[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5926 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5926

   To amend the Communications Act of 1934 to provide for expedient 
restoration of advanced communications service networks during times of 
                   emergency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 2020

  Mr. Pallone (for himself and Mr. McNerney) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to provide for expedient 
restoration of advanced communications service 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 Act may be cited as the ``Reinforcing and Evaluating Service 
Integrity, Local Infrastructure, and Emergency Notification for Today's 
Networks Act'' or the ``RESILIENT Networks Act''.

SEC. 2. NETWORK RESILIENCY COOPERATIVE REQUIREMENTS.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is amended by adding at the end the following:

``SEC. 723. NETWORK RESILIENCY COOPERATIVE REQUIREMENTS.

    ``(a) Required Coordinated Response in Times of Emergency.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Commission, in consultation 
        with the Secretary of Homeland Security, shall conduct a 
        proceeding and, after public notice and an opportunity for 
        comment, adopt rules to provide for coordination among 
        providers of advanced communications service during times of 
        emergency.
            ``(2) Required aspects of coordination.--In issuing the 
        rules required by paragraph (1), the Commission shall require 
        that, where technically feasible--
                    ``(A) providers of wireless advanced communications 
                service have in place reasonable roaming and peering 
                agreements for times of emergency, which can be 
                employed without additional negotiation, as necessary; 
                and
                    ``(B) providers of advanced communications service 
                have in place reasonable arrangements for the provision 
                of mutual aid for times of emergency, as necessary.
    ``(b) Required Assistance for First Responders.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Commission shall, after 
        public notice and an opportunity for comment, adopt rules 
        designed to improve coordination for times of emergency between 
        providers of advanced communications service and public safety 
        answering points and covered public safety entities.
            ``(2) Providing detailed timely network outage data to 
        first responders.--In issuing the rules required by paragraph 
        (1), the Commission shall--
                    ``(A) make changes to the Disaster Information 
                Reporting System to facilitate the participation in 
                such System by all providers of advanced communications 
                service;
                    ``(B) require providers of advanced communications 
                service to participate in the Disaster Information 
                Reporting System during times of emergency;
                    ``(C) ensure information collected through the 
                Disaster Information Reporting System is made available 
                to public safety answering points and covered public 
                safety entities in those areas where the Disaster 
                Information Reporting System is activated in an easily 
                accessible format that--
                            ``(i) facilitates the provision of such 
                        information as soon as possible, in light of 
                        efforts to remedy network disruption and 
                        restore services, with reasonably sufficient 
                        granularity and speed to help such public 
                        safety answering points and covered public 
                        safety entities understand the timing, nature, 
                        and scope of reported disruptions to the 
                        provision of advanced communications service 
                        during times of emergency, including 
                        disruptions to the provision of such service to 
                        public safety answering points or covered 
                        public safety entities;
                            ``(ii) reflects the status of operations of 
                        and disruptions affecting the individual 
                        reporting provider's network during times of 
                        emergency and does not reflect the continued 
                        provision of advanced communications service 
                        using roaming and peering arrangements; and
                            ``(iii) allows such information to be 
                        accessed through a secure internet website; and
                    ``(D) ensure that providers of advanced 
                communications service are not held liable for outage 
                reports based upon reasonable efforts to identify 
                accurately any such outages as soon as reasonably 
                practicable during times of emergency that may later be 
                determined to have contained inaccurate information.
            ``(3) Access and security.--In issuing the rules required 
        by paragraph (1), the Commission shall ensure that--
                    ``(A) the information described in paragraph (2)(C) 
                is secured against access by any person not authorized 
                to access such information and that persons authorized 
                to access such information are trained in reasonable 
                security measures to protect such information;
                    ``(B) such information will be used by public 
                safety answering points and covered public safety 
                entities exclusively for the purpose of responding to 
                public safety concerns during times of emergency, and 
                that public safety answering points and covered public 
                safety entities will be required to notify the 
                Commission and affected providers of advanced 
                communications service as soon as reasonably 
                practicable in the event of any breach or other 
                unauthorized use; and
                    ``(C) the public continues to have access to the 
                information published by the Commission on its websites 
                in times of emergency in a manner that is at least as 
                accessible to the public as before the date of the 
                enactment of this section.
    ``(c) Coordinated Response Master Directory.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Commission, in consultation 
        with the Secretary of Energy, shall, after public notice and an 
        opportunity for comment, establish a master point-of-contact 
        directory to provide for effective communication between 
        providers of advanced communications service, tower owner or 
        operators, and public safety answering points, covered public 
        safety entities, and utilities.
            ``(2) Access and security.--In establishing the directory 
        under paragraph (1), the Commission shall ensure that--
                    ``(A) the directory established under paragraph (1) 
                is secured against access by any person not authorized 
                to access such directory information and that persons 
                authorized to access such information are trained in 
                reasonable security measures to protect such 
                information;
                    ``(B) such information is updated by the Commission 
                no less frequently than quarterly; and
                    ``(C) such information will be used by public 
                safety answering points and covered public safety 
                entities exclusively for the purpose of responding to 
                public safety concerns, and that public safety 
                answering points and covered public safety entities 
                will be required to notify the Commission and affected 
                providers of advanced communications service, tower 
                owner or operators, and utilities as soon as reasonably 
                practicable in the event of any breach or other 
                unauthorized use.
    ``(d) Triennial Review of Coordinated Response Policies.--
            ``(1) In general.--Not later than the date that is 4 years 
        after the date of the enactment of this section, and every 3 
        years thereafter, the Commission shall, after public notice and 
        an opportunity for comment, evaluate whether the rules adopted 
        and directory established under this section, coupled with any 
        other actions that the Commission has taken regarding network 
        resiliency, are substantially improving the resiliency of 
        advanced communications services in times of emergency.
            ``(2) Additional action.--If the Commission finds in an 
        evaluation under paragraph (1) that the rules issued pursuant 
        to this section and the directory established under this 
        section, coupled with any other actions that the Commission has 
        taken regarding network resiliency, are not substantially 
        improving the resiliency of advanced communications services, 
        the Commission shall seek comment and consider amending such 
        rules and directory to take additional action that may be 
        necessary and within its jurisdiction to help ensure those 
        rules more efficiently promote the resiliency of advanced 
        communications services in times of emergency.
    ``(e) Exemption From Paperwork Reduction Act.--Information 
collected under this section shall not constitute a collection of 
information for the purposes of subchapter I of chapter 35 of title 44, 
United States Code (commonly referred to as the Paperwork Reduction 
Act).
    ``(f) Definitions.--In this section:
            ``(1) Advanced communications service.--The term `advanced 
        communications service' has the meaning given such term in 
        section 3 and has the meaning given to the term `advanced 
        telecommunications capability' in section 706 of the 
        Telecommunications Act of 1996 (47 U.S.C. 1302), but such term 
        shall not include the network of the First Responder Network 
        Authority established by section 6204 of the Middle Class Tax 
        Relief and Job Creation Act of 2012 (47 U.S.C. 1424).
            ``(2) Disaster information reporting system.--The term 
        `Disaster Information Reporting System' means the system 
        described in the public notice released by the Commission on 
        September 11, 2007 (DA 07-3871).
            ``(3) Utility.--The term `utility' has the meaning given to 
        the term `distribution utility' in section 217 of the Federal 
        Power Act (16 U.S.C. 824q).
            ``(4) Public safety answering point.--The term `public 
        safety answering point' has the meaning given such term in 
        section 222.
            ``(5) Covered public safety entity.--The term `covered 
        public safety entity' is an entity responsible for emergency 
        management functions during times of emergency that is 
        expressly authorized by the Federal Emergency Management Agency 
        or Governor of a State as eligible to access outage information 
        pursuant to subsections (b) and (c).
            ``(6) Roaming.--The term `roaming' means the ability of a 
        subscriber of wireless advanced communications service to 
        originate or terminate a call, to continue an in-progress call, 
        or to transmit or receive data, using the facilities of a 
        provider of wireless advanced communications service different 
        than the one with whom the subscriber has a direct preexisting 
        service or financial relationship.
            ``(7) Time of emergency.--The term `time of emergency' 
        means--
                    ``(A) the time period of an emergency (as defined 
                in section 102 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5122));
                    ``(B) the time period that the Federal 
                Communications Commission activates the Disaster 
                Information Reporting System; or
                    ``(C) the time period of an emergency as declared 
                by the Governor of a State.
            ``(8) Tower owner or operator.--The term `tower owner or 
        operator' has the meaning given to such term in section 427 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5189e).
            ``(9) Resiliency.--The term `resiliency' means the ability 
        to withstand and recover rapidly from disruptions. Resiliency 
        includes the ability to withstand and recover from deliberate 
        attacks, accidents, or naturally occurring threats or 
        incidents.''.

SEC. 3. STOPPING ACCIDENTAL CUTS TO COMMUNICATIONS NETWORKS.

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Commission shall, in consultation with the Secretary 
of Transportation, and after public notice and an opportunity for 
comment, complete a study on the feasibility of expanding the one-call 
notification system programs under chapter 61 and section 60114 of 
title 49, United States Code, to cover advanced communications service.
    (b) Considerations.--In conducting the study under subsection (a), 
the Commission shall consider additional solutions to prevent third-
party damage to infrastructure used in the provision of advanced 
communications service, including dig-once policies, and the use of 
wireless backhaul.
    (c) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Commission shall publish on the website of 
the Commission and submit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report detailing the findings and 
recommendations of the study conducted under subsection (a).

SEC. 4. KEEPING ADVANCED COMMUNICATIONS SERVICE OPERATIONAL.

    (a) Coordination Best Practices.--Not later than 1 year after the 
date of the enactment of this Act, the Commission, in consultation with 
the Secretary of Energy, shall adopt, after public notice and an 
opportunity for comment, a set of recommended best practices on how 
providers of advanced communications service and utilities should 
coordinate in order to ensure that advanced communications service 
remains operational during times of emergency and pre-planned power 
downs.
    (b) Measures.--Not later than 1 year after the date of the 
enactment of this Act, the Commission, in consultation with the 
Secretary of Energy and Secretary of Homeland Security, shall--
            (1) establish a process by which providers of advanced 
        communications service and utilities share information 
        regarding what infrastructure, used in the provision of 
        advanced communications service, should be prioritized for 
        reenergization to best restore critical parts of such 
        providers' networks necessary for emergency response and 
        restoration efforts, in a manner that promotes the most 
        efficient and effective use of resources during times of 
        emergency and pre-planned power downs;
            (2) ensure that providers of advanced communications 
        service take reasonable and technically feasible measures to 
        integrate backup power, including generators and batteries, 
        into such providers' networks to continue the provision of 
        advanced communications service during and following times of 
        emergency and during pre-planned power downs with particular 
        focus on consumers' ability to send and receive emergency 
        communications;
            (3) take all necessary, reasonable measures to ensure 
        appropriate coordination including at incident command centers 
        established during times of emergency between utilities, 
        covered public safety entities, providers of advanced 
        communications service, and, where appropriate, Federal, State, 
        and local representatives, to ensure such utilities, entities, 
        and providers--
                    (A) are aware of where infrastructure used in the 
                provision of advanced communications service is located 
                to avoid inadvertently damaging such infrastructure and 
                thereby delaying restoration of advanced communications 
                service during and following times of emergency and 
                pre-planned power downs;
                    (B) communicate with each other on a regular and 
                ongoing basis regarding the progress of network 
                restoration during and following times of emergency and 
                pre-planned power downs; and
                    (C) are aware of their respective restoration 
                plans, priorities, and critical sites in advance of any 
                emergency, as well as during and following times of 
                emergency and pre-planned power downs; and
            (4) ensure any and all information exchanged pursuant to 
        this section will be subject to reasonable confidentiality 
        protections, accessed only by authorized users responsible for 
        coordination required by this section, and used exclusively for 
        the purpose of ensuring advanced communications service remains 
        operational during and following times of emergency and pre-
        planned power downs.

SEC. 5. PROMOTING 5G RESILIENCY.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act and after public notice and an opportunity for comment, the 
Commission, in consultation with the Secretary of Homeland Security, 
shall publish on the website of the Commission and submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate, a 
report that includes the following:
            (1) An evaluation of any unique (with respect to other 
        forms of advanced communications service) challenges or 
        advantages of 5G wireless networks with regard to the 
        resiliency of such networks to withstand disruptions during 
        times of emergency.
            (2) An analysis of the following:
                    (A) 5G wireless networks using high-band 
                frequencies of the electromagnetic spectrum.
                    (B) 5G wireless networks using low-band frequencies 
                of the electromagnetic spectrum.
                    (C) The backhaul requirements of 5G wireless 
                networks.
                    (D) The power requirements of 5G wireless networks.
                    (E) The potential uses of 5G wireless networks in 
                responding to natural and manmade disasters for public 
                safety officials and the public that are specific to 5G 
                wireless networks.
                    (F) The uses of 5G wireless networks to provide 
                wireless emergency alerts and dispatchable location to 
                public safety answering points.
                    (G) The uses of 5G wireless networks in responding 
                to natural and manmade disasters in rural areas.
            (3) Recommendations regarding regulatory or statutory 
        changes that could address any challenges to, or better use any 
        advantages of, 5G wireless networks with regard to the 
        deployment and resiliency of such networks.
    (b) Rules May Be Required.--Not later than 2 years after the date 
the Commission submits its report, the Commission shall consider 
whether to adopt rules or issue best practices to address any 
challenges or better use any advantages of 5G wireless networks with 
regard to the resiliency of such networks are needed.

SEC. 6. AUDIT OF FCC'S RESPONSE TO 2017 HURRICANE SEASON IN PUERTO 
              RICO.

    (a) In General.--The Comptroller General of the United States shall 
conduct a performance audit of the Commission's efforts to restore 
advanced communications service, and other communications services, in 
Puerto Rico during, and following, the 2017 hurricane season.
    (b) Required Considerations.--In conducting the study under 
subsection (a), the Comptroller General shall examine--
            (1) the timeliness of the Commission's actions to restore 
        advanced communications service, and other communications 
        services, in Puerto Rico during, and following, the 2017 
        hurricane season; and
            (2) how the Commission responded following the 2017 
        hurricane season in Puerto Rico as compared to how the 
        Commission responded to other natural disasters, including 
        hurricanes, previously or subsequently.
    (c) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the findings of the study under subsection (a), including any 
recommendations.
    (d) No Combination.--Such study and report required by subsection 
(a), (b), or (c) may not be combined or associated with any other 
ongoing, or subsequently requested, study by the Comptroller General.
    (e) Proceeding.--Not later than 2 years after the date of the 
enactment of this Act, the Commission shall commence a proceeding 
regarding what actions are appropriate for the Commission to take in 
addressing the findings and recommendations outlined in the report 
issued under subsection (c).

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall affect 
the operation or authority of the First Responder Network Authority 
established by section 6204 of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1424).

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Terms defined in section 723 of communications act of 
        1934, as amended.--The terms defined in section 723 of the 
        Communications Act of 1934, as added by section 2, have the 
        meanings given such terms in section 723.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
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