[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[House]
[Pages H2890-H2891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





              SECURING ACCESS TO NETWORKS IN DISASTERS ACT

  Mr. WALDEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3998) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3998

       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 ``Securing Access to Networks 
     in Disasters Act''.

     SEC. 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--
       (1) making telecommunications service provider-owned WiFi 
     access points, and other communications technologies 
     operating on unlicensed spectrum, available to the general 
     public for access to 911 services, without requiring any 
     login credentials, during times of emergency when mobile 
     service is unavailable;
       (2) the provision by non-telecommunications service 
     provider-owned WiFi access points of public access to 911 
     services during times of emergency when mobile service is 
     unavailable; and
       (3) other alternative means of providing the public with 
     access to 911 services during times of emergency when mobile 
     service is unavailable.

     SEC. 3. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING 
                   FEDERALLY DECLARED EMERGENCIES.

       Section 427(a)(1)(A) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 
     5189e(a)(1)(A)) is amended 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''.

     SEC. 4. DEFINITIONS.

       As used in this Act--
       (1) the term ``Commission'' means the Federal 
     Communications Commission;
       (2) the term ``mobile service'' means commercial mobile 
     service (as defined in section 332 of the Communications Act 
     of 1934 (47 U.S.C. 332)) or 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 ``WiFi access point'' means wireless Internet 
     access using the standard designated as 802.11 or any variant 
     thereof; and
       (4) the term ``times of emergency'' means either an 
     emergency as defined in section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122), or an emergency as declared by the governor of a State 
     or territory of the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. Walden) and the gentleman from New Jersey (Mr. Pallone) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. WALDEN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous materials in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, in late October of 2012, Superstorm Sandy, the largest 
Atlantic hurricane in recorded history, hit the Caribbean and 
Northeastern United States with devastating impact. Sandy caused an 
estimated $72 billion in damages in the United States and took 286 
lives.
  While the economic impact of the storm was massive in scope--homes 
and buildings damaged or destroyed, roads impassible or washed out 
altogether--the damage to power and communications infrastructure was 
particularly severe.
  Broadcasting, wireless and landline telephone services, broadband 
services, cable services all suffered disruptions and outages that 
lasted long after the storm's fury had passed. At a time when families 
struggled to find and reunite with loved ones, this only added to the 
confusion and, frankly, the panic.
  But beyond the impact on the personal communications that are needed 
to assuage the fears in the wake of a disaster, these outages also 
threatened the delivery of public safety messages and emergency 
response services. This put even more lives at risk, including those of 
the first responders--the men and women who race to save others--and 
made recovery that much more difficult.
  While our public safety and emergency response experts at all levels 
of government and the communications industry have implemented changes 
as a result of the lessons learned from Superstorm Sandy, there is more 
that must be done.
  Just a few weeks ago, the wireless industry--CTIA, together with 
AT&T, Sprint, T-Mobile, U.S. Cellular, and Verizon--announced the 
adoption of the Wireless Network Resiliency Cooperative Framework. This 
set of voluntary practices will provide consumers with access to 
wireless services even when their wireless provider's network goes 
down, will improve preparedness, and will speed the restoration of 
services.
  I would like to thank Ranking Member Pallone of New Jersey, whose 
district suffered so badly and so much from the effects of Sandy. His 
leadership and efforts led to the industry's voluntary adoption of this 
framework, and I commend the industry for its commitment and him for 
his work.
  The SANDy Act lets us build on that accomplishment, as there are some 
changes that only the government can make. This legislation makes what 
I believe is a commonsense change to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act to recognize not only wireline, but 
mobile telephone service and broadcast radio, broadcast television, 
cable service, and broadcast satellite service as essential services 
when we have an emergency.
  This change will ensure that providers of these critical services are 
not denied or impeded access to a disaster when they are trying to 
restore service. Without question, these services are critical to 
ensuring the safety and well-being of both those impacted by the 
disaster, but also those who are responding to that very disaster.
  In addition to expediting access for network restoration teams, this 
legislation also directs the FCC to study making the telecommunications 
service provider-owned WiFi access and other communications 
technologies operating on unlicensed spectrum available to access 911 
service when commercial mobile service is unavailable.
  We have an abundance of communications tools in the modern 
information economy. We should be looking at ways to leverage all of 
them during emergencies, and this report will do just that.
  I thank the ranking member for his work on this legislation, and I 
urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.

         Committee on Transportation and Infrastructure, House of 
           Representatives,
                                     Washington, DC, May 18, 2016.
     Hon. Fred Upton,
     Chairman, Committee on Energy and Commerce, Washington, DC.
       Dear Mr. Chairman: I write concerning H.R. 3998, the 
     Securing Access to Networks in Disasters Act, as ordered 
     reported by the Committee on Energy and Commerce. There are 
     certain provisions in the legislation that fall within the 
     Rule X jurisdiction of the Committee on Transportation and 
     Infrastructure.
       In order to expedite this legislation for Floor 
     consideration, the Committee will forgo action on this bill. 
     However, this is conditional on our mutual understanding that 
     forgoing consideration of the bill does not alter or diminish 
     the jurisdiction of the Committee with respect to the 
     appointment of conferees or to any future jurisdictional 
     claim over the subject matters contained in the bill or 
     similar legislation. I request you urge the Speaker to name 
     members of the Committee to any conference committee named to 
     consider such provisions.
       Please place a copy of this letter and your response 
     acknowledging our jurisdictional interest into the 
     Congressional Record during consideration of the measure on 
     the House Floor. I appreciate the Committee on Energy and 
     Commerce working with me to address my concerns.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                     Washington, DC, May 19, 2016.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Shuster: Thank you for your letter concerning 
     H.R. 3998, Securing Access to Networks in Disasters Act, as 
     ordered reported by the Committee on Energy

[[Page H2891]]

     and Commerce. As you noted, there are certain provisions in 
     the legislation that fall within the Rule X jurisdiction of 
     the Committee on Transportation and Infrastructure.
       I appreciate your willingness to forgo action on this bill 
     in order to expedite this legislation for Floor 
     consideration. I agree that forgoing consideration of this 
     bill does not alter or diminish the jurisdiction of the 
     Committee on Transportation and Infrastructure with respect 
     to the appointment of conferees or to any future 
     jurisdictional claim over the subject matters contained in 
     the bill or similar legislation. In addition, I will support 
     your request for the Speaker to name members of the Committee 
     to any conference committee named to consider such 
     provisions.
       I will place a copy of your letter and this response into 
     the Congressional Record during consideration of the measure 
     on the House Floor.
           Sincerely,
                                                       Fred Upton,
                                                         Chairman.

  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3998, Securing Access to 
Networks in Disasters, or SANDy, Act.
  Superstorm Sandy had a dramatic effect on my district back in New 
Jersey. We saw firsthand the importance of communications networks 
during an emergency.
  Broadcast and cable networks provide critical information to help us 
stay out of harm's way, and telecommunications networks are what makes 
sure we can call for help and keep track of our loved ones.
  Unfortunately, when Hurricane Sandy ripped through the Northeast, we 
could not rely on several of these systems when we needed them most. 
For instance, nearly one in four cell towers were knocked out. In some 
of the hardest hit areas of my State, as many as half of the towers 
went down. Many of them stayed down for weeks.
  That is why I have spent the past several years figuring out what 
went right and what went wrong. We learned about issues that have 
plagued our networks for at least a decade--not just during Sandy, but 
during Hurricane Katrina and other major disasters as well.
  The SANDy Act will take another step toward making that right. 
Specifically, the SANDy Act would recognize the important role that 
wireline and mobile telephone, Internet, radio and television 
broadcasting, and cable and satellite services play during emergencies.
  These communication providers need priority access to help them 
repair and maintain their communications equipment during disasters. 
But this bill is part of a larger effort to keep us safe in 
emergencies.
  As part of the lead-up to today, I worked, as my colleague said, with 
the Nation's largest wireless carriers and the Federal Communications 
Commission to pull together a voluntary framework to ensure the 
industry complies with the wireless provisions that were originally set 
forth in the SANDy Act.
  Most important, the framework makes sure that if one network goes 
down, its customers can access another network that is still 
operational. Everyone should be able to call for help as long as any 
signal is available.
  Mr. Speaker, this agreement will save lives during major emergencies 
in the future. I would like to thank the wireless carriers and the FCC 
for working with me to craft this comprehensive agreement, as well as 
Chairman Walden. Having these networks operational can mean the 
difference between life and death during an event like Superstorm 
Sandy.
  I urge all Members to support H.R. 3998, and I hope that once it 
passes the House today, the Senate will take up the measure and send it 
to the President.
  Mr. Speaker, I yield back the balance of my time.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is a fine piece of legislation. It is important, in 
moving ahead, to correct some things that need to be corrected, 
frankly, in terms of emergency communications during super emergencies.
  I urge passage of the bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. Walden) that the House suspend the rules and 
pass the bill, H.R. 3998, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. WALDEN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________