[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.''
____________________