[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.