[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 237 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 237

    To create the National Network Security Board as an independent 
     government agency, located within the Federal Communications 
    Commission, to promote telecommunications network security and 
reliability by conducting independent network outage investigations and 
          by formulating security improvement recommendations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 27 (legislative day, January 5), 1993

 Mr. Pressler introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To create the National Network Security Board as an independent 
     government agency, located within the Federal Communications 
    Commission, to promote telecommunications network security and 
reliability by conducting independent network outage investigations and 
          by formulating security improvement recommendations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Network Security Board Act 
of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) telecommunications networks constitute an essential 
        infrastructure for the Nation's economy and security;
            (2) in the past several years there have been a significant 
        number of severe network outages that each temporarily left 
        millions of United States telephone customers without telephone 
        service;
            (3) there has been no comprehensive study of the security 
        of the network or its vulnerability to disruptions caused by 
        technical failure, accident, or sabotage;
            (4) self-investigation of network outages is not adequate 
        for ensuring the security of our public switched network;
            (5) there is no official mechanism for investigating 
        network crashes and making recommendations for actions to 
        prevent future outages;
            (6) telecommunications network outages present a serious 
        public safety danger;
            (7) there is a need for an independent government agency, 
        located within the Federal Communications Commission, to 
        promote telecommunications security and reliability by 
        conducting independent network outage investigations and by 
        formulating security improvement recommendations;
            (8) the creation of the National Network Security Board 
        will provide vigorous investigation of network outages 
        involving telecommunication networks regulated by other 
        agencies of the Federal government;
            (9) the National Network Security Board shall demand 
        continual review, appraisal, and assessment of the operating 
        practices and regulations of all Federal agencies regulating 
        telecommunications networks; and
            (10) the National Network Security Board is likely to make 
        conclusions and recommendations that may be critical of or 
        adverse to Federal agencies regulating telecommunications 
        networks; for this reason it is necessary that the Board be 
        separate and independent from any other department, bureau, 
        commission, or agency of the United States.

SEC. 3. CREATION OF THE NATIONAL NETWORK SECURITY BOARD.

    (a) Organization.--(1) The National Network Security Board 
(hereafter referred to in this Act as the ``Board'') shall consist of 5 
members, including a Chairman. Members of the Board shall be appointed 
by the President, by and with the advice and consent of the Senate. No 
more than 3 members of the Board shall be of the same political party. 
At any given time, no less than 3 members of the Board shall be 
individuals who have been appointed on the basis of technical 
qualification, professional standing, and who have demonstrated 
knowledge in the fields of telecommunications network management, 
telecommunications network engineering, or communication common carrier 
regulation.
    (2) The terms of office of members of the Board shall be 5 years, 
except as otherwise provided in this paragraph. Any individual 
appointed to fill a vacancy occurring on the Board prior to the 
expiration of the term of office for which his predecessor was 
appointed shall be appointed for the remainder of that term. Upon the 
expiration of his term of office, a member shall continue to serve 
until his successor is appointed and shall have qualified. Any member 
of the Board may be removed by the President for inefficiency, neglect 
of duty, or malfeasance in office.
    (3) On or before January 1, 1994 (and thereafter as required), the 
President shall--
            (A) designate, by and with the advice and consent of the 
        Senate, an individual to serve as the Chairman of the Board; 
        and
            (B) an individual to serve as Vice Chairman.
    (4) The Chairman and Vice Chairman of the Board each shall serve 
for a term of 2 years. The Chairman shall be the chief executive and 
shall be responsible for the administrative functions of the Board with 
respect to the appointment and supervision of personnel of the Board; 
the distribution of business among such personnel and among any 
administrative units of the Board; and the use and expenditure of 
funds. The Vice Chairman shall act as Chairman in the event of the 
absence or incapacity of the Chairman or in case of a vacancy in the 
office of Chairman. The Chairman or acting chairman shall be governed 
by the general policies established by the Board, including any 
decisions, findings, determinations, rules, regulations, and formal 
resolutions.
    (5) Three members of the Board shall constitute a quorum for the 
transaction of any function of the Board.
    (6) The Board shall establish and maintain distinct and 
appropriately staffed bureaus, divisions, or offices to investigate and 
report on network outages involving each of the following networks: (A) 
long distance, and (B) local exchange.
    (b) General.--(1) The General Services Administration shall furnish 
the Board with such offices, equipment, supplies, and services as it is 
authorized to furnish to any other agency or instrumentality of the 
United States.
    (2) The Board shall have a seal which shall be judicially 
recognized.
    (3) Subject to the civil service and classification laws, the Board 
is authorized to select, appoint, employ, and fix the compensation of 
such officers and employees, including investigators, attorneys, and 
administrative law judges, as shall be necessary to carry out its 
powers and duties under this Act.

SEC. 4. GENERAL PROVISIONS.

    (a) Duties of Board.--The Board shall--
            (1) investigate or cause to be investigated (in such detail 
        as the Board shall prescribe), and determine the facts, 
        conditions, and circumstances and the cause or probable cause 
        or causes of any long distance network outage or local exchange 
        network outage. Any investigation of network outage conducted 
        by the Board shall have priority over all other investigations 
        of such network outage conducted by other Federal agencies. The 
        Board shall provide for the appropriate participation by other 
        Federal agencies in any such investigation, except that such 
        agencies may not participate in the Board's determination of 
        the probable cause of the network outage. Nothing in this 
        section shall be construed as impairing the authority of other 
        Federal agencies to conduct investigation of a network outage 
        under applicable provisions of law or to obtain information 
        directly from parties involved in, and witnesses to, the 
        network outage. The Board and other Federal agencies shall 
        assure that appropriate information obtained or developed in 
        the course of their investigations is exchanged in a timely 
        manner. The Board may request the Chairman of the Federal 
        Communications Commission to make investigations with regard to 
        such network outage and to report to the Board the facts, 
        conditions, and circumstances thereof (except in accidents 
        where misfeasance or nonfeasance by the Federal Government is 
        alleged), and the Chairman of the Commission or his delegates 
        are authorized to make such investigations. Thereafter, the 
        Board, utilizing such reports, shall make its determination of 
        cause or probable cause under this paragraph;
            (2) report in writing on the facts, conditions, and 
        circumstances of each network outage investigated pursuant to 
        paragraph (1) of this subsection and cause such reports to be 
        made available, upon request, to the public at reasonable cost;
            (3) issue periodic reports to the Congress, Federal, State, 
        and local agencies concerned with telecommunications network 
        security, and other interested persons recommending and 
        advocating meaningful responses to reduce the likelihood of 
        recurrence of network outages similar to those investigated by 
        the Board and proposing corrective steps;
            (4) initiate and conduct special studies and special 
        investigations on matters pertaining to telecommunications 
        network security and reliability; and
            (5) assess and reassess techniques and methods of network 
        outage investigation and prepare and publish from time to time 
        recommended procedures for network outage investigations.
    (b) Powers of Board.--(1) The Board, or upon the authority of the 
Board, any member thereof, any administrative law judge employed by or 
assigned to the Board, or any officer or employee duly designated by 
the Chairman of the Board, may, for the purpose of carrying out this 
Act, hold such hearings, sit and act at such times and places, 
administer such oaths, and require by subpoena or otherwise the 
attendance and testimony of such witnesses and the production of such 
evidence as the Board or such officer or employee deems advisable. 
Subpoenas shall be issued under the signature of the Chairman, or his 
delegate, and may be served by any person designated by the Chairman. 
Witnesses summoned to appear before the Board shall be paid the same 
fees and mileage that are paid witnesses in the United States courts. 
Such attendance of witnesses and production of evidence may be required 
from any place in the United States to any designated place of such 
hearing in the United States.
    (2) Any employee of the Board, upon presenting appropriate 
credentials and a written notice of inspection authority, is authorized 
to enter any property wherein a network outage has occurred and do all 
things therein necessary for a proper investigation, including 
examination or testing of any communications equipment or any part of 
any such item when such examination or testing is determined to be 
required for purposes of such investigation. Any examination or testing 
shall be conducted in such manner so as not to interfere with or 
obstruct unnecessarily the communication services provided by the owner 
or operator of such equipment, and shall be conducted in such a manner 
so as to preserve, to the maximum extent feasible, any evidence 
relating to the network outage, consistent with the needs of the 
investigation and with the cooperation of such owner or operator. The 
employee may inspect, at reasonable times, records, files, papers, 
processes, controls, and facilities relevant to the investigation of 
such network outage. Each inspection, examination, or test shall be 
commenced and completed with reasonable promptness and the results of 
such inspection, examination, or test made available as provided by the 
Board. The Board shall have sole authority to determine the manner in 
which testing will be carried out under this paragraph, including 
determining the persons who will conduct the test, the type of test 
which will be conducted, and the persons who will witness the test. 
Such determinations are committed to the discretion of the Board and 
shall be made on the basis of the needs of the investigation being 
conducted by the Board and, where applicable, the provisions of this 
paragraph.
    (3) In case of contumacy or refusal to obey a subpoena, an order, 
or an inspection notice of the Board, or of any duly designated 
employee thereof, by any person who resides, is found or transacts 
business within the jurisdiction of any United States district court, 
such district court shall, upon the request of the Board, have 
jurisdiction to issue to such person an order requiring such person to 
comply forthwith. Failure to obey such an order is punishable by such 
court as a contempt of court.
    (4) The Board is authorized to enter into, without regard to 
section 3709 of the Revised Statutes of the United States (41 U.S.C. 
5), such contracts, leases, cooperative agreements, or other 
transactions as may be necessary in the conduct of the functions and 
the duties of the Board under this Act, with any government entity or 
any person.
    (5) The Board is authorized, with the approval of the appropriate 
Federal agency, to--
            (A) use, on a reimbursable basis or otherwise, when 
        appropriate, available services, equipment, personnel, and 
        facilities of the Federal Communications Commission and of any 
        other Federal agencies;
            (B) with the approval of the appropriate governmental 
        agency of a State, or political subdivision thereof, confer 
        with employees and use available services, records, and 
        facilities of such governmental agency;
            (C) employ experts and consultants in accordance with 
        section 3109 of title 5 of the United States Code;
            (D) appoint 1 or more advisory committees composed of 
        qualified private citizens or officials of Federal, State, or 
        local governments as it deems necessary or appropriate, in 
        accordance with the Federal Advisory Committee Act;
            (E) accept voluntary and uncompensated services 
        notwithstanding any other provision of law;
            (F) accept gifts or donations of money or property (real, 
        personal, mixed, tangible, or intangible);
            (G) enter into contracts with public or private nonprofit 
        entities for the conduct of studies related to any of its 
        functions; and
            (H) require payment or other appropriate consideration from 
        Federal agencies, State, local, and foreign governments for the 
        reasonable cost of goods and services supplied by the Board and 
        to retain and use such funds received in carrying out the 
        functions of the Board.
    (6) Whenever the Board submits or transmits any budget estimate, 
budget request, supplemental budget estimate, or other budget 
information, legislative recommendation, prepared testimony for 
congressional hearings, or comment on legislation to the President or 
to the Office of Management and Budget, it shall concurrently transmit 
a copy thereof to the Congress. No officer or agency of the United 
States shall have any authority to require the Board to submit its 
budget requests or estimates, legislative recommendations, prepared 
testimony for congressional hearings, or comments on legislation to any 
officer or agency of the United States for approval, comments, or 
review, prior to the submission of such recommendations, testimony, or 
comments to the Congress.
    (7) The Board is authorized to designate representatives to serve 
or assist on such committees as the Chairman of the Board determines to 
be necessary or appropriate to maintain effective liaison with other 
Federal agencies, and, with their approval, with State and local 
government agencies, and with independent standard-setting bodies 
carrying out programs and activities related to telecommunications 
network security.
    (8) The Board, or an employee of the Board duly designated by the 
Chairman, may conduct an inquiry to secure data with respect to any 
matter pertinent to telecommunications network security upon 
publication of notice of such inquiry in the Federal Register; and may 
require, by special or general orders, Federal agencies and persons 
engaged in activities related to telecommunications network security, 
and in the case of an agency of a State or political subdivision 
thereof, to request such agency, to submit written reports and answers 
to such requests and questions as are propounded with respect to any 
matter pertinent to any function of the Board. Such reports and answers 
shall be submitted to the Board or to such employee within such 
reasonable period of time and in such form as the Board may determine. 
Copies thereof shall be made available for inspection by the public.
    (9) The Board may at any time utilize on a reimbursable basis the 
services of the Field Operations Bureau of the Federal Communications 
Commission or any successor organization. The Chairman of the Federal 
Communications Commission shall make available the services of such 
Bureau or successor organization--
            (A) to the Board for training of employees of the Board in 
        the performance of all of their authorized functions, and
            (B) to such other personnel of Federal, State, local, and 
        foreign governments and nongovernmental organizations as the 
        Board may from time to time designate, in consultation with the 
        Chairman of the Federal Communications Commission. Utilization 
        of such training at the Bureau or successor organization by 
        designated non-Federal telecommunications network security 
        personnel shall be at a reasonable fee to be established 
        periodically by the Board in consultation with the Chairman of 
        the Board. Such fee shall be paid directly to the Chairman for 
        the credit of the proper appropriation, subject to the 
        requirements of any annual appropriation, and shall be an 
        offset against any annual reimbursable agreement entered into 
        between the Board and the Chairman of the Federal 
        Communications Commission to cover all reasonable direct and 
        indirect costs incurred for all such training by the Chairman 
        in the administration and operation of the Bureau or successor 
        organization. The Board shall maintain an annual record of all 
        such offsets. In providing such training to Federal employees, 
        the Board shall be subject to chapter 41 of title 5 of the 
        United States Code (relating to training of employees).

SEC. 5. PUBLIC ACCESS TO INFORMATION.

    Copies of any communication, document, investigation, other report, 
or information received or sent by the Board, or any member or employee 
of the Board, shall be made available to the public upon request, and 
at reasonable cost. Nothing contained in this section shall be deemed 
to require the release of any information described by subsection (b) 
of section 552 of title 5, United States Code, or which is otherwise 
protected by law from disclosure to the public.

SEC. 6. RESPONSE TO BOARD RECOMMENDATIONS.

    (a) Chairman's Duty To Respond; Contents of Response; Publication; 
Public Availability of Copies.--
            (1) Whenever the Board submits a recommendation regarding 
        network outages to the Chairman of the Federal Communications 
        Commission, he shall respond to each such recommendation 
        formally and in writing not later than 90 days after receipt 
        thereof. The response to the Board by the Chairman shall 
        indicate his intention to--
                    (A) initiate and conduct procedures for adopting 
                such recommendation in full, pursuant to a proposed 
                timetable, a copy of which shall be included;
                    (B) initiate and conduct procedures for adopting 
                such recommendation in part, pursuant to a proposed 
                timetable, a copy of which shall be included. Such 
                response shall set forth in detail the reasons for the 
                refusal to proceed as to the remainder of such 
                recommendation; or
                    (C) refuse to initiate or conduct procedures for 
                adopting such recommendation. Such response shall set 
                forth in detail the reasons for such refusal.
            (2) The Board shall make copies of each such recommendation 
        and response thereto available, upon request, to the public at 
        reasonable cost.
    (b) Annual Report to Congress.--The Chairman shall submit a report 
to the Congress on January 1 of each year setting forth all the Board's 
recommendations to the Chairman during the preceding year regarding 
telecommunications network security and a copy of the Chairman's 
response to each such recommendation.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    For fiscal year 1994, and each of the next following 3 fiscal 
years, there are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act, but in no event to 
exceed $10,000,000 in any 1 fiscal year.

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