[117th Congress Public Law 223]
[From the U.S. Government Publishing Office]
[[Page 2279]]
SAFE CONNECTIONS ACT OF 2022
[[Page 136 STAT. 2280]]
Public Law 117-223
117th Congress
An Act
To preserve safe access to communications services for survivors of
domestic violence and other crimes, and for other purposes. <<NOTE: Dec.
7, 2022 - [H.R. 7132]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Safe Connections
Act of 2022. 47 USC 609 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Connections Act of 2022''.
SEC. 2. <<NOTE: 47 USC 345 note.>> 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. <<NOTE: 47 USC 345 note.>> 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. <<NOTE: 47 USC 345.>> PROTECTION OF SURVIVORS OF
DOMESTIC VIOLENCE, HUMAN TRAFFICKING, AND
RELATED CRIMES.
``(a) Definitions.--In this section:
[[Page 136 STAT. 2281]]
``(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) <<NOTE: Deadline.>> 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.
[[Page 136 STAT. 2282]]
``(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), <<NOTE: Effective date.>>
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) <<NOTE: Effective date.>> 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
[[Page 136 STAT. 2283]]
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) <<NOTE: Verification. Records.>> 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) <<NOTE: Notifications.>> 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
[[Page 136 STAT. 2284]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Web posting. Mobile app.>> 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) <<NOTE: Deadline.>> 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
[[Page 136 STAT. 2285]]
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. <<NOTE: 47 USC 345 note.>> 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) <<NOTE: Deadlines.>> 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;
[[Page 136 STAT. 2286]]
(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) <<NOTE: Time period.>>
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
[[Page 136 STAT. 2287]]
(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) <<NOTE: Assessment.>> assess the
detection and elimination of fraud, waste, and
abuse with respect to the support described in
clause (i); and
(iii) <<NOTE: Reports.>> 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
[[Page 136 STAT. 2288]]
(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. <<NOTE: 47 USC 345 note.>> 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. <<NOTE: 47 USC 345 note.>> 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
[[Page 136 STAT. 2289]]
Congressional Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Approved December 7, 2022.
LEGISLATIVE HISTORY--H.R. 7132 (S. 120):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 117-438 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 168 (2022):
July 26, considered in House.
July 27, prior proceedings vacated; considered and passed
House.
Nov. 17, considered and passed Senate.
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