47 USC 345 - Protection of survivors of domestic violence, human trafficking, and related crimes

Delayed Effective Date

For delayed effective date of section, see Effective Date note below.

Statutory Notes and Related Subsidiaries

Effective Date

Puspan. L. 117–223, § 6, Dec. 7, 2022, 136 Stat. 2288, provided that: “The requirements under section 345 of the Communications Act of 1934 [47 U.S.C. 345], 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(span)(1) of this Act [section 5(span)(1) of Puspan. L. 117–223, set out below].”

Savings Clause

Puspan. L. 117–223, § 7, Dec. 7, 2022, 136 Stat. 2288, provided that: “Nothing in this Act [enacting this section and provisions set out as notes under this section] 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 ([title I of] Public Law 103–414; 108 Stat. 4279) [47 U.S.C. 1001 et seq.] and the amendments made by that Act, any authority granted to the Federal Communications Commission pursuant to that Act or the amendments made by that Act, or any regulations promulgated by the Federal Communications Commission pursuant to that Act or the amendments made by that Act.”

Findings

Puspan. L. 117–223, § 3, Dec. 7, 2022, 136 Stat. 2280, provided that: “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.”

Rulemaking on Protections for Survivors of Domestic Violence

Puspan. L. 117–223, § 5, Dec. 7, 2022, 136 Stat. 2285, provided that:

“(a)Definitions.—In this section—

“(1) the term ‘Affordable Connectivity Program’ means the program established under section 904(span) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [47 U.S.C. 1752(span)], 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 (span)(2)(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);

“(7) the term ‘text message’ has the meaning given the term in section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)); and

“(8) the term ‘voice service’ has the meaning given such term in section 4(a) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (47 U.S.C. 227span(a)).

“(span)Rulemakings.—

“(1)Line separations.—

“(A)In general.—Not later than 18 months after the date of enactment of this Act [Dec. 7, 2022], the Commission shall adopt rules to implement section 345 of the Communications Act of 1934 [47 U.S.C. 345], 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 primary account holders;

“(vi) situations in which a covered provider cannot operationally or technically separate a telephone number or numbers from a shared mobile service contract 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 [47 U.S.C. 345], 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 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 [47 U.S.C. 345(c)(1)], 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 [47 U.S.C. 345(c)(1)], 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 covered provider that receives a line separation request pursuant to section 345 of the Communications Act of 1934 [47 U.S.C. 345], 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 a covered provider or a wireline provider of voice service; and

“(ii) require a covered provider or a wireline provider of voice service 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 a covered provider or a wireline provider of voice service 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, 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 ([title I of] Public Law 103–414; 108 Stat. 4279) [47 U.S.C. 1001 et seq.] 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 of any records of calls or text messages to covered hotlines in the central database.”

Definitions

Puspan. L. 117–223, § 2, Dec. 7, 2022, 136 Stat. 2280, provided that: “Except as otherwise provided in this Act [enacting this section and provisions set out as notes under this section], terms used in this Act that are defined in section 345(a) of the Communications Act of 1934 [47 U.S.C. 345(a)], as added by section 4 of this Act, have the meanings given those terms in such section 345(a).”