[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2997 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2997

To direct the Federal Communications Commission to commence proceedings 
   related to the resiliency of critical telecommunications networks 
           during times of emergency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2016

Ms. Cantwell (for herself, Mr. Booker, and Mr. Schumer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To direct the Federal Communications Commission to commence proceedings 
   related to the resiliency of critical telecommunications networks 
           during times of emergency, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This section may be cited as the ``Securing Access to Networks in 
Disasters Act of 2016''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Severe weather and emergencies can have devastating 
        effects on communities large and small, including rural areas 
        and urban centers.
            (2) 10,649 deaths were attributed to weather related causes 
        during 2006 to 2010.
            (3) According to the third national climate assessment, 
        completed in 2014, microclimate weather models predict 
        increased temperatures, and less frequent but more intense 
        storm events.
            (4) In 2015, there were 9,407,571 acres burned in wildfires 
        and the United States Fire Administration spent $1,700,000,000 
        on wildfire suppression and $2,600,000,000 on all wildfire 
        related budget costs in 2015. Wildfire potential is expected to 
        remain static or increase over the coming fire seasons.
            (5) During times of emergencies such as a natural disaster, 
        severe storm, or act of terrorism, communications networks 
        serve as a vital tool for individuals, 9-1-1 centers, and first 
        responders.
            (6) During times of emergency, it is critical that 
        consumers be able to access cell phone networks, including to 
        contact 9-1-1, even in the event that damage or outage has 
        occurred on their own home network.
            (7) Consumer wireless devices are becoming increasingly 
        important to the safety and security of the public during 
        emergencies, whether to contact 9-1-1, receive emergency 
        alerts, communicate with loved ones, or receive vital 
        information like shelter locations using mobile applications 
        and social media platforms.
            (8) In April 2016, major cell phone carriers announced a 
        Wireless Network Resiliency Cooperative Framework (referred to 
        in this subsection as the ``Framework'') that outlines 
        reasonable arrangements between the networks for cell phone 
        roaming during disasters, fosters mutual aid during 
        emergencies, and aids in consumer readiness during times of 
        emergency.
            (9) Voluntary agreements similar to the Framework can 
        provide benefits to consumers by offering increased flexibility 
        for carriers to adjust their efforts as technology and the 
        emergency response ecosystem evolves.
            (10) Although the initial Framework reflects agreement 
        among the 5 largest carriers in the Nation, the agreement could 
        potentially be expanded to include, or serve as a model for, 
        other carriers especially those in underserved or rural areas.
            (11) Close coordination among service providers and the 
        public safety community is essential in advance of, during, and 
        following emergencies.
    (b) Sense of Congress.--It is the sense of Congress that the 
voluntary policies outlined in the Wireless Network Resiliency 
Cooperative Framework should be adhered to, to the best of the 
carriers' ability, to aid consumers, 9-1-1 professionals, first 
responders, and local governments, in accessing communication services 
during times of emergency.

SEC. 3. SECURING ACCESS TO NETWORKS IN DISASTERS.

    (a) Definitions.--In this section, and for purposes of the rules 
required under this section--
            (1) the term ``mobile service'' means--
                    (A) commercial mobile service (as defined in 
                section 332 of the Communications Act of 1934 (47 
                U.S.C. 332)); or
                    (B) commercial mobile data service (as defined in 
                section 6001 of the Middle Class Tax Relief and Job 
                Creation Act of 2012 (47 U.S.C. 1401));
            (2) the term ``mobile service infrastructure'' means a site 
        or similar facility used to transmit or receive mobile service 
        signals;
            (3) the term ``times of emergency'' means--
                    (A) an emergency as defined in section 102 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5122); or
                    (B) an emergency as declared by the Governor of a 
                State or territory of the United States; and
            (4) the term ``WiFi access point'' means wireless Internet 
        access using the standard designated as 802.11 or any variant 
        thereof.
    (b) Proceedings Related to Cellular Network Resiliency.--
            (1) Directory.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Commission shall 
                create a master point of contact directory to provide 
                for effective communication between public safety 
                answering points and telecommunications service 
                providers.
                    (B) Confidentiality.--The directory established 
                under this paragraph shall be available to 
                telecommunications service providers and public safety 
                answering points on a confidential basis.
                    (C) Exemption from paperwork reduction act 
                requirements.--In establishing the directory under this 
                paragraph, the Commission shall be exempted from 
                chapter 35 of title 44, United States Code (commonly 
                known as the ``Paperwork Reduction Act'').
            (2) Study on network resiliency.--Not later than 36 months 
        after the date of enactment of this Act, the Commission shall 
        submit to Congress, and make publically available on the 
        Commission's website, a study on the public safety benefits and 
        technical feasibility and cost of--
                    (A) making telecommunications service provider-
                owned WiFi access points, and other communications 
                technologies operating on unlicensed spectrum, 
                available to the general public for access to 9-1-1 
                services, without requiring any login credentials, 
                during times of emergency when mobile service is 
                unavailable;
                    (B) the provision by non-telecommunications service 
                provider-owned WiFi access points of public access to 
                9-1-1 services during times of emergency when mobile 
                service is unavailable; and
                    (C) other alternative means of providing the public 
                with access to 9-1-1 services during times of emergency 
                when mobile service is unavailable.
    (c) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study on--
                    (A) how Federal agencies can better ensure critical 
                telecommunications networks remain operational during 
                times of emergency;
                    (B) the feasibility and advisability of adding 
                points of contact for local utilities to the directory 
                described in subsection (b)(1); and
                    (C) any legislative matters Congress should 
                consider to help promote network resiliency.
            (2) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Comptroller General shall transmit a 
        report to Congress containing the findings and recommendations 
        of the study required under paragraph (1).
    (d) Expanding List of Essential Service Providers During Federally 
Declared Emergencies To Include All Communications Providers; Providing 
Access to Essential Service Providers.--Section 427 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189e) 
is amended--
            (1) in subsection (a)(1)(A), by striking 
        ``telecommunications service'' and inserting ``communications 
        service, including wireline and mobile telephone service, 
        Internet access service, radio and television broadcasting, 
        cable service, and direct broadcast satellite service''; and
            (2) by adding at the end the following:
    ``(d) Mutual Aid Agreements.--The President, acting through the 
Administrator of the Federal Emergency Management Agency, shall 
encourage the adoption of mutual aid agreements that recognize the 
credentials of essential service providers issued by all parties to the 
mutual aid agreement.''.
    (e) Communications Networks Are Designated Essential Assistance 
During Federally Declared Emergencies.--Section 403(a)(3) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170b(a)(3)) is amended--
            (1) in subparagraph (I), by striking ``and'' at the end;
            (2) in the first subparagraph (J)(ii), by striking the 
        period at the end and inserting ``; and''; and
            (3) by striking the second subparagraph (J) (as added by 
        section 4 of the Pets Evacuation and Transportation Standards 
        Act of 2006 (Public Law 109-308; 120 Stat. 1725) and inserting 
        the following:
                    ``(K) establishing temporary or restoring 
                communications service, including wireline and mobile 
                telephone service, Internet access service, radio and 
                television broadcasting, cable service, and direct 
                broadcast satellite service.''.
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