[Congressional Record Volume 163, Number 146 (Monday, September 11, 2017)]
[Senate]
[Pages S5169-S5170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SECURING ACCESS TO NETWORKS IN DISASTERS ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 31, S. 102.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 102) to direct the Federal Communications 
     Commission to commence proceedings related to the resiliency 
     of critical communications networks during times of 
     emergency, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Securing Access to Networks 
     in Disasters Act of 2017''.

     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--

[[Page S5170]]

       (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.''.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be considered and agreed to, 
the bill, as amended, be considered read a third time and passed, and 
the motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 102), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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