§ 345. Protection of survivors of domestic violence, human trafficking, and related crimes

§ 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 12291(a)of title 34, including domestic violence, dating violence, sexual assault, stalking, and sex trafficking;

(ii) an act or practice described in paragraph (11) or (12) of section 7102 of title 22 (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) of this title.

(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 (7), 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 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 use of 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 In the case of a survivor seeking to separate a line from a shared mobile service contract, the 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) of this title, 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.

(June 19, 1934, ch. 652, title III, § 345, as added Pub. L. 117–223, § 4, Dec. 7, 2022, 136 Stat. 2280.)

Delayed Effective Date

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

Statutory Notes and Related Subsidiaries

Effective Date

Pub. 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(b)(1) of this Act [section 5(b)(1) of Pub. L. 117–223, set out below].”

Savings Clause

Pub. 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

Pub. 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