Safe Connections Act of 2022
PL 117-223 (H.R.7132), enacted 12/07/2022

[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.

                                  <all>