[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7132 Enrolled Bill (ENR)]

        H.R.7132

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty-two


                                 An Act


 
  To preserve safe access to communications services for survivors of 
       domestic violence and other crimes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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 (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), 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 (b)(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. 227b(a)).
    (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 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, 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, 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 covered provider 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 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 
            (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 of 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)(1) 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 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.
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.
    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.