[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7132 Received in Senate (RDS)]
<DOC>
117th CONGRESS
2d Session
H. R. 7132
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Received
_______________________________________________________________________
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.
Passed the House of Representatives July 27, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.