[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8659 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8659

To amend the Communications Act of 1934 to provide for requirements for 
the exercise of the emergency powers of the President under section 706 
                  of such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 23, 2020

Ms. Eshoo (for herself and Mr. Griffith) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
  addition to the Committee on Rules, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to provide for requirements for 
the exercise of the emergency powers of the President under section 706 
                  of such Act, 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 ``Preventing Unwarranted 
Communications Shutdowns Act of 2020''.

SEC. 2. REQUIREMENTS FOR EXERCISE OF CERTAIN EMERGENCY POWERS OF THE 
              PRESIDENT.

    (a) In General.--Section 706 of the Communications Act of 1934 (47 
U.S.C. 606) is amended by adding at the end the following:
    ``(i) Requirements for Actions by President Under This Section.--
            ``(1) Standard for taking action.--The President may not 
        take an action under subsection (a), (b), (c), or (d) unless 
        such action is--
                    ``(A) necessary to protect against an imminent and 
                specific threat to human life or an imminent and 
                specific threat to national security;
                    ``(B) narrowly tailored to achieve the purpose 
                described in subparagraph (A); and
                    ``(C) the least restrictive means to achieve such 
                purpose.
            ``(2) Notification to congressional leaders and senior 
        government officials.--
                    ``(A) In general.--Before or not later than 12 
                hours after taking any action under subsection (a), 
                (b), (c), or (d), the President shall transmit a 
                notification with respect to such action that meets the 
                requirements of subparagraph (B) to each congressional 
                leader and each senior Government official.
                    ``(B) Requirements.--The requirements of this 
                subparagraph for a notification with respect to an 
                action under subsection (a), (b), (c), or (d) are the 
                following:
                            ``(i) Contents.--Such notification shall 
                        contain the following:
                                    ``(I) An identification of the war, 
                                threat of war, state of public peril, 
                                disaster, national emergency, or other 
                                circumstance that is the basis for the 
                                President to take such action, as 
                                required by the subsection under which 
                                the President has acted or wishes to 
                                act.
                                    ``(II) A detailed description of 
                                such action, including--
                                            ``(aa) the geographic scope 
                                        of such action;
                                            ``(bb) the types of 
                                        communications networks 
                                        impacted by such action; and
                                            ``(cc) a list of each 
                                        person to whom the President 
                                        has transmitted a communication 
                                        directing such person to comply 
                                        with such action.
                                    ``(III) The amount of time (if any) 
                                beyond the period of effectiveness 
                                provided in paragraph (3) for which the 
                                President is requesting authorization 
                                to maintain such action.
                                    ``(IV) A justification, with 
                                respect to such action and any amount 
                                of time stated under subclause (III), 
                                of how the President reached the 
                                determination required for taking an 
                                action under such subsection (including 
                                the determination that the requirements 
                                of paragraph (1) of this subsection are 
                                met).
                            ``(ii) Form.--Such notification shall be in 
                        writing. With respect to each congressional 
                        leader and each senior Government official, the 
                        President shall first transmit such 
                        notification to such leader or official in 
                        either physical or electronic form, whichever 
                        the President determines will result in quicker 
                        delivery to such leader or official. The 
                        President shall transmit such notification to 
                        such leader or official in the other form as 
                        soon thereafter as possible, but failure to 
                        transmit such notification in such other form 
                        shall not affect the validity of the action by 
                        the President to which such notification 
                        relates.
                            ``(iii) Timing.--
                                    ``(I) Congress.--
                                            ``(aa) In general.--The 
                                        President shall transmit such 
                                        notification in such a manner 
                                        so as to ensure delivery to 
                                        each congressional leader as 
                                        close to simultaneously as 
                                        practicable, but the time 
                                        between delivery to each 
                                        congressional leader shall not 
                                        be greater than 1 hour.
                                            ``(bb) Official time 
                                        received; publication.--Each 
                                        congressional leader shall 
                                        record the official time of the 
                                        chamber at receipt. In the case 
                                        of notification to a 
                                        congressional leader in both 
                                        physical and electronic form, 
                                        the time recorded shall be the 
                                        time of receipt of the form 
                                        that was received first. Each 
                                        congressional leader shall, 
                                        immediately upon such receipt, 
                                        inform the Clerk of the House 
                                        or the Secretary of the Senate 
                                        (as the case may be) of the 
                                        time of receipt, to be recorded 
                                        and published by the Clerk or 
                                        Secretary.
                                            ``(cc) 48-hour period 
                                        defined.--In this subsection, 
                                        the term `48-hour period' means 
                                        the 48-hour period that begins 
                                        at the third earliest of the 4 
                                        times recorded under item (bb), 
                                        including any extension of such 
                                        period under paragraph (4)(D) 
                                        and excluding any period 
                                        disregarded under paragraph 
                                        (4)(C)(v).
                                    ``(II) Senior government 
                                officials.--The President shall 
                                transmit such notification in such a 
                                manner so as to ensure delivery to each 
                                senior Government official not more 
                                than 1 hour after the third earliest of 
                                the 4 times recorded under subclause 
                                (I)(bb).
                    ``(C) Public availability.--
                            ``(i) Presumptively public.--Except as 
                        provided in clause (ii), the President shall 
                        publicly release a notification transmitted 
                        under subparagraph (A) at the time when the 48-
                        hour period begins.
                            ``(ii) Temporary withholding and release.--
                                    ``(I) Withholding.--The President 
                                may withhold from public release under 
                                clause (i) a portion of a notification 
                                transmitted under subparagraph (A) only 
                                to the extent that the President 
                                determines that--
                                            ``(aa) secrecy of such 
                                        portion is necessary to protect 
                                        against an imminent and 
                                        specific threat to human life; 
                                        or
                                            ``(bb) such portion 
                                        contains classified 
                                        information.
                                    ``(II) Release.--Notwithstanding 
                                any provision of law or Executive order 
                                regarding the protection of classified 
                                information, any portion of a 
                                notification transmitted under 
                                subparagraph (A) that is withheld under 
                                subclause (I) shall be publicly 
                                released not later than 180 days 
                                after--
                                            ``(aa) if there is not 
                                        enacted a law authorizing the 
                                        action by the President under 
                                        subsection (a), (b), (c), or 
                                        (d) to which such notification 
                                        relates to take effect or to be 
                                        extended (as the case may be), 
                                        the date on which the 48-hour 
                                        period begins; or
                                            ``(bb) if there is enacted 
                                        such a law, the date on which 
                                        such action ceases to have any 
                                        force or effect under such law 
                                        (or any subsequent law 
                                        authorizing such action to be 
                                        extended).
                    ``(D) Independent analysis.--Consistent with the 
                protection of intelligence sources and methods, each 
                Commissioner of the Commission may transmit to Congress 
                an independent analysis regarding any matter included 
                in a notification transmitted by the President under 
                subparagraph (A) or related judgments of the President 
                or facts supplied by the President.
            ``(3) Effectiveness of action.--Unless there is enacted a 
        law authorizing an action by the President under subsection 
        (a), (b), (c), or (d) to take effect or to be extended (as the 
        case may be)--
                    ``(A) if the President fails to transmit to each 
                congressional leader and each senior Government 
                official a notification with respect to such action as 
                required by paragraph (2), such action shall cease to 
                have any force or effect at the time that is 12 hours 
                after the President takes such action; and
                    ``(B) if the President transmits to each 
                congressional leader and each senior Government 
                official a notification with respect to such action as 
                required by paragraph (2), such action shall cease to 
                have any force or effect at, and may not take effect 
                after, the end of the 48-hour period.
            ``(4) Procedures for expedited congressional 
        consideration.--
                    ``(A) Fast track consideration in the house of 
                representatives.--
                            ``(i) Reconvening.--Upon receipt of a 
                        notification under paragraph (2), the Speaker, 
                        if the House would otherwise be adjourned, 
                        shall notify the Members of the House that, 
                        pursuant to this paragraph, the House shall 
                        convene as soon as the Speaker deems 
                        practicable.
                            ``(ii) Placement on calendar.--Upon 
                        introduction in the House, the approval 
                        legislation shall be placed immediately on the 
                        calendar.
                            ``(iii) Proceeding to consideration.--It 
                        shall be in order at any time during the 48-
                        hour period immediately to move to proceed to 
                        consider the approval legislation in the House. 
                        All points of order against the motion are 
                        waived. Such a motion shall not be in order 
                        after the House has disposed of a motion to 
                        proceed on the approval legislation. The 
                        previous question shall be considered as 
                        ordered on the motion to its adoption without 
                        intervening motion. The motion shall not be 
                        debatable. A motion to reconsider the vote by 
                        which the motion is disposed of shall not be in 
                        order.
                            ``(iv) Consideration.--The approval 
                        legislation shall be considered as read. All 
                        points of order against the approval 
                        legislation and against its consideration are 
                        waived. The previous question shall be 
                        considered as ordered on the approval 
                        legislation to its passage without intervening 
                        motion except two hours of debate equally 
                        divided and controlled by the proponent and an 
                        opponent. A motion to reconsider the vote on 
                        passage of the approval legislation shall not 
                        be in order.
                    ``(B) Fast track consideration in the senate.--
                            ``(i) Reconvening.--Upon receipt of a 
                        notification under paragraph (2), if the Senate 
                        has adjourned or recessed for more than 2 days, 
                        the majority leader of the Senate, after 
                        consultation with the minority leader of the 
                        Senate, shall notify the Members of the Senate 
                        that, pursuant to this paragraph, the Senate 
                        shall convene as soon as the majority leader 
                        deems practicable.
                            ``(ii) Placement on calendar.--Upon 
                        introduction in the Senate, the approval 
                        legislation shall be placed immediately on the 
                        calendar.
                            ``(iii) Floor consideration.--
                                    ``(I) In general.--Notwithstanding 
                                Rule XXII of the Standing Rules of the 
                                Senate, it is in order at any time 
                                during the 48-hour period to move to 
                                proceed to the consideration of the 
                                approval legislation, and all points of 
                                order against the approval legislation 
                                (and against consideration of the 
                                legislation) are waived. The motion to 
                                proceed is not debatable. The motion is 
                                not subject to a motion to postpone. A 
                                motion to reconsider the vote by which 
                                the motion is agreed to or disagreed to 
                                shall not be in order. If a motion to 
                                proceed to the consideration of the 
                                approval legislation is agreed to, the 
                                approval legislation shall remain the 
                                unfinished business until disposed of.
                                    ``(II) Consideration.--
                                Consideration of the approval 
                                legislation, and of all debatable 
                                motions and appeals in connection 
                                therewith, shall be limited to not more 
                                than 4 hours, which shall be divided 
                                equally between the majority and 
                                minority leaders or their designees. A 
                                motion further to limit consideration 
                                is in order and not debatable. An 
                                amendment to, or a motion to postpone, 
                                or a motion to proceed to the 
                                consideration of other business, or a 
                                motion to recommit the approval 
                                legislation is not in order.
                                    ``(III) Vote on passage.--The vote 
                                on passage shall occur immediately 
                                following the conclusion of the debate 
                                on the approval legislation, and a 
                                single quorum call at the conclusion of 
                                the debate if requested in accordance 
                                with the rules of the Senate.
                                    ``(IV) Rulings of the chair on 
                                procedure.--Appeals from the decisions 
                                of the Chair relating to the 
                                application of the rules of the Senate, 
                                as the case may be, to the procedure 
                                relating to the approval legislation 
                                shall be decided without debate.
                    ``(C) Rules relating to senate and house of 
                representatives.--
                            ``(i) Coordination with action by other 
                        house.--If, before the passage by one House of 
                        approval legislation of that House relating to 
                        an action by the President under subsection 
                        (a), (b), (c), or (d), that House receives from 
                        the other House approval legislation relating 
                        to such action, then the following procedures 
                        shall apply:
                                    ``(I) The approval legislation of 
                                the other House shall not be referred 
                                to a committee.
                                    ``(II) With respect to approval 
                                legislation of the House receiving the 
                                approval legislation from the other 
                                House--
                                            ``(aa) the procedure in 
                                        that House shall be the same as 
                                        if no approval legislation had 
                                        been received from the other 
                                        House; but
                                            ``(bb) if--

                                                    ``(AA) the approval 
                                                legislation from the 
                                                other House is 
                                                identical to the 
                                                approval legislation 
                                                then pending for 
                                                passage in that House, 
                                                the vote on passage 
                                                shall be on the 
                                                approval legislation of 
                                                the other House; or

                                                    ``(BB) the approval 
                                                legislation received 
                                                from the other House is 
                                                not identical to the 
                                                approval legislation 
                                                then pending for 
                                                passage in that House 
                                                and that House then 
                                                passes the approval 
                                                legislation of that 
                                                House, that House shall 
                                                be considered to have 
                                                passed the approval 
                                                legislation from the 
                                                other House as amended 
                                                by the text of the 
                                                approval legislation of 
                                                that House.

                            ``(ii) Treatment of approval legislation of 
                        other house.--If one House fails to introduce 
                        or consider approval legislation relating to an 
                        action by the President under subsection (a), 
                        (b), (c), or (d), the approval legislation of 
                        the other House relating to such action shall 
                        be entitled to expedited floor procedures under 
                        this paragraph.
                            ``(iii) Treatment of companion measures.--
                        If, following passage of approval legislation 
                        relating to an action by the President under 
                        subsection (a), (b), (c), or (d) in the Senate, 
                        the Senate then receives approval legislation 
                        relating to such action from the House of 
                        Representatives, the approval legislation from 
                        the House of Representatives shall be entitled 
                        to expedited floor procedures under this 
                        paragraph except it shall not be debatable.
                            ``(iv) Action on message between houses.--
                        During the consideration in the Senate or the 
                        House of Representatives of a message between 
                        Houses on any approval legislation relating to 
                        an action by the President under subsection 
                        (a), (b), (c), or (d), and all amendments in 
                        disagreement, and all amendments thereto, and 
                        debatable motions and appeals in connection 
                        therewith, consideration shall be limited to 2 
                        hours, to be equally divided between, and 
                        controlled by, the majority leader and minority 
                        leader or their designees. Consideration of any 
                        debatable motion or appeal related to the 
                        message shall be limited to 1 hour, to be 
                        equally divided between, and controlled by, the 
                        mover and the manager of the message.
                            ``(v) Consideration after passage.--
                                    ``(I) In general.--If Congress 
                                passes approval legislation, the period 
                                beginning on the date the President is 
                                presented with the legislation and 
                                ending on the date the President takes 
                                action with respect to the legislation 
                                shall be disregarded in computing the 
                                48-hour period.
                                    ``(II) Vetoes.--If the President 
                                vetoes the approval legislation--
                                            ``(aa) the period beginning 
                                        at the time the President 
                                        vetoes the legislation and 
                                        ending on the date the Congress 
                                        receives the veto message with 
                                        respect to the approval 
                                        legislation shall be 
                                        disregarded in computing the 
                                        48-hour period; and
                                            ``(bb) debate on a veto 
                                        message in the Senate under 
                                        this paragraph shall be 1 hour 
                                        equally divided between the 
                                        majority and minority leaders 
                                        or their designees.
                    ``(D) Extension of 48-hour period for exigent 
                circumstances.--If either chamber is adjourned when the 
                48-hour period begins and cannot practicably reconvene 
                in time to consider approval legislation in accordance 
                with this subsection during the 48-hour period, and if 
                all of the congressional leaders, or their designees, 
                reach an agreement under which they, or their 
                designees, determine that the action under subsection 
                (a), (b), (c), or (d) to which such notification 
                relates is necessary to protect against an imminent and 
                specific threat to human life or an imminent and 
                specific threat to national security, and that the 48-
                hour period will be extended until such time as they, 
                or their designees, consider practicable, such period 
                shall be extended until such time. Such agreement shall 
                be provided to the President, the Members of the House 
                of Representatives and Senate, and each senior 
                Government official.
                    ``(E) Supermajority required.--In the Senate and 
                the House of Representatives, the approval legislation 
                may only be adopted (including in the case of adoption 
                by one House of approval legislation received from the 
                other House, with or without amendment) by an 
                affirmative vote of not less than--
                            ``(i) three-fifths of the Members of each 
                        respective chamber, duly chosen and sworn; and
                            ``(ii) one-quarter of Members of each 
                        respective chamber who caucus with the party 
                        that has the second-largest number of Members 
                        of such chamber.
                    ``(F) Rules of house of representatives and 
                senate.--This paragraph is enacted by Congress--
                            ``(i) as an exercise of the rulemaking 
                        power of the Senate and House of 
                        Representatives, respectively, and as such it 
                        is deemed a part of the rules of each House, 
                        respectively, but applicable only with respect 
                        to the procedure to be followed in that House 
                        in the case of approval legislation, and it 
                        supersedes other rules only to the extent that 
                        it is inconsistent with such rules; and
                            ``(ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of that House.
            ``(5) Subsequent actions.--If an action by the President 
        under subsection (a), (b), (c), or (d) does not take effect or 
        ceases to have any force or effect as provided in this 
        subsection, the same or a substantially similar action by the 
        President may not take effect unless--
                    ``(A) there is enacted a law authorizing such same 
                or substantially similar action; or
                    ``(B) the basis for such same or substantially 
                similar action is a war, threat of war, state of public 
                peril, disaster, national emergency, or other 
                circumstance that is completely separate and distinct 
                from the circumstance that is the basis for the 
                President to take the earlier action.
            ``(6) Earlier termination by president.--Nothing in this 
        subsection may be construed to prohibit the President from 
        providing that an action under subsection (a), (b), (c), or (d) 
        shall cease to have any force or effect before the time 
        provided in this subsection.
            ``(7) Post-hoc gao report.--
                    ``(A) In general.--Not later than 90 days after the 
                President takes an action under subsection (a), (b), 
                (c), or (d), the Comptroller General of the United 
                States shall submit to Congress a report on such 
                action.
                    ``(B) Contents.--A report required by subparagraph 
                (A) shall assess--
                            ``(i) the degree to which the President 
                        adhered to the requirements of this subsection, 
                        including the standard required by paragraph 
                        (1) for taking such an action; and
                            ``(ii) the impact of the action taken by 
                        the President on--
                                    ``(I) civil liberties and civil 
                                rights, including any disproportionate 
                                impacts on marginalized communities;
                                    ``(II) public safety, including 
                                emergency services, emergency support 
                                services, and public safety answering 
                                points (as such terms are defined in 
                                section 222(h));
                                    ``(III) functions of Federal, 
                                State, Tribal, and local governments;
                                    ``(IV) the economy, including any 
                                projection of future or ongoing 
                                impacts;
                                    ``(V) communications facilities and 
                                the technical architecture of impacted 
                                communications networks (including the 
                                security of such facilities and 
                                networks); and
                                    ``(VI) private companies.
                    ``(C) Consultation.--In preparing a report required 
                by subparagraph (A), the Comptroller General shall 
                consult with relevant stakeholders.
                    ``(D) Unclassified form.--A report required by 
                subparagraph (A) shall be submitted in unclassified 
                form but may contain a classified annex.
            ``(8) Definitions.--In this subsection:
                    ``(A) Approval legislation.--The term `approval 
                legislation' means a joint resolution that--
                            ``(i) does not contain a preamble;
                            ``(ii) the matter after the resolving 
                        clause of which is as follows: `That Congress 
                        approves the action by the President under 
                        section 706 of the Communications Act of 1934 
                        (47 U.S.C. 606) with respect to which the 
                        President transmitted a notification under 
                        subsection (i)(2) of such section on ______, 
                        and such action is authorized to be in effect 
                        through ______.', the blank spaces being 
                        appropriately filled in; and
                            ``(iii) is introduced during the 48-hour 
                        period.
                    ``(B) Congressional leaders.--The term 
                `congressional leaders' means the Speaker and minority 
                leader of the House of Representatives and the majority 
                leader and minority leader of the Senate.
                    ``(C) Relevant stakeholders.--The term `relevant 
                stakeholders' means--
                            ``(i) senior Government officials;
                            ``(ii) the Under Secretary of Commerce for 
                        Standards and Technology;
                            ``(iii) the Privacy and Civil Liberties 
                        Oversight Board;
                            ``(iv) the congressional leaders; and
                            ``(v) experts from academia, public 
                        interest organizations, and private industry 
                        with expertise in--
                                    ``(I) civil liberties and civil 
                                rights;
                                    ``(II) economics;
                                    ``(III) cybersecurity and network 
                                security;
                                    ``(IV) national security; and
                                    ``(V) telecommunications.
                    ``(D) Senior government official.--The term `senior 
                Government official' means--
                            ``(i) the Vice President;
                            ``(ii) the head of each Executive 
                        department (as defined in section 101 of title 
                        5, United States Code);
                            ``(iii) each Commissioner of the 
                        Commission;
                            ``(iv) the head of each element of the 
                        intelligence community (as defined in section 3 
                        of the National Security Act of 1947 (50 U.S.C. 
                        3003)); and
                            ``(v) each member of the Joint Chiefs of 
                        Staff.
    ``(j) Liability.--No person shall be held criminally or civilly 
liable for any action taken to comply with an action taken by the 
President under subsection (a), (b), (c), or (d), if--
            ``(1) the action by the President is taken in accordance 
        with this section and any other applicable provision of law; 
        and
            ``(2) any service disrupted by the action of such person is 
        restored as soon as reasonably feasible after the action by the 
        President ceases to have any force or effect in accordance with 
        this section and any other applicable provision of law.''.
    (b) One-Time GAO Report.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to Congress a report that predicts 
        the impact of a communications shutdown, partial or complete, 
        as provided for in subsection (a), (b), (c), or (d) of section 
        706 of the Communications Act of 1934 (47 U.S.C. 606) or any 
        other law, regulation, Executive order, or document of the 
        Federal Government, on--
                    (A) civil liberties and civil rights, including any 
                disproportionate impacts on marginalized communities;
                    (B) national security;
                    (C) public safety, including emergency services, 
                emergency support services, and public safety answering 
                points (as such terms are defined in section 222(h) of 
                the Communications Act of 1934 (47 U.S.C. 222(h)));
                    (D) functions of Federal, State (as defined in 
                section 3 of the Communications Act of 1934 (47 U.S.C. 
                153)), Tribal, and local governments;
                    (E) the economy, including any projection of future 
                or ongoing impacts;
                    (F) communications facilities and the technical 
                architecture of impacted communications networks 
                (including the security of such facilities and 
                networks); and
                    (G) private companies.
            (2) Consultation.--In preparing the report required by 
        paragraph (1), the Comptroller General shall, to the degree 
        practicable, consult with relevant stakeholders (as defined in 
        paragraph (8) of subsection (i) of section 706 of the 
        Communications Act of 1934, as added by subsection (a) of this 
        section).
            (3) Unclassified form.--The report required by paragraph 
        (1) shall be submitted in unclassified form but may contain a 
        classified annex.
            (4) Communications shutdown defined.--In this subsection, 
        the term ``communications shutdown'' has the meaning given such 
        term in paragraph (6) of subsection (e) of section 706 of the 
        Communications Act of 1934, as amended by subsection (c).
    (c) Just Compensation and Costs to Customers.--
            (1) In general.--Subsection (e) of section 706 of the 
        Communications Act of 1934 (47 U.S.C. 606) is amended to read 
        as follows:
    ``(e)(1) The President shall ascertain--
            ``(A) the just compensation for use or control under 
        subsection (c) or (d); and
            ``(B) the cost of any harm to the customers of a provider 
        of communications by wire or radio caused by an action by the 
        President under subsection (a), (b), (c), or (d) that results 
        in a partial or complete communications shutdown.
    ``(2)(A) The President shall certify the amounts ascertained under 
paragraph (1) to Congress for appropriation and payment to the person 
entitled thereto.
    ``(B) In the case of the cost of harm to the customers of a 
provider, the person entitled to payment under subparagraph (A) shall 
be such provider. Such provider shall, not later than 60 days after 
receiving payment, pay such amount to the customers who were harmed.
    ``(3) If an amount certified under paragraph (2) is unsatisfactory 
to the person entitled thereto, such person shall be paid only 75 
percent of the amount and shall be entitled to sue the United States to 
recover such further sums as added to such payment of 75 percent will 
make such amount as will be just compensation described in paragraph 
(1)(A) or the cost of any harm described in paragraph (1)(B), as the 
case may be. Such suit shall be brought in the manner provided by 
section 1346 or section 1491 of title 28, United States Code.
    ``(4) The Commission shall promulgate regulations that contain--
            ``(A) a methodology for ascertaining the cost of harm under 
        paragraph (1)(B); and
            ``(B) a methodology that a provider of communications shall 
        use to determine how much of the amount required by paragraph 
        (2)(B) to be paid to customers of such provider who were harmed 
        shall be paid to each such customer.
    ``(5) A provider of communications by wire or radio may not charge 
a customer for reactivating, reconnecting, or taking any similar action 
with respect to any service or connection impacted by an action by the 
President under subsection (a), (b), (c), or (d).
    ``(6) In this subsection, the term `communications shutdown' means 
an intentional disruption of internet or other communications by wire 
or radio rendering such communications inaccessible or effectively 
unusable, for a specific population or within a specific location 
(which may include the entire population of the United States or the 
entire territory of the United States).''.
            (2) Deadline for regulations.--The Federal Communications 
        Commission shall promulgate the regulations required by 
        paragraph (4) of subsection (e) of section 706 of the 
        Communications Act of 1934, as amended by paragraph (1), not 
        later than 180 days after the date of the enactment of this 
        Act.
    (d) Conforming Amendments.--Section 706 of the Communications Act 
of 1934 is further amended--
            (1) in the second sentence of subsection (a), by inserting 
        ``(subject to subsection (i))'' after ``determine'';
            (2) in the first sentence of subsection (c), by inserting 
        ``(subject to subsection (i))'' after ``as he may see fit''; 
        and
            (3) in subsection (d), by striking ``and not later than 
        such earlier date as the Congress by concurrent resolution may 
        designate'' and inserting ``(but subject to subsection (i) with 
        respect to any particular action under this subsection during 
        such period)''.
    (e) Rule of Construction.--This section and the amendments made by 
this section shall not be construed to expand Presidential authorities 
existing as of the day before the date of the enactment of this Act.
                                 <all>