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

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117th CONGRESS
  1st Session
                                 S. 120

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

   Mr. Schatz (for himself, Mrs. Fischer, Mr. Scott of Florida, Mr. 
  Blumenthal, and Ms. Rosen) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
 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 2021''.

SEC. 2. DEFINITIONS.

     Except as otherwise provided in this Act, terms used in this Act 
that are defined in section 344(a) of the Communications Act of 1934, 
as added by section 4 of this Act, have the meanings given those terms 
in such section 344(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. Communications 
        law can play a public interest role in the promotion of safety, 
        life, and property in this regard.
            (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. Independent access to a wireless phone plan can assist 
        survivors in establishing security and autonomy.
            (4) Safeguards within communications services can serve a 
        role in preventing abuse and narrowing the digital divide 
        experienced by survivors.

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:

``SECTION 344. 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 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) 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
                    ``(B) who cares for another individual against whom 
                a covered act has been committed (provided that the 
                individual providing care did not commit the covered 
                act).
    ``(b) Separation of Lines From Shared Mobile Service Contract.--
            ``(1) In general.--Not later than 48 hours after receiving 
        a line separation request from a survivor under 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.--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, 
                if 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) 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 seeking relief under 
        subsection (b) 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 
                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, 
                        licensed 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; and
                    ``(B) requests relief under subparagraph (A) or (B) 
                of subsection (b)(1) and identifies each line that 
                should be separated.
            ``(2) Remote option.--A covered provider shall offer a 
        survivor the ability to submit an opt-out request under 
        paragraph (1) through secure remote means that are easily 
        navigable.
            ``(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.--A 
covered provider 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.
    ``(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 any mobile application of the 
        provider;
            ``(2) in physical stores; and
            ``(3) in other forms of public-facing consumer 
        communication.
    ``(f) Liability Protection.--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 subsection (c).''.

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

    (a) Definitions.--In this section--
            (1) 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;
            (2) the term ``Commission'' means the Federal 
        Communications Commission;
            (3) 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 covered act; and
            (4) 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) In general.--The Commission, after public notice and an 
        opportunity for comment, shall adopt rules under paragraphs (2) 
        and (3) that create safeguards for survivors within 
        communications services.
            (2) Hotline calls.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Commission shall 
                adopt rules that--
                            (i) 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, while 
                        maintaining internal records of those calls and 
                        messages; and
                            (ii) establish, and provide for updates on 
                        a quarterly basis of, a central database of 
                        covered hotlines to be used by providers of 
                        wireless communications services or wireline 
                        voice services in complying with the rule 
                        described in clause (i).
                    (B) No effect on law enforcement.--Nothing in 
                subparagraph (A) shall be construed to limit or 
                otherwise affect the ability of a law enforcement 
                agency to access a log of calls or text messages in a 
                criminal investigation.
            (3) Line separation.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Commission shall 
                adopt rules that clarify the process by which a covered 
                provider separates a line under section 344 of the 
                Communications Act of 1934, as added by section 4 of 
                this Act.
                    (B) Considerations.--The rules adopted under 
                subparagraph (A) shall include consideration of--
                            (i) privacy protections;
                            (ii) account security;
                            (iii) account billing procedures;
                            (iv) liability;
                            (v) procedures for notification of 
                        survivors about line separation processes;
                            (vi) timelines;
                            (vii) notice to account holders; and
                            (viii) situations in which a covered 
                        provider cannot operationally or technically 
                        effectuate a line separation request.
            (4) Lifeline program.--
                    (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 
                set forth in subpart E of part 54 of title 47, Code of 
                Federal Regulations (or any successor regulation), 
                whichever occurs earlier, the Commission shall adopt 
                rules that allow a survivor who meets the requirements 
                under section 344(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 Lifeline program, to--
                            (i) enroll in the Lifeline program as 
                        quickly as is feasible; and
                            (ii) participate in the Lifeline program 
                        for not more than 6 months.
                    (B) 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 Lifeline 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.
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