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

<DOC>





                                                       Calendar No. 193
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, Ms. Rosen, and Mrs. Capito) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           December 16, 2021

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Safe Connections Act of 
2021''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>     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).</DELETED>

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Safeguards within communications services can 
        serve a role in preventing abuse and narrowing the digital 
        divide experienced by survivors.</DELETED>

<DELETED>SEC. 4. PROTECTION OF DOMESTIC VIOLENCE SURVIVORS WITHIN 
              COMMUNICATIONS SERVICES.</DELETED>

<DELETED>     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:</DELETED>

<DELETED>``SECTION 344. PROTECTION OF SURVIVORS OF DOMESTIC VIOLENCE, 
              HUMAN TRAFFICKING, AND RELATED CRIMES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Abuser.--The term `abuser' means an 
        individual who has committed a covered act against--</DELETED>
                <DELETED>    ``(A) an individual who seeks relief under 
                subsection (b); or</DELETED>
                <DELETED>    ``(B) an individual in the care of an 
                individual who seeks relief under subsection 
                (b).</DELETED>
        <DELETED>    ``(2) Covered act.--</DELETED>
                <DELETED>    ``(A) In general.--The term `covered act' 
                means conduct that constitutes--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Survivor.--The term `survivor' means an 
        individual who is not less than 18 years old and--</DELETED>
                <DELETED>    ``(A) against whom a covered act has been 
                committed; or</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Separation of Lines From Shared Mobile Service 
Contract.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) separate the line of the abuser from 
                the shared mobile service contract.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) payment of a fee, penalty, or other 
                charge;</DELETED>
                <DELETED>    ``(B) maintaining contractual or billing 
                responsibility of a separated line with the 
                provider;</DELETED>
                <DELETED>    ``(C) approval of separation by the 
                primary account holder, if the primary account holder 
                is not the survivor;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(E) a prohibition or limitation on the 
                separation of lines as a result of arrears accrued by 
                the account;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(G) any other limitation or requirement 
                not listed under subsection (c).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Line Separation Request.--</DELETED>
        <DELETED>    ``(1) In general.--A survivor seeking relief under 
        subsection (b) shall submit to the covered provider a line 
        separation request that--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) requests relief under subparagraph 
                (A) or (B) of subsection (b)(1) and identifies each 
                line that should be separated.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) on the website and any mobile application of 
        the provider;</DELETED>
        <DELETED>    ``(2) in physical stores; and</DELETED>
        <DELETED>    ``(3) in other forms of public-facing consumer 
        communication.</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 5. RULEMAKING ON PROTECTIONS FOR SURVIVORS OF DOMESTIC 
              VIOLENCE.</DELETED>

<DELETED>    (a) Definitions.--In this section--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the term ``Commission'' means the Federal 
        Communications Commission;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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)).</DELETED>
<DELETED>    (b) Rulemakings.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Hotline calls.--</DELETED>
                <DELETED>    (A) In general.--Not later than 18 months 
                after the date of enactment of this Act, the Commission 
                shall adopt rules that--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Line separation.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Considerations.--The rules adopted 
                under subparagraph (A) shall include consideration of--
                </DELETED>
                        <DELETED>    (i) privacy protections;</DELETED>
                        <DELETED>    (ii) account security;</DELETED>
                        <DELETED>    (iii) account billing 
                        procedures;</DELETED>
                        <DELETED>    (iv) liability;</DELETED>
                        <DELETED>    (v) procedures for notification of 
                        survivors about line separation 
                        processes;</DELETED>
                        <DELETED>    (vi) timelines;</DELETED>
                        <DELETED>    (vii) notice to account holders; 
                        and</DELETED>
                        <DELETED>    (viii) situations in which a 
                        covered provider cannot operationally or 
                        technically effectuate a line separation 
                        request.</DELETED>
        <DELETED>    (4) Lifeline program.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) enroll in the Lifeline program 
                        as quickly as is feasible; and</DELETED>
                        <DELETED>    (ii) participate in the Lifeline 
                        program for not more than 6 months.</DELETED>
                <DELETED>    (B) Evaluation.--Not later than 2 years 
                after completing the rulemaking under subparagraph (A), 
                the Commission shall--</DELETED>
                        <DELETED>    (i) evaluate the effectiveness of 
                        the Commission's provision of support to 
                        survivors through the Lifeline 
                        program;</DELETED>
                        <DELETED>    (ii) assess the detection and 
                        elimination of fraud, waste, and abuse with 
                        respect to the support described in clause (i); 
                        and</DELETED>
                        <DELETED>    (iii) submit to the appropriate 
                        congressional committees a report that includes 
                        the evaluation and assessment described in 
                        clauses (i) and (ii), respectively.</DELETED>

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.
            (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. 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 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.--A covered provider may not make the 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) 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), the survivor 
        shall assume financial responsibility, including for monthly 
        service costs, for the transferred telephone number or numbers.
            ``(4) Responsibility for telephone numbers transferred to 
        another service provider.--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 for the telephone number or for any 
        mobile device associated with the telephone number.
            ``(5) 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 
                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, 
                        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;
                    ``(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--
                                    ``(I) includes an affidavit setting 
                                forth that the individual is in the 
                                care of the survivor; and
                                    ``(II) a statement that the 
                                individual 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) Remote option.--A covered provider shall offer a 
        survivor the ability to submit a line separation 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.--
Notwithstanding section 222(b), 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) 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 notify the individual who submitted the request of that 
        infeasibility as soon as is reasonably possible, and in any 
        event not later than 48 hours after receiving the request.
    ``(g) Liability Protection.--
            ``(1) In general.--A covered provider and any officer, 
        director, employee, vendor, or agent thereof shall not be 
        subject to liability to a survivor or any other person for any 
        claims deriving from an action taken or omission made with 
        respect to compliance with subsection (c).
            ``(2) Commission authority.--Nothing in this subsection 
        shall limit the authority of the Commission to prosecute 
        violations of 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 ``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 similar act;
            (4) 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
            (5) 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) Hotline calls.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Commission shall 
                commence a rulemaking to consider whether to--
                            (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) 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.
            (2) 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 344 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) liability;
                            (v) procedures for notification of 
                        survivors about line separation processes;
                            (vi) 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 344 of the 
                        Communications Act of 1934, as added by section 
                        4 of this Act;
                            (vii) implementation timelines, based on 
                        provider size and geographic reach;
                            (viii) notice to account holders;
                            (ix) 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;
                            (x) financial responsibility for 
                        transferred telephone numbers; and
                            (xi) whether and how the survivor can elect 
                        to take financial responsibility for the mobile 
                        device associated with the separated line.
            (3) 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 suffering from financial 
                hardship 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 
                        based on such qualifications 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.
                    (C) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit the ability of 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, to participate in the 
                Lifeline program indefinitely if the individual 
                otherwise qualifies for the Lifeline program under the 
                rules of the program.
                    (D) Notification.--A provider of wireless 
                communications services that receives a line separation 
                request pursuant to section 344 of the Communications 
                Act of 1934, as added by section 4 of this Act, shall 
                inform the individual who submitted the request of--
                            (i) the existence of the Lifeline program;
                            (ii) who qualifies to participate in the 
                        Lifeline program; and
                            (iii) how to participate in the Lifeline 
                        program.

SEC. 6. EFFECTIVE DATE.

    The requirements under section 344 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.
                                                       Calendar No. 193

117th CONGRESS

  1st Session

                                 S. 120

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 16, 2021

                       Reported with an amendment