[House Report 117-438]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {    117-438

======================================================================

 
                      SAFE CONNECTIONS ACT OF 2022

                                _______
                                

 July 26, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 7132]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 7132) to preserve safe access to communications 
services for survivors of domestic violence and other crimes, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................7
 II. Background and Need for the Legislation..........................8
III. Committee Hearings...............................................8
 IV. Committee Consideration..........................................8
  V. Committee Votes..................................................9
 VI. Oversight Findings..............................................12
VII. New Budget Authority, Entitlement Authority, and Tax Expenditure12
VIII.Federal Mandates Statement......................................12

 IX. Statement of General Performance Goals and Objectives...........12
  X. Duplication of Federal Programs.................................12
 XI. Committee Cost Estimate.........................................12
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....12
XIII.Advisory Committee Statement....................................13

XIV. Applicability to Legislative Branch.............................13
 XV. Section-by-Section Analysis of the Legislation..................13
XVI. Changes in Existing Law Made by the Bill, as Reported...........14

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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.

                         I. Purpose and Summary

    H.R. 7132, the ``Safe Connections Act of 2022,'' addresses 
digital abuse that can happen when an abuser shares a mobile 
phone service contract with their victim, giving the abuser 
access to sensitive information about the victim, including the 
phone numbers they use to communicate with and in some cases, 
their location. The legislation amends the Communications Act 
of 1934 (Communications Act) by requiring mobile service 
providers, after receiving a line separation request from a 
survivor of domestic violence, human trafficking, or other 
related crimes for a mobile service contract shared with an 
abuser, to 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 separate the line of the abuser from 
the shared mobile service contract. The legislation also 
directs the Federal Communications Commission (FCC) to issue 
rules, within 18 months of the Act's enactment, implementing 
line separation requests from survivors of domestic violence, 
human trafficking, and other related crimes and to establish 
emergency communications support for these survivors suffering 
financial hardship for up to six months.

                II. Background and Need for Legislation

    One of the most important items a survivor of domestic 
violence, human trafficking, or other related crimes has when 
leaving an abusive relationship is their cell phone. It allows 
them to stay connected with family and friends and provides 
access to outside help and support networks. However, mobile 
family plans and other shared plans can also create 
vulnerabilities for survivors as these types of shared service 
plans can provide an opportunity for an abuser that is part of 
that plan to engage in other forms of abuse. Specifically, 
digital abuse, also known as technology-enabled coercive 
control, which is defined by the National Domestic Violence 
Hotline as ``the use of technology and the Internet to bully, 
harass, stalk, intimidate, or control a partner.''\1\ In a 2014 
survey, 97 percent of survivor service providers indicated that 
the survivors seeking their services were being harassed, 
monitored, and threatened by perpetrators misusing 
technology.\2\ More recent studies have indicated that 60 to 63 
percent of woman have experienced technology-based abuse by an 
intimate partner.\3\ Providing survivors of domestic violence, 
human trafficking, and other related crimes with the ability to 
more easily separate from a shared mobile service contract they 
share with their abuser, as required by H.R. 7132, will help 
protect these survivors from further abuse and will ensure they 
can continue to have reliable connectivity.
---------------------------------------------------------------------------
    \1\National Domestic Violence Hotline, Types of Abuse 
(www.thehotline.org/resources/types-of-abuse/) (accessed July 14, 
2022).
    \2\National Network to End Domestic Violence, A Glimpse From the 
Field: How Abusers Are Misusing Technology (static1.squarespace.com/
static/51dc541ce4b03ebab8c5c88c/t/54e3d1b6e4b08500fcb455a0/
1424216502058/NNEDV_Glimpse+From+the+Field+-+2014.pdf) (accessed July 
14, 2022).
    \3\Domestic Abusers Can Control Your Devices. Here's How to Fight 
Back., New York Times (Apr. 6, 2020) (www.nytimes.com/2020/04/06/
smarter-living/wirecutter/domestic-abusers-can-control-your-devices-
heres-how-to-fight-back.html).
---------------------------------------------------------------------------

                        III. Committee Hearings

    For the purposes of section 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearings were 
used to develop or consider H.R. 7132:
    The Subcommittee on Communications and Technology held a 
hearing on May 24, 2022. The hearing was entitled, 
``Strengthening Our Communications Networks: Legislation to 
Connect and Protect.'' The Subcommittee received testimony from 
the following witnesses:
           Mark Gibson, Director, Business Development 
        & Spectrum Policy, CommScope and Regulatory Officer of 
        the OnGo Alliance;
           Anna M. Gomez, Partner, Wiley Rein LLP;
           Thomas E. Kadri, Ph.D., Assistant Professor, 
        University of Georgia School of Law; and
           Alisa Valentin, Ph.D., Senior Director of 
        Technology and Telecommunications, National Urban 
        League.

                      IV. Committee Consideration

    H.R. 7132, the ``Safe Connections Act of 2022,'' was 
introduced on March 17, 2022, by Representative Ann M. Kuster 
(D-NH) and Representative Anna G. Eshoo (D-CA) and was referred 
to the Committee on Energy and Commerce. Subsequently, on March 
18, 2022, the bill was referred to the Subcommittee on 
Communications and Technology. A legislative hearing was held 
on May 24, 2022.
    On June 15, 2022, the Subcommittee on Communications and 
Technology met in open markup session, pursuant to notice, to 
consider H.R. 7132 and five other bills. During consideration 
of the bill, an amendment in the nature of a substitute (AINS), 
offered by Representative Walberg (R-MI), was agreed to by a 
voice vote. Upon conclusion of consideration of the bill, the 
Subcommittee on Communications and Technology agreed to report 
the bill favorably to the full Committee, amended, by a roll 
call vote of 29 yeas to 0 nays.
    On July 13, 2022, the full Committee met in open markup 
session, pursuant to notice, to consider H.R. 7132 and four 
other bills. No amendments were offered during consideration of 
the bill. Upon conclusion of consideration of the bill, the 
full Committee agreed to a motion on final passage offered by 
Representative Pallone, Chairman of the Committee, to order 
H.R. 7132 reported favorably to the House, amended, by a roll 
call vote of 53 yeas to 0 nays.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were two record votes taken on 
H.R. 7132, including a motion by Mr. Pallone ordering H.R. 7132 
favorably reported to the House, as amended by the Subcommittee 
on Communications and Technology. The motion on final passage 
of the bill was approved by a record vote of 53 yeas to 0 nays. 
The following are the record votes taken during Committee 
consideration, including the names of those members voting for 
and against:


	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

         VII. New Budget Authority, Entitlement Authority, and
                            Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to amend 
the Communications Act by requiring mobile service providers, 
not later than two days after receiving a line separation 
request from a survivor of domestic violence, human 
trafficking, or other related crime, to complete the line 
separation request for a shared mobile service contract that 
the survivor shares with an abuser.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 7132 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

            XII. Earmarks, Limited Tax Benefits, and Limited
                            Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 7132 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Safe Connections Act of 2022.''

Sec. 2. Definitions

    Section 2 addresses how terms used in the bill are defined.

Sec. 3. Findings

    Section 3 finds, among other things, that survivors of 
domestic violence, dating violence, stalking, sexual assault, 
human trafficking, and other related crimes often lack 
meaningful support and options when establishing independence 
from an abuser, including limited access to reliable 
communications tools to maintain essential connections with 
family, social safety networks, employers, and support 
services. This section also finds that perpetrators of violence 
and abuse increasingly use technological and communications 
tools to exercise control over, monitor, and abuse their 
victims and that communications law can play a public interest 
role in the promotion of safety, life, and property with 
respect to this type of violence and abuse.

Sec. 4. Protection of domestic violence survivors within communications 
        services

    Section 4 amends the Communications Act by requiring mobile 
service providers to separate the line of the survivor from a 
shared mobile service contract with the abuser after receiving 
a line separation request from a survivor of domestic violence, 
dating violence, stalking, sexual assault, human trafficking, 
and other related crimes. Section 4 also requires a survivor 
seeking to separate a line from a shared mobile service 
contract to provide certain verification information, but 
mandates that such information should be treated confidentially 
and be disposed of within 90 days. Section 4 further requires 
mobile service providers to make such information about line 
separation requests available on their website, physical 
stores, and other forms of public-facing consumer 
communication.

Sec. 5. Rulemaking on protections for survivors of domestic violence

    Section 5 requires the FCC, within 18 months of the Act's 
enactment, to issue rules on how carriers should implement line 
separation requests from domestic violence, dating violence, 
stalking, sexual assault, human trafficking, and other related 
crimes and to establish emergency communications support for 
these survivors. Section 5 also requires the FCC to begin a 
rulemaking not later than 180 days after the Act's enactment to 
consider whether and how to establish a central database of 
hotlines related to domestic violence, dating violence, 
stalking, sexual assault, human trafficking, and other related 
crimes that could be updated monthly and used by a mobile 
service provider or a wireline provider of voice service to 
omit the records of calls or text messages to such hotlines 
from consumer-facing logs of calls or text messages.

Sec. 6. Effective date

    Section 6 mandates that the requirements under section 345 
of the Communications Act, as added by section 4, will take 
effect 60 days after the date on which the FCC issues rules as 
required by section 5.

Sec. 7. Savings clause

    Section 7 states that nothing in this Act or the amendments 
made by the Act should be construed as abrogating, limiting, or 
otherwise affecting the provisions set forth in the 
Communications Assistance for Law Enforcement Act (Public Law 
103-414; 108 Stat. 4279).

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                       COMMUNICATIONS ACT OF 1934




           *       *       *       *       *       *       *
            TITLE III--SPECIAL PROVISIONS RELATING TO RADIO

PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


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.

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