[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.
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\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).
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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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