[Congressional Record Volume 168, Number 48 (Thursday, March 17, 2022)]
[Senate]
[Pages S1257-S1259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5001. Ms. CORTEZ MASTO (for Mr. Schatz (for himself and Mrs. 
Fischer)) proposed an amendment to the bill S. 120, to prevent and 
respond to the misuse of communications services that facilitates 
domestic violence and other crimes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Safe Connections Act of 
     2022''.

     SEC. 2. DEFINITIONS.

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

     SEC. 3. FINDINGS.

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

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

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

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

       ``(a) Definitions.--In this section:
       ``(1) Abuser.--The term `abuser' means an individual who 
     has committed or allegedly committed a covered act against--
       ``(A) an individual who seeks relief under subsection (b); 
     or
       ``(B) an individual in the care of an individual who seeks 
     relief under subsection (b).
       ``(2) Covered act.--
       ``(A) In general.--The term `covered act' means conduct 
     that constitutes--
       ``(i) a crime described in section 40002(a) of the Violence 
     Against Women Act of 1994 (34 U.S.C. 12291(a)), including 
     domestic violence, dating violence, sexual assault, stalking, 
     and sex trafficking;
       ``(ii) an act or practice described in paragraph (11) or 
     (12) of section 103 of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7102) (relating to severe forms of 
     trafficking in persons and sex trafficking, respectively); or
       ``(iii) an act under State law, Tribal law, or the Uniform 
     Code of Military Justice that is similar to an offense 
     described in clause (i) or (ii).
       ``(B) Conviction not required.--Nothing in subparagraph (A) 
     shall be construed to require a criminal conviction or any 
     other determination of a court in order for conduct to 
     constitute a covered act.
       ``(3) Covered provider.--The term `covered provider' means 
     a provider of a private mobile service or commercial mobile 
     service, as those terms are defined in section 332(d).
       ``(4) Primary account holder.--The term `primary account 
     holder' means an individual who is a party to a mobile 
     service contract with a covered provider.
       ``(5) Shared mobile service contract.--The term `shared 
     mobile service contract'--
       ``(A) means a mobile service contract for an account that 
     includes not less than 2 consumers; and
       ``(B) does not include enterprise services offered by a 
     covered provider.
       ``(6) Survivor.--The term `survivor' means an individual 
     who is not less than 18 years old and--
       ``(A) against whom a covered act has been committed or 
     allegedly committed; or
       ``(B) who cares for another individual against whom a 
     covered act has been committed or allegedly committed 
     (provided that the individual providing care did not commit 
     or allegedly commit the covered act).
       ``(b) Separation of Lines From Shared Mobile Service 
     Contract.--
       ``(1) In general.--Not later than 2 business days after 
     receiving a completed line separation request from a survivor 
     pursuant to subsection (c), a covered provider shall, as 
     applicable, with respect to a shared mobile service contract 
     under which the survivor and the abuser each use a line --
       ``(A) separate the line of the survivor, and the line of 
     any individual in the care of the survivor, from the shared 
     mobile service contract; or
       ``(B) separate the line of the abuser from the shared 
     mobile service contract.
       ``(2) Limitations on penalties, fees, and other 
     requirements.--Except as provided in paragraphs (5) through 
     (8), a covered provider may not make separation of a line 
     from a shared mobile service contract under paragraph (1) 
     contingent on any requirement other than the requirements 
     under subsection (c), including--
       ``(A) payment of a fee, penalty, or other charge;
       ``(B) maintaining contractual or billing responsibility of 
     a separated line with the provider;
       ``(C) approval of separation by the primary account holder, 
     if the primary account holder is not the survivor;
       ``(D) a prohibition or limitation, including one described 
     in subparagraph (A), on number portability, provided such 
     portability is technically feasible, or a request to change 
     phone numbers;
       ``(E) a prohibition or limitation on the separation of 
     lines as a result of arrears accrued by the account;
       ``(F) an increase in the rate charged for the mobile 
     service plan of the primary account holder with respect to 
     service on any remaining line or lines; or
       ``(G) any other limitation or requirement not listed under 
     subsection (c).
       ``(3) Rule of construction.--Nothing in paragraph (2) shall 
     be construed to require a covered provider to provide a rate 
     plan for the primary account holder that is not otherwise 
     commercially available.
       ``(4) Remote option.--A covered provider shall offer a 
     survivor the ability to submit a line separation request 
     under subsection (c) through secure remote means that are 
     easily navigable, provided that remote options are

[[Page S1258]]

     commercially available and technically feasible.
       ``(5) Responsibility for transferred telephone numbers.--
     Notwithstanding paragraph (2), beginning on the date on which 
     a covered provider transfers billing responsibilities for and 
     rights to a telephone number or numbers to a survivor under 
     paragraph (1)(A) in response to a line separation request 
     submitted by the survivor under subsection (c), unless 
     ordered otherwise by a court, the survivor shall assume 
     financial responsibility, including for monthly service 
     costs, for the transferred telephone number or numbers.
       ``(6) Responsibility for transferred telephone numbers from 
     a survivor's account.--Notwithstanding paragraph (2), upon 
     the transfer of a telephone number under paragraph (1)(B) in 
     response to a line separation request submitted by a survivor 
     under subsection (c), the survivor shall have no further 
     financial responsibilities to the transferring covered 
     provider for the services provided by the transferring 
     covered provider for the telephone number or for any mobile 
     device associated with the telephone number.
       ``(7) Responsibility for mobile device.--Notwithstanding 
     paragraph (2), beginning on the date on which a covered 
     provider transfers billing responsibilities for and rights to 
     a telephone number or numbers to a survivor under paragraph 
     (1)(A) in response to a line separation request submitted by 
     the survivor under subsection (c), unless otherwise ordered 
     by a court, the survivor shall not assume financial 
     responsibility for any mobile device associated with the 
     separated line, unless the survivor purchased the mobile 
     device, or affirmatively elects to maintain possession of the 
     mobile device.
       ``(8) Notice to survivor.--If a covered provider separates 
     a line from a shared mobile service contract under paragraph 
     (1) and the primary account holder is not the survivor, the 
     covered provider shall notify the survivor of the date on 
     which the covered provider intends to give any formal notice 
     to the primary account holder.
       ``(c) Line Separation Request.--
       ``(1) In general.--A survivor shall submit to the covered 
     provider a line separation request that--
       ``(A) verifies that an individual who uses a line under the 
     shared mobile service contract has committed or allegedly 
     committed a covered act against the survivor or an individual 
     in the survivor's care, by providing--
       ``(i) a copy of a signed affidavit from a licensed medical 
     or mental health care provider, licensed military medical or 
     mental health care provider, licensed social worker, victim 
     services provider, or licensed military victim services 
     provider, or an employee of a court, acting within the scope 
     of that person's employment; or
       ``(ii) a copy of a police report, statements provided by 
     police, including military police, to magistrates or judges, 
     charging documents, protective or restraining orders, 
     military protective orders, or any other official record that 
     documents the covered act;
       ``(B) in the case of relief sought under subsection 
     (b)(1)(A), with respect to--
       ``(i) a line used by the survivor that the survivor seeks 
     to have separated, states that the survivor is the user of 
     that specific line; and
       ``(ii) a line used by an individual in the care of the 
     survivor that the survivor seeks to have separated, includes 
     an affidavit setting forth that the individual--

       ``(I) is in the care of the survivor; and
       ``(II) is the user of that specific line; and

       ``(C) requests relief under subparagraph (A) or (B) of 
     subsection (b)(1) and identifies each line that should be 
     separated.
       ``(2) Communications from covered providers.--
       ``(A) In general.--A covered provider shall notify a 
     survivor seeking relief under subsection (b) in clear and 
     accessible language that the covered provider may contact the 
     survivor, or designated representative of the survivor, to 
     confirm the line separation, or if the covered provider is 
     unable to complete the line separation for any reason, 
     pursuant to subparagraphs (B) and (C).
       ``(B) Remote means.--A covered provider shall notify a 
     survivor under subparagraph (A) through remote means, 
     provided that remote means are commercially available and 
     technically feasible.
       ``(C) Election of manner of contact.--When completing a 
     line separation request submitted by a survivor through 
     remote means under paragraph (1), a covered provider shall 
     allow the survivor to elect in the manner in which the 
     covered provider may--
       ``(i) contact the survivor, or designated representative of 
     the survivor, in response to the request, if necessary; or
       ``(ii) notify the survivor, or designated representative of 
     the survivor, of the inability of the covered provider to 
     complete the line separation.
       ``(3) Enhanced protections under state law.--This 
     subsection shall not affect any law or regulation of a State 
     providing communications protections for survivors (or any 
     similar category of individuals) that has less stringent 
     requirements for providing evidence of a covered act (or any 
     similar category of conduct) than this subsection.
       ``(d) Confidential and Secure Treatment of Personal 
     Information.--
       ``(1) In general.--Notwithstanding section 222(c)(2), a 
     covered provider and any officer, director, employee, vendor, 
     or agent thereof shall treat any information submitted by a 
     survivor under subsection (c) as confidential and securely 
     dispose of the information not later than 90 days after 
     receiving the information.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to prohibit a covered provider from maintaining, 
     for longer than the period specified in that paragraph, a 
     record that verifies that a survivor fulfilled the conditions 
     of a line separation request under subsection (c).
       ``(e) Availability of Information to Consumers.--A covered 
     provider shall make information about the options and process 
     described in subsections (b) and (c) readily available to 
     consumers--
       ``(1) on the website and the mobile application of the 
     provider;
       ``(2) in physical stores; and
       ``(3) in other forms of public-facing consumer 
     communication.
       ``(f) Technical Infeasibility.--
       ``(1) In general.--The requirement to effectuate a line 
     separation request pursuant to subsection (b)(1) shall not 
     apply to a covered provider if the covered provider cannot 
     operationally or technically effectuate the request.
       ``(2) Notification.--If a covered provider cannot 
     operationally or technically effectuate a line separation 
     request as described in paragraph (1), the covered provider 
     shall--
       ``(A) notify the survivor who submitted the request of that 
     infeasibility--
       ``(i) at the time of the request; or
       ``(ii) in the case of a survivor who has submitted the 
     request using remote means, not later than 2 business days 
     after receiving the request; and
       ``(B) provide the survivor with information about other 
     alternatives to submitting a line separation request, 
     including starting a new line of service.
       ``(g) Liability Protection.--
       ``(1) In general.--A covered provider and any officer, 
     director, employee, vendor, or agent thereof shall not be 
     subject to liability for any claims deriving from an action 
     taken or omission made with respect to compliance with this 
     section and the rules adopted to implement this section.
       ``(2) Commission authority.--Nothing in this subsection 
     shall limit the authority of the Commission to enforce this 
     section or any rules or regulations promulgated by the 
     Commission pursuant to this section.''.

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

       (a) Definitions.--In this section--
       (1) the term ``Affordable Connectivity Program'' means the 
     program established under section 904(b) of division N of the 
     Consolidated Appropriations Act, 2021 (Public Law 116-260), 
     as amended by section 60502 of the Infrastructure Investment 
     and Jobs Act (Public Law 117-58), or any successor program;
       (2) the term ``appropriate congressional committees'' means 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives;
       (3) the term ``Commission'' means the Federal 
     Communications Commission;
       (4) the term ``covered hotline'' means a hotline related to 
     domestic violence, dating violence, sexual assault, stalking, 
     sex trafficking, severe forms of trafficking in persons, or 
     any other similar act;
       (5) the term ``designated program'' means the program 
     designated by the Commission under subsection (c)(3)(A)(i) to 
     provide emergency communications support to survivors;
       (6) the term ``Lifeline program'' means the program set 
     forth in subpart E of part 54 of title 47, Code of Federal 
     Regulations (or any successor regulation); and
       (7) the term ``text message'' has the meaning given the 
     term in section 227(e) of the Communications Act of 1934 (47 
     U.S.C. 227(e)).
       (b) Rulemakings.--
       (1) Line separations.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Commission shall adopt rules to 
     implement section 345 of the Communications Act of 1934, as 
     added by section 4 of this Act.
       (B) Considerations.--In adopting rules under subparagraph 
     (A), the Commission shall consider--
       (i) privacy protections;
       (ii) account security and fraud detection;
       (iii) account billing procedures;
       (iv) procedures for notification of survivors about line 
     separation processes;
       (v) notice to account holders;
       (vi) situations in which a covered provider cannot 
     operationally or technically separate a telephone number or 
     numbers from a shared service plan such that the provider 
     cannot effectuate a line separation request;
       (vii) the requirements for remote submission of a line 
     separation request, including how that option facilitates 
     submission of verification information and meets the other 
     requirements of section 345 of the Communications Act of 
     1934, as added by section 4 of this Act;
       (viii) feasibility of remote options for small covered 
     providers;
       (ix) implementation timelines, including those for small 
     covered providers;
       (x) financial responsibility for transferred telephone 
     numbers;
       (xi) whether and how the survivor can affirmatively elect 
     to take financial responsibility for the mobile device 
     associated with the separated line;
       (xii) compliance with subpart U of part 64 of title 47, 
     Code of Federal Regulations, or

[[Page S1259]]

     any successor regulations (relating to customer proprietary 
     network information) or any other legal or law enforcement 
     requirements; and
       (xiii) ensuring covered providers have the necessary 
     account information to comply with the rules and with section 
     345 of the Communications Act of 1934, as added by section 4 
     of this Act.
       (2) Emergency communications support for survivors.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, or as part of a general rulemaking 
     proceeding relating to the Lifeline program or the Affordable 
     Connectivity Program, whichever occurs earlier, the 
     Commission shall adopt rules that--
       (i) designate a single program, which shall be either the 
     Lifeline program or the Affordable Connectivity Program, to 
     provide emergency communications support to survivors in 
     accordance with this paragraph; and
       (ii) allow a survivor who is suffering from financial 
     hardship and meets the requirements under section 345(c)(1) 
     of the Communications Act of 1934, as added by section 4 of 
     this Act, without regard to whether the survivor meets the 
     otherwise applicable eligibility requirements of the 
     designated program, to--

       (I) enroll in the designated program as quickly as is 
     feasible; and
       (II) participate in the designated program based on such 
     qualifications for not more than 6 months.

       (B) Considerations.--In adopting rules under subparagraph 
     (A), the Commission shall consider--
       (i) how survivors who are eligible for relief and elected 
     to separate a line under section 345(c)(1) of the 
     Communications Act of 1934, as added by section 4 of this 
     Act, but whose lines could not be separated due to 
     operational or technical infeasibility, can participate in 
     the designated program; and
       (ii) confidentiality in the transfer and retention of any 
     necessary documentation regarding the eligibility of a 
     survivor to enroll in the designated program.
       (C) Evaluation.--Not later than 2 years after completing 
     the rulemaking under subparagraph (A), the Commission shall--
       (i) evaluate the effectiveness of the Commission's 
     provision of support to survivors through the designated 
     program;
       (ii) assess the detection and elimination of fraud, waste, 
     and abuse with respect to the support described in clause 
     (i); and
       (iii) submit to the appropriate congressional committees a 
     report that includes the evaluation and assessment described 
     in clauses (i) and (ii), respectively.
       (D) Rule of construction.--Nothing in this paragraph shall 
     be construed to limit the ability of a survivor who meets the 
     requirements under section 345(c)(1) of the Communications 
     Act of 1934, as added by section 4 of this Act, to 
     participate in the designated program indefinitely if the 
     survivor otherwise qualifies for the designated program under 
     the rules of the designated program.
       (E) Notification.--A provider of wireless communications 
     services that receives a line separation request pursuant to 
     section 345 of the Communications Act of 1934, as added by 
     section 4 of this Act, shall inform the survivor who 
     submitted the request of--
       (i) the existence of the designated program;
       (ii) who qualifies to participate in the designated program 
     under the rules adopted under subparagraph (A) that are 
     specially applicable to survivors; and
       (iii) how to participate in the designated program under 
     the rules described in clause (ii).
       (3) Hotline calls.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall commence a 
     rulemaking proceeding to consider whether to, and how the 
     Commission should--
       (i) establish, and update on a monthly basis, a central 
     database of covered hotlines to be used by providers of 
     wireless communications services or wireline voice services; 
     and
       (ii) require providers of wireless communications services 
     or wireline voice services to omit from consumer-facing logs 
     of calls or text messages any records of calls or text 
     messages to covered hotlines in the central database 
     described in clause (i), while maintaining internal records 
     of those calls and messages.
       (B) Considerations.--The rulemaking conducted under 
     subparagraph (A) shall include consideration of--
       (i) the ability of law enforcement agencies or survivors to 
     access a log of calls or text messages in a criminal 
     investigation or civil proceeding;
       (ii) the ability of providers of wireless communication 
     services or wireline voice services to--

       (I) identify logs that are consumer-facing; and
       (II) omit certain consumer-facing logs, while maintaining 
     internal records of such calls and text messages; and

       (iii) any other factors associated with the implementation 
     of clauses (i) and (ii) to protect survivors of domestic 
     violence, including factors that may impact smaller 
     providers.
       (C) No effect on law enforcement.--Nothing in subparagraph 
     (A) shall be construed to--
       (i) limit or otherwise affect the ability of a law 
     enforcement agency to access a log of calls or text messages 
     in a criminal investigation; or
       (ii) alter or otherwise expand provider requirements under 
     the Communications Assistance for Law Enforcement Act (Public 
     Law 103-414; 108 Stat. 4279) or the amendments made by that 
     Act.
       (D) Compliance.--If the Commission establishes a central 
     database through the rulemaking under subparagraph (A) and a 
     covered provider updates its own databases to match the 
     central database not less frequently than once every 30 days, 
     no cause of action shall lie or be maintained in any court 
     against the covered provider or its officers, employees, or 
     agents for claims deriving from omission from consumer-facing 
     logs of calls or text messages any records of calls or text 
     messages to covered hotlines in the central database.

     SEC. 6. EFFECTIVE DATE.

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

     SEC. 7. SAVINGS CLAUSE.

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

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