-
        threatening issues and have lasting and harmful effects on 
        individuals, families, and entire communities.
            (2) Survivors often lack meaningful support and options 
        when establishing independence from an abuser, including 
        barriers such as financial insecurity and limited access to 
        reliable communications tools to maintain essential connections 
        with family, social safety networks, employers, and support 
        services.
            (3) Perpetrators of violence and abuse described in 
        paragraph (1) increasingly use technological and communications 
        tools to exercise control over, monitor, and abuse their 
        victims.
            (4) Communications law can play a public interest role in 
        the promotion of safety, life, and property with respect to the 
        types of violence and abuse described in paragraph (1). For 
        example, independent access to a wireless phone plan can assist 
        survivors in establishing security and autonomy.
            (5) Safeguards within communications services can serve a 
        role in preventing abuse and narrowing the digital divide 
        experienced by survivors of abuse.

SEC. 4. PROTECTION OF DOMESTIC VIOLENCE SURVIVORS WITHIN COMMUNICATIONS 
              SERVICES.

    Part I of title III of the Communications Act of 1934 (47 U.S.C. 
301 et seq.) is amended by adding at the end the following:

``SEC. 345. PROTECTION OF SURVIVORS OF DOMESTIC VIOLENCE, HUMAN 
              TRAFFICKING, AND RELATED CRIMES.

    ``(a) Definitions.--In this section:
            ``(1) Abuser.--The term `abuser' means an individual who 
        has committed or allegedly committed a covered act against--
                    ``(A) an individual who seeks relief under 
                subsection (b); or
                    ``(B) an individual in the care of an individual 
                who seeks relief under subsection (b).
            ``(2) Covered act.--
                    ``(A) In general.--The term `covered act' means 
                conduct that constitutes--
                            ``(i) a crime described in section 40002(a) 
                        of the Violence Against Women Act of 1994 (34 
                        U.S.C. 12291(a)), including domestic violence, 
                        dating violence, sexual assault, stalking, and 
                        sex trafficking;
                            ``(ii) an act or practice described in 
                        paragraph (11) or (12) of section 103 of the 
                        Trafficking Victims Protection Act of 2000 (22 
                        U.S.C. 7102) (relating to severe forms of 
                        trafficking in persons and sex trafficking, 
                        respectively); or
                            ``(iii) an act under State law, Tribal law, 
                        or the Uniform Code of Military Justice that is 
                        similar to an offense described in clause (i) 
                        or (ii).
                    ``(B) Conviction not required.--Nothing in 
                subparagraph (A) shall be construed to require a 
                criminal conviction or any other determination of a 
                court in order for conduct to constitute a covered act.
            ``(3) Covered provider.--The term `covered provider' means 
        a provider of a private mobile service or commercial mobile 
        service, as those terms are defined in section 332(d).
            ``(4) Primary account holder.--The term `primary account 
        holder' means an individual who is a party to a mobile service 
        contract with a covered provider.
            ``(5) Shared mobile service contract.--The term `shared 
        mobile service contract'--
                    ``(A) means a mobile service contract for an 
                account that includes not less than 2 consumers; and
                    ``(B) does not include enterprise services offered 
                by a covered provider.
            ``(6) Survivor.--The term `survivor' means an individual 
        who is not less than 18 years old and--
                    ``(A) against whom a covered act has been committed 
                or allegedly committed; or
                    ``(B) who cares for another individual against whom 
                a covered act has been committed or allegedly committed 
                (provided that the individual providing care did not 
                commit or allegedly commit the covered act).
    ``(b) Separation of Lines From Shared Mobile Service Contract.--
            ``(1) In general.--Not later than 2 business days after 
        receiving a completed line separation request from a survivor 
        pursuant to subsection (c), a covered provider shall, as 
        applicable, with respect to a shared mobile service contract 
        under which the survivor and the abuser each use a line--
                    ``(A) separate the line of the survivor, and the 
                line of any individual in the care of the survivor, 
                from the shared mobile service contract; or
                    ``(B) separate the line of the abuser from the 
                shared mobile service contract.
            ``(2) Limitations on penalties, fees, and other 
        requirements.--Except as provided in paragraphs (5) through 
        (8), a covered provider may not make separation of a line from 
        a shared mobile service contract under paragraph (1) contingent 
        on any requirement other than the requirements under subsection 
        (c), including--
                    ``(A) payment of a fee, penalty, or other charge;
                    ``(B) maintaining contractual or billing 
                responsibility of a separated line with the provider;
                    ``(C) approval of separation by the primary account 
                holder, if the primary account holder is not the 
                survivor;
                    ``(D) a prohibition or limitation, including one 
                described in subparagraph (A), on number portability, 
                provided such portability is technically feasible, or a 
                request to change phone numbers;
                    ``(E) a prohibition or limitation on the separation 
                of lines as a result of arrears accrued by the account;
                    ``(F) an increase in the rate charged for the 
                mobile service plan of the primary account holder with 
                respect to service on any remaining line or lines; or
                    ``(G) any other limitation or requirement not 
                listed under subsection (c).
            ``(3) Rule of construction.--Nothing in paragraph (2) shall 
        be construed to require a covered provider to provide a rate 
        plan for the primary account holder that is not otherwise 
        commercially available.
            ``(4) Remote option.--A covered provider shall offer a 
        survivor the ability to submit a line separation request under 
        subsection (c) through secure remote means that are easily 
        navigable, provided that remote options are commercially 
        available and technically feasible.
            ``(5) Responsibility for transferred telephone numbers.--
        Notwithstanding paragraph (2), beginning on the date on which a 
        covered provider transfers billing responsibilities for and 
        rights to a telephone number or numbers to a survivor under 
        paragraph (1)(A) in response to a line separation request 
        submitted by the survivor under subsection (c), unless ordered 
        otherwise by a court, the survivor shall assume financial 
        responsibility, including for monthly service costs, for the 
        transferred telephone number or numbers.
            ``(6) Responsibility for transferred telephone numbers from 
        a survivor's account.--Notwithstanding paragraph (2), upon the 
        transfer of a telephone number under paragraph (1)(B) in 
        response to a line separation request submitted by a survivor 
        under subsection (c), the survivor shall have no further 
        financial responsibilities to the transferring covered provider 
        for the services provided by the transferring covered provider 
        for the telephone number or for any mobile device associated 
        with the telephone number.
            ``(7) Responsibility for mobile device.--Notwithstanding 
        paragraph (2), beginning on the date on which a covered 
        provider transfers billing responsibilities for and rights to a 
        telephone number or numbers to a survivor under paragraph 
        (1)(A) in response to a line separation request submitted by 
        the survivor under subsection (c), unless otherwise ordered by 
        a court, the survivor shall not assume financial responsibility 
        for any mobile device associated with the separated line, 
        unless the survivor purchased the mobile device, or 
        affirmatively elects to maintain possession of the mobile 
        device.
            ``(8) Notice to survivor.--If a covered provider separates 
        a line from a shared mobile service contract under paragraph 
        (1) and the primary account holder is not the survivor, the 
        covered provider shall notify the survivor of the date on which 
        the covered provider intends to give any formal notice to the 
        primary account holder.
    ``(c) Line Separation Request.--
            ``(1) In general.--A survivor shall submit to the covered 
        provider a line separation request that--
                    ``(A) verifies that an individual who uses a line 
                under the shared mobile service contract has committed 
                or allegedly committed a covered act against the 
                survivor or an individual in the survivor's care, by 
                providing--
                            ``(i) a copy of a signed affidavit from a 
                        licensed medical or mental health care 
                        provider, licensed military medical or mental 
                        health care provider, licensed social worker, 
                        victim services provider, or licensed military 
                        victim services provider, or an employee of a 
                        court, acting within the scope of that person's 
                        employment; or
                            ``(ii) a copy of a police report, 
                        statements provided by police, including 
                        military police, to magistrates or judges, 
                        charging documents, protective or restraining 
                        orders, military protective orders, or any 
                        other official record that documents the 
                        covered act;
                    ``(B) in the case of relief sought under subsection 
                (b)(1)(A), with respect to--
                            ``(i) a line used by the survivor that the 
                        survivor seeks to have separated, states that 
                        the survivor is the user of that specific line; 
                        and
                            ``(ii) a line used by an individual in the 
                        care of the survivor that the survivor seeks to 
                        have separated, includes an affidavit setting 
                        forth that the individual--
                                    ``(I) is in the care of the 
                                survivor; and
                                    ``(II) is the user of that specific 
                                line; and
                    ``(C) requests relief under subparagraph (A) or (B) 
                of subsection (b)(1) and identifies each line that 
                should be separated.
            ``(2) Communications from covered providers.--
                    ``(A) In general.--A covered provider shall notify 
                a survivor seeking relief under subsection (b) in clear 
                and accessible language that the covered provider may 
                contact the survivor, or designated representative of 
                the survivor, to confirm the line separation, or if the 
                covered provider is unable to complete the line 
                separation for any reason, pursuant to subparagraphs 
                (B) and (C).
                    ``(B) Remote means.--A covered provider shall 
                notify a survivor under subparagraph (A) through remote 
                means, provided that remote means are commercially 
                available and technically feasible.
                    ``(C) Election of manner of contact.--When 
                completing a line separation request submitted by a 
                survivor through remote means under paragraph (1), a 
                covered provider shall allow the survivor to elect in 
                the manner in which the covered provider may--
                            ``(i) contact the survivor, or designated 
                        representative of the survivor, in response to 
                        the request, if necessary; or
                            ``(ii) notify the survivor, or designated 
                        representative of the survivor, of the 
                        inability of the covered provider to complete 
                        the line separation.
            ``(3) Enhanced protections under state law.--This 
        subsection shall not affect any law or regulation of a State 
        providing communications protections for survivors (or any 
        similar category of individuals) that has less stringent 
        requirements for providing evidence of a covered act (or any 
        similar category of conduct) than this subsection.
    ``(d) Confidential and Secure Treatment of Personal Information.--
            ``(1) In general.--Notwithstanding section 222(c)(2), a 
        covered provider and any officer, director, employee, vendor, 
        or agent thereof shall treat any information submitted by a 
        survivor under subsection (c) as confidential and securely 
        dispose of the information not later than 90 days after 
        receiving the information.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to prohibit a covered provider from maintaining, 
        for longer than the period specified in that paragraph, a 
        record that verifies that a survivor fulfilled the conditions 
        of a line separation request under subsection (c).
    ``(e) Availability of Information to Consumers.--A covered provider 
shall make information about the options and process described in 
subsections (b) and (c) readily available to consumers--
            ``(1) on the website and the mobile application of the 
        provider;
            ``(2) in physical stores; and
            ``(3) in other forms of public-facing consumer 
        communication.
    ``(f) Technical Infeasibility.--
            ``(1) In general.--The requirement to effectuate a line 
        separation request pursuant to subsection (b)(1) shall not 
        apply to a covered provider if the covered provider cannot 
        operationally or technically effectuate the request.
            ``(2) Notification.--If a covered provider cannot 
        operationally or technically effectuate a line separation 
        request as described in paragraph (1), the covered provider 
        shall--
                    ``(A) notify the survivor who submitted the request 
                of that infeasibility--
                            ``(i) at the time of the request; or
                            ``(ii) in the case of a survivor who has 
                        submitted the request using remote means, not 
                        later than 2 business days after receiving the 
                        request; and
                    ``(B) provide the survivor with information about 
                other alternatives to submitting a line separation 
                request, including starting a new line of service.
    ``(g) Liability Protection.--
            ``(1) In general.--A covered provider and any officer, 
        director, employee, vendor, or agent thereof shall not be 
        subject to liability for any claims deriving from an action 
        taken or omission made with respect to compliance with this 
        section and the rules adopted to implement this section.
            ``(2) Commission authority.--Nothing in this subsection 
        shall limit the authority of the Commission to enforce this 
        section or any rules or regulations promulgated by the 
        Commission pursuant to this section.''.

SEC. 5. RULEMAKING ON PROTECTIONS FOR SURVIVORS OF DOMESTIC VIOLENCE.

    (a) Definitions.--In this section--
            (1) the term ``Affordable Connectivity Program'' means the 
        program established under section 904(b) of division N of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260), as 
        amended by section 60502 of the Infrastructure Investment and 
        Jobs Act (Public Law 117-58), or any successor program;
            (2) the term ``appropriate congressional committees'' means 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives;
            (3) the term ``Commission'' means the Federal 
        Communications Commission;
            (4) the term ``covered hotline'' means a hotline related to 
        domestic violence, dating violence, sexual assault, stalking, 
        sex trafficking, severe forms of trafficking in persons, or any 
        other similar act;
            (5) the term ``designated program'' means the program 
        designated by the Commission under subsection (c)(3)(A)(i) to 
        provide emergency communications support to survivors;
            (6) the term ``Lifeline program'' means the program set 
        forth in subpart E of part 54 of title 47, Code of Federal 
        Regulations (or any successor regulation); and
            (7) the term ``text message'' has the meaning given the 
        term in section 227(e) of the Communications Act of 1934 (47 
        U.S.C. 227(e)).
    (b) Rulemakings.--
            (1) Line separations.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Commission shall 
                adopt rules to implement section 345 of the 
                Communications Act of 1934, as added by section 4 of 
                this Act.
                    (B) Considerations.--In adopting rules under 
                subparagraph (A), the Commission shall consider--
                            (i) privacy protections;
                            (ii) account security and fraud detection;
                            (iii) account billing procedures;
                            (iv) procedures for notification of 
                        survivors about line separation processes;
                            (v) notice to account holders;
                            (vi) situations in which a covered provider 
                        cannot operationally or technically separate a 
                        telephone number or numbers from a shared 
                        service plan such that the provider cannot 
                        effectuate a line separation request;
                            (vii) the requirements for remote 
                        submission of a line separation request, 
                        including how that option facilitates 
                        submission of verification information and 
                        meets the other requirements of section 345 of 
                        the Communications Act of 1934, as added by 
                        section 4 of this Act;
                            (viii) feasibility of remote options for 
                        small covered providers;
                            (ix) implementation timelines, including 
                        those for small covered providers;
                            (x) financial responsibility for 
                        transferred telephone numbers;
                            (xi) whether and how the survivor can 
                        affirmatively elect to take financial 
                        responsibility for the mobile device associated 
                        with the separated line;
                            (xii) compliance with subpart U of part 64 
                        of title 47, Code of Federal Regulations, or 
                        any successor regulations (relating to customer 
                        proprietary network information) or any other 
                        legal or law enforcement requirements; and
                            (xiii) ensuring covered providers have the 
                        necessary account information to comply with 
                        the rules and with section 345 of the 
                        Communications Act of 1934, as added by section 
                        4 of this Act.
            (2) Emergency communications support for survivors.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, or as part of a general 
                rulemaking proceeding relating to the Lifeline program 
                or the Affordable Connectivity Program, whichever 
                occurs earlier, the Commission shall adopt rules that--
                            (i) designate a single program, which shall 
                        be either the Lifeline program or the 
                        Affordable Connectivity Program, to provide 
                        emergency communications support to survivors 
                        in accordance with this paragraph; and
                            (ii) allow a survivor who is suffering from 
                        financial hardship and meets the requirements 
                        under section 345(c)(1) of the Communications 
                        Act of 1934, as added by section 4 of this Act, 
                        without regard to whether the survivor meets 
                        the otherwise applicable eligibility 
                        requirements of the designated program, to--
                                    (I) enroll in the designated 
                                program as quickly as is feasible; and
                                    (II) participate in the designated 
                                program based on such qualifications 
                                for not more than 6 months.
                    (B) Considerations.--In adopting rules under 
                subparagraph (A), the Commission shall consider--
                            (i) how survivors who are eligible for 
                        relief and elected to separate a line under 
                        section 345(c)(1) of the Communications Act of 
                        1934, as added by section 4 of this Act, but 
                        whose lines could not be separated due to 
                        operational or technical infeasibility, can 
                        participate in the designated program; and
                            (ii) confidentiality in the transfer and 
                        retention of any necessary documentation 
                        regarding the eligibility of a survivor to 
                        enroll in the designated program.
                    (C) Evaluation.--Not later than 2 years after 
                completing the rulemaking under subparagraph (A), the 
                Commission shall--
                            (i) evaluate the effectiveness of the 
                        Commission's provision of support to survivors 
                        through the designated program;
                            (ii) assess the detection and elimination 
                        of fraud, waste, and abuse with respect to the 
                        support described in clause (i); and
                            (iii) submit to the appropriate 
                        congressional committees a report that includes 
                        the evaluation and assessment described in 
                        clauses (i) and (ii), respectively.
                    (D) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit the ability of a 
                survivor who meets the requirements under section 
                345(c)(1) of the Communications Act of 1934, as added 
                by section 4 of this Act, to participate in the 
                designated program indefinitely if the survivor 
                otherwise qualifies for the designated program under 
                the rules of the designated program.
                    (E) Notification.--A provider of wireless 
                communications services that receives a line separation 
                request pursuant to section 345 of the Communications 
                Act of 1934, as added by section 4 of this Act, shall 
                inform the survivor who submitted the request of--
                            (i) the existence of the designated 
                        program;
                            (ii) who qualifies to participate in the 
                        designated program under the rules adopted 
                        under subparagraph (A) that are specially 
                        applicable to survivors; and
                            (iii) how to participate in the designated 
                        program under the rules described in clause 
                        (ii).
            (3) Hotline calls.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Commission shall 
                commence a rulemaking proceeding to consider whether 
                to, and how the Commission should--
                            (i) establish, and update on a monthly 
                        basis, a central database of covered hotlines 
                        to be used by providers of wireless 
                        communications services or wireline voice 
                        services; and
                            (ii) require providers of wireless 
                        communications services or wireline voice 
                        services to omit from consumer-facing logs of 
                        calls or text messages any records of calls or 
                        text messages to covered hotlines in the 
                        central database described in clause (i), while 
                        maintaining internal records of those calls and 
                        messages.
                    (B) Considerations.--The rulemaking conducted under 
                subparagraph (A) shall include consideration of--
                            (i) the ability of law enforcement agencies 
                        or survivors to access a log of calls or text 
                        messages in a criminal investigation or civil 
                        proceeding;
                            (ii) the ability of providers of wireless 
                        communication services or wireline voice 
                        services to--
                                    (I) identify logs that are 
                                consumer-facing; and
                                    (II) omit certain consumer-facing 
                                logs, while maintaining internal 
                                records of such calls and text 
                                messages; and
                            (iii) any other factors associated with the 
                        implementation of clauses (i) and (ii) to 
                        protect survivors of domestic violence, 
                        including factors that may impact smaller 
                        providers.
                    (C) No effect on law enforcement.--Nothing in 
                subparagraph (A) shall be construed to--
                            (i) limit or otherwise affect the ability 
                        of a law enforcement agency to access a log of 
                        calls or text messages in a criminal 
                        investigation; or
                            (ii) alter or otherwise expand provider 
                        requirements under the Communications 
                        Assistance for Law Enforcement Act (Public Law 
                        103-414; 108 Stat. 4279) or the amendments made 
                        by that Act.
                    (D) Compliance.--If the Commission establishes a 
                central database through the rulemaking under 
                subparagraph (A) and a covered provider updates its own 
                databases to match the central database not less 
                frequently than once every 30 days, no cause of action 
                shall lie or be maintained in any court against the 
                covered provider or its officers, employees, or agents 
                for claims deriving from omission from consumer-facing 
                logs of calls or text messages any records of calls or 
                text messages to covered hotlines in the central 
                database.

SEC. 6. EFFECTIVE DATE.

    The requirements under section 345 of the Communications Act of 
1934, as added by section 4 of this Act, shall take effect 60 days 
after the date on which the Federal Communications Commission adopts 
the rules implementing that section pursuant to section 5(b)(2) of this 
Act.

SEC. 7. SAVINGS CLAUSE.

     Nothing in this Act or the amendments made by this Act shall be 
construed to abrogate, limit, or otherwise affect the provisions set 
forth in the Communications Assistance for Law Enforcement Act (Public 
Law 103-414; 108 Stat. 4279) and the amendments made by that Act, any 
authority granted to the Commission pursuant to that Act or the 
amendments made by that Act, or any regulations promulgated by the 
Commission pursuant to that Act or the amendments made by that Act.

            Passed the Senate March 17, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                 S. 120

_______________________________________________________________________

                                 AN ACT

 To prevent and respond to the misuse of communications services that 
            facilitates domestic violence and other crimes.