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

<DOC>





                                                       Calendar No. 702
114th CONGRESS
  2d Session
                                S. 2997

                          [Report No. 114-392]

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, Mr. Schumer, Mr. Nelson, Mr. 
  Rubio, and Mr. Thune) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                            December 6, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) Severe weather and emergencies can have 
        devastating effects on communities large and small, including 
        rural areas and urban centers.</DELETED>
        <DELETED>    (2) 10,649 deaths were attributed to weather 
        related causes during 2006 to 2010.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (11) Close coordination among service providers 
        and the public safety community is essential in advance of, 
        during, and following emergencies.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. SECURING ACCESS TO NETWORKS IN DISASTERS.</DELETED>

<DELETED>    (a) Definitions.--In this section, and for purposes of the 
rules required under this section--</DELETED>
        <DELETED>    (1) the term ``mobile service'' means--</DELETED>
                <DELETED>    (A) commercial mobile service (as defined 
                in section 332 of the Communications Act of 1934 (47 
                U.S.C. 332)); or</DELETED>
                <DELETED>    (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));</DELETED>
        <DELETED>    (2) the term ``mobile service infrastructure'' 
        means a site or similar facility used to transmit or receive 
        mobile service signals;</DELETED>
        <DELETED>    (3) the term ``times of emergency'' means--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) an emergency as declared by the 
                Governor of a State or territory of the United States; 
                and</DELETED>
        <DELETED>    (4) the term ``WiFi access point'' means wireless 
        Internet access using the standard designated as 802.11 or any 
        variant thereof.</DELETED>
<DELETED>    (b) Proceedings Related to Cellular Network Resiliency.--
</DELETED>
        <DELETED>    (1) Directory.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Confidentiality.--The directory 
                established under this paragraph shall be available to 
                telecommunications service providers and public safety 
                answering points on a confidential basis.</DELETED>
                <DELETED>    (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'').</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) other alternative means of providing 
                the public with access to 9-1-1 services during times 
                of emergency when mobile service is 
                unavailable.</DELETED>
<DELETED>    (c) GAO Study and Report.--</DELETED>
        <DELETED>    (1) Study.--The Comptroller General of the United 
        States shall conduct a study on--</DELETED>
                <DELETED>    (A) how Federal agencies can better ensure 
                critical telecommunications networks remain operational 
                during times of emergency;</DELETED>
                <DELETED>    (B) the feasibility and advisability of 
                adding points of contact for local utilities to the 
                directory described in subsection (b)(1); and</DELETED>
                <DELETED>    (C) any legislative matters Congress 
                should consider to help promote network 
                resiliency.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subparagraph (I), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in the first subparagraph (J)(ii), by striking 
        the period at the end and inserting ``; and''; and</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. 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 by all parties 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--
            (1) the term ``Commission'' means the Federal 
        Communications Commission;
            (2) 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));
            (3) the term ``times of emergency'' means--
                    (A) an emergency or major disaster, as those terms 
                are 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 points'' means wireless Internet 
        access using the standard designated as 802.11 or any variant 
        thereof.
    (b) FCC Study on Alternative Access to 9-1-1 Services During Times 
of Emergency.--
            (1) Study.--Not later than 36 months after the date of 
        enactment of this Act, the Commission shall submit to Congress, 
        and make publicly available on the website of the Commission, a 
        study on the public safety benefits and technical feasibility 
        and cost of--
                    (A) making telecommunications service provider-
                owned WiFi access points, and other telecommunications 
                service provider-owned 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.
            (2) Considerations.--In conducting the study required under 
        paragraph (1), the Commission shall consider issues related to 
        making WiFi access points available to the general public for 
        access to 9-1-1 services, including communications network 
        provider liability, the operational security of communications 
        networks, and any existing actions or authorities in and among 
        the States.
    (c) GAO Study and Report.--
            (1) Definitions.--In this subsection--
                    (A) the term ``essential communications services'' 
                means wireline and mobile telephone service, Internet 
                access service, radio and television broadcasting, 
                cable service, and direct broadcast satellite service; 
                and
                    (B) the term ``Executive departments'' has the 
                meaning given the term in section 101 of title 5, 
                United States Code.
            (2) Study.--The Comptroller General of the United States 
        shall conduct a study on--
                    (A) how Executive departments can better ensure 
                essential communications services remain operational 
                during times of emergency;
                    (B) any legislative matters, if appropriate, 
                Congress could consider to help promote the resiliency 
                of essential communications services; and
                    (C) whether a nationwide directory of points of 
                contact among providers of essential communications 
                services is needed to facilitate the rapid restoration 
                of such services damaged during times of emergency.
            (3) Considerations.--In making the determination described 
        in paragraph (2)(C), the Comptroller General shall consider--
                    (A) any similar directories that exist at the 
                Federal, State, or local level, including the 
                effectiveness of such directories;
                    (B) how such a directory could be established and 
                updated, including what types of information would be 
                most useful;
                    (C) how access to such a directory could be managed 
                to adequately ensure the confidentiality of any 
                sensitive information and operational security of 
                essential communications services; and
                    (D) the resources necessary to establish and 
                maintain such a directory.
            (4) 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 (2).
    (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 ``wireline or 
        mobile telephone service, Internet access service, radio or 
        television broadcasting, cable service, or 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 subparagraph (J), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(K) allowing for access to essential service 
                providers necessary for establishing temporary or 
                restoring wireline or mobile telephone service, 
                Internet access service, radio or television 
                broadcasting, cable service, or direct broadcast 
                satellite service.''.
                                                       Calendar No. 702

114th CONGRESS

  2d Session

                                S. 2997

                          [Report No. 114-392]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 6, 2016

                       Reported with an amendment