,,ii #aagth ,,congress #ast ,session ,s4 #abj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bh1 #bjba,mr4 ,schatz 7for himself1 ,mrs4 ,fischer1 ,mr4 ,scott of ,florida1 ,mr4 ,blumenthal1 and ,ms4 ,rosen7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes4 #a4 ,short title ,this ,act may be cited as the ,safe ,connections ,act of #bjba4 #b4 ,definitions ,except as otherwise provided in this ,act1 terms used in this ,act that are defined in section #cdd7;a7 of the ,communications ,act of #aicd1 as added by section #d of this ,act1 have the meanings given those terms in such section #cdd7;a74 #c4 ,findings ,congress finds the following3 7#a7 ,domestic violence1 dating violence1 stalking1 sexual assault1 human trafficking1 and related crimes are life-threatening issues and have lasting and harmful effects on individuals1 families1 and entire communities4 ,communications law can play a public interest role in the promotion of safety1 life1 and property in this regard4 7#b7 ,survivors often lack meaningful support and options when establishing independence from an abuser1 including barriers such as financial insecurity and limited access to reliable communications tools to maintain essential connections with family1 social safety networks1 employers1 and support services4 7#c7 ,perpetrators of violence and abuse described in paragraph 7#a7 increasingly use technological and communications tools to exercise control over1 monitor1 and abuse their victims4 ,independent access to a wireless phone plan can assist survivors in establishing security and autonomy4 7#d7 ,safeguards within communications services can serve a role in preventing abuse and narrowing the digital divide experienced by survivors4 #d4 ,protection of domestic violence survivors within communications services ,part ,i of title ,,iii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja et seq47 is amended by adding at the end the following3 #cdd4 ,protection of survivors of domestic violence1 human trafficking1 and related crimes 7a7 ,definitions ,in this section3 7#a7 ,abuser ,the term abuser means an individual who has committed a covered act against-- 7,a7 an individual who seeks relief under subsection 7b72 or 7,b7 an individual in the care of an individual who seeks relief under subsection 7b74 7#b7 ,covered act 7,a7 ,in general ,the term covered act means conduct that constitutes-- 7i7 a crime described in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a771 including domestic violence1 dating violence1 sexual assault1 stalking1 and sex trafficking2 7ii7 an act or practice described in paragraph 7#aa7 or 7#ab7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb7 7relating to severe forms of trafficking in persons and sex trafficking1 respectively72 or 7iii7 an act under ,state law1 ,tribal law1 or the ,uniform ,code of ,military ,justice that is similar to an offense described in clause 7i7 or 7ii74 7,b7 ,conviction not required ,nothing in subparagraph 7,a7 shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act4 7#c7 ,covered provider ,the term covered provider means a provider of a private mobile service or commercial mobile service1 as those terms are defined in section #ccb7;d74 7#d7 ,primary account holder ,the term primary account holder means an individual who is a party to a mobile service contract with a covered provider4 7#e7 ,survivor ,the term survivor means an individual who is not less than #ah years old and-- 7,a7 against whom a covered act has been committed2 or 7,b7 who cares for another individual against whom a covered act has been committed 7provided that the individual providing care did not commit the covered act74 7b7 ,separation of lines from shared mobile service contract 7#a7 ,in general ,not later than #dh hours after receiving a line separation request from a survivor under subsection 7c71 a covered provider shall1 as applicable1 with respect to a shared mobile service contract under which the survivor and the abuser each use a line-- 7,a7 separate the line of the survivor1 and the line of any individual in the care of the survivor1 from the shared mobile service contract2 or 7,b7 separate the line of the abuser from the shared mobile service contract4 7#b7 ,limitations on penalties1 fees1 and other requirements ,a covered provider may not make separation of a line from a shared mobile service contract under paragraph 7#a7 contingent on any requirement other than the requirements under subsection 7c71 including-- 7,a7 payment of a fee1 penalty1 or other charge2 7,b7 maintaining contractual or billing responsibility of a separated line with the provider2 7,c7 approval of separation by the primary account holder1 if the primary account holder is not the survivor2 7,d7 a prohibition or limitation1 including one described in subparagraph 7,a71 on number portability1 if such portability is technically feasible1 or a request to change phone numbers2 7,e7 a prohibition or limitation on the separation of lines as a result of arrears accrued by the account2 7,f7 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 lines2 or 7,g7 any other limitation or requirement not listed under subsection 7c74 7#c7 ,notice to survivor ,if a covered provider separates a line from a shared mobile service contract under paragraph 7#a7 and the primary account holder is not the survivor1 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 holder4 7c7 ,line separation request 7#a7 ,in general ,a survivor seeking relief under subsection 7b7 shall submit to the covered provider a line separation request that-- 7,a7 verifies that an individual who uses a line under the shared mobile service contract has committed a covered act against the survivor or an individual in the survivor's care1 by providing-- 7i7 a copy of a signed affidavit from a licensed medical or mental health care provider1 licensed military medical or mental health care provider1 licensed social worker1 licensed victim services provider1 or licensed military victim services provider1 or an employee of a court1 acting within the scope of that person's employment2 or 7ii7 a copy of a police report1 statements provided by police1 including military police1 to magistrates or judges1 charging documents1 protective or restraining orders1 military protective orders1 or any other official record that documents the covered act2 and 7,b7 requests relief under subparagraph 7,a7 or 7,b7 of subsection 7b77#a7 and identifies each line that should be separated4 7#b7 ,remote option ,a covered provider shall offer a survivor the ability to submit an opt-out request under paragraph 7#a7 through secure remote means that are easily navigable4 7#c7 ,enhanced protections under ,state law ,this subsection shall not affect any law or regulation of a ,state providing communications protections for survivors 7or any similar category of individuals7 that has less stringent requirements for providing evidence of a covered act 7or any similar category of conduct7 than this subsection4 7d7 ,confidential and secure treatment of personal information ,a covered provider shall treat any information submitted by a survivor under subsection 7c7 as confidential and securely dispose of the information not later than #ij days after receiving the information4 7e7 ,availability of information to consumers ,a covered provider shall make information about the options and process described in subsections 7b7 and 7c7 readily available to consumers-- 7#a7 on the website and any mobile application of the provider2 7#b7 in physical stores2 and 7#c7 in other forms of public-facing consumer communication4 7f7 ,liability protection ,a covered provider and any officer1 director1 employee1 vendor1 or agent thereof shall not be subject to liability for any claims deriving from an action taken or omission made with respect to compliance with subsection 7c74 4 #e4 ,rulemaking on protections for survivors of domestic violence 7a7 ,definitions ,in this section-- 7#a7 the term appropriate congressional committees means the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7#b7 the term ,commission means the ,federal ,communications ,commission2 7#c7 the term covered hotline means a hotline related to domestic violence1 dating violence1 sexual assault1 stalking1 sex trafficking1 severe forms of trafficking in persons1 or any other covered act2 and 7#d7 the term text message has the meaning given the term in section #bbg7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e774 7b7 ,rulemakings 7#a7 ,in general ,the ,commission1 after public notice and an opportunity for comment1 shall adopt rules under paragraphs 7#b7 and 7#c7 that create safeguards for survivors within communications services4 7#b7 ,hotline calls 7,a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall adopt rules that-- 7i7 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 hotlines1 while maintaining internal records of those calls and messages2 and 7ii7 establish1 and provide for updates on a quarterly basis of1 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 7i74 7,b7 ,no effect on law enforcement ,nothing in subparagraph 7,a7 shall be construed to limit or otherwise affect the ability of a law enforcement agency to access a log of calls or text messages in a criminal investigation4 7#c7 ,line separation 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall adopt rules that clarify the process by which a covered provider separates a line under section #cdd of the ,communications ,act of #aicd1 as added by section #d of this ,act4 7,b7 ,considerations ,the rules adopted under subparagraph 7,a7 shall include consideration of-- 7i7 privacy protections2 7ii7 account security2 7iii7 account billing procedures2 7iv7 liability2 7v7 procedures for notification of survivors about line separation processes2 7vi7 timelines2 7vii7 notice to account holders2 and 7viii7 situations in which a covered provider cannot operationally or technically effectuate a line separation request4 7#d7 ,lifeline program 7,a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 or as part of a general rulemaking proceeding relating to the ,lifeline program set forth in subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 whichever occurs earlier1 the ,commission shall adopt rules that allow a survivor who meets the requirements under section #cdd7;c77#a7 of the ,communications ,act of #aicd1 as added by section #d of this ,act1 without regard to whether the survivor meets the otherwise applicable eligibility requirements of the ,lifeline program1 to-- 7i7 enroll in the ,lifeline program as quickly as is feasible2 and 7ii7 participate in the ,lifeline program for not more than #f months4 7,b7 ,evaluation ,not later than #b years after completing the rulemaking under subparagraph 7,a71 the ,commission shall-- 7i7 evaluate the effectiveness of the ,commission's provision of support to survivors through the ,lifeline program2 7ii7 assess the detection and elimination of fraud1 waste1 and abuse with respect to the support described in clause 7i72 and 7iii7 submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses 7i7 and 7ii71 respectively4