[Congressional Record Volume 168, Number 48 (Thursday, March 17, 2022)]
[Senate]
[Pages S1246-S1248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      SAFE CONNECTIONS ACT OF 2021

  Ms. CORTEZ MASTO. I ask unanimous consent that the Senate proceed to 
the immediate consideration of Calendar No. 193, S. 120.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 120) to prevent and respond to the misuse of 
     communications services that facilitates domestic violence 
     and other crimes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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

[[Page S1247]]

     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.

[[Page S1248]]

       (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.

  Ms. CORTEZ MASTO. I further ask unanimous consent that the committee-
reported substitute be withdrawn; that the substitute amendment at the 
desk be considered and agreed to; and that the bill, as amended, be 
considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment, in the nature of a substitute, was 
withdrawn.
  The amendment (No. 5001), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Ms. CORTEZ MASTO. I know of no further debate on the bill.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The bill (S. 120), as amended, was passed.
  Ms. CORTEZ MASTO. I ask unanimous consent that the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.


  Recognizing the Contributions of Americorps Members and Alumni and 
                     Americorps Seniors Volunteers

  Ms. CORTEZ MASTO. I ask unanimous consent that the Senate proceed to 
the consideration of S. Res. 551, submitted earlier today.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the resolution by title.
  The senior assistant legislative clerk read as follows:

       A resolution (S. Res. 551) recognizing the contributions of 
     AmeriCorps members and alumni and AmeriCorps Seniors 
     volunteers to the lives of the people of the United States.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Ms. CORTEZ MASTO. I know of no further debate on the resolution.
  The PRESIDING OFFICER. The question is on adoption of the resolution.
  The resolution (S. Res. 551) was agreed to.
  Ms. CORTEZ MASTO. I ask unanimous consent that the preamble be agreed 
to and that the motions to reconsider be considered made and laid upon 
the table with no intervening action or debate.


 =========================== NOTE =========================== 

  
  On page S1248, March 17, 2022, second column, the following 
appears: Ms. CORTEZ MASTO. I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, and the 
motions to reconsider be considered made and laid upon the table 
with no intervening action or debate. The PRESIDING OFFICER. 
Without objection, it is so ordered. The resolution (S. Res. 551) 
was agreed to.
  
  The online Record has been corrected to read: Ms. CORTEZ MASTO. 
I know of no further debate on the resolution. The PRESIDING 
OFFICER. The question is on adoption of the resolution. The 
resolution (S. Res. 551) was agreed to. Ms. CORTEZ MASTO. I ask 
unanimous consent that the preamble be agreed to and that the 
motions to reconsider be considered made and laid upon the table 
with no intervening action or debate.


 ========================= END NOTE ========================= 

  The preamble was agreed to.
  (The resolution, with its preamble, is printed in today's Record 
under ``Submitted Resolutions.''

                          ____________________