[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
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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.
____________________