[Congressional Record Volume 166, Number 163 (Monday, September 21, 2020)]
[House]
[Pages H4611-H4613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DIRECTING FEDERAL COMMUNICATIONS COMMISSION TO ISSUE REPORTS AFTER 
          ACTIVATION OF DISASTER INFORMATION REPORTING SYSTEM

  Mr. McNERNEY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5918) to direct the Federal Communications Commission to 
issue reports after activation of the Disaster Information Reporting 
System and to make improvements to network outage reporting, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5918

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REPORTS AFTER ACTIVATION OF DISASTER INFORMATION 
                   REPORTING SYSTEM; IMPROVEMENTS TO NETWORK 
                   OUTAGE REPORTING.

       (a) Reports After Activation of Disaster Information 
     Reporting System.--
       (1) Preliminary report.--
       (A) In general.--Not later than 6 weeks after the 
     deactivation of the Disaster Information Reporting System 
     with respect to an event for which the System was activated 
     for at least 7 days, the Commission shall issue a preliminary 
     report on, with respect to such event and to the extent 
     known--
       (i) the number and duration of any outages of--

       (I) broadband internet access service;
       (II) interconnected VoIP service;
       (III) commercial mobile service; and
       (IV) commercial mobile data service;

       (ii) the approximate number of users or the amount of 
     communications infrastructure potentially affected by an 
     outage described in clause (i);
       (iii) the number and duration of any outages at public 
     safety answering points that prevent public safety answering 
     points from receiving emergency calls and routing such calls 
     to emergency service personnel; and
       (iv) any additional information determined appropriate by 
     the Commission.
       (B) Development of report.--The Commission shall develop 
     the report required by subparagraph (A) using information 
     collected by the Commission, including information collected 
     by the Commission through the System.
       (2) Public field hearings.--
       (A) Requirement.--Not later than 8 months after the 
     deactivation of the Disaster Information Reporting System 
     with respect to an event for which the System was activated 
     for at least 7 days, the Commission shall hold at least 1 
     public field hearing in the area affected by such event.
       (B) Inclusion of certain individuals in hearings.--For each 
     public field hearing held under subparagraph (A), the 
     Commission shall consider including--
       (i) representatives of State government, local government, 
     or Indian Tribal governments in areas affected by such event;
       (ii) residents of the areas affected by such event, or 
     consumer advocates;
       (iii) providers of communications services affected by such 
     event;
       (iv) faculty of institutions of higher education;
       (v) representatives of other Federal agencies;
       (vi) electric utility providers;
       (vii) communications infrastructure companies; and
       (viii) first responders, emergency managers, or 9-1-1 
     directors in areas affected by such event.
       (3) Final report.--Not later than 12 months after the 
     deactivation of the Disaster Information Reporting System 
     with respect to an event for which the System was activated 
     for at least 7 days, the Commission shall issue a final 
     report that includes, with respect to such event--
       (A) the information described under paragraph (1)(A); and
       (B) any recommendations of the Commission on how to improve 
     the resiliency of affected communications or networks 
     recovery efforts.
       (4) Development of reports.--In developing a report 
     required under this subsection, the Commission shall consider 
     information collected by the Commission, including 
     information collected by the Commission through the System, 
     and any public hearing described in paragraph (2) with 
     respect to the applicable event.
       (5) Publication.--The Commission shall publish each report, 
     excluding information that is otherwise exempt from public 
     disclosure under the rules of the Commission, issued under 
     this subsection on the website of the Commission upon the 
     issuance of such report.
       (b) Improvements to Network Outage Reporting.--Not later 
     than 1 year after the date of the enactment of this Act, the 
     Commission shall conduct a proceeding and, after public 
     notice and an opportunity for comment, adopt rules to--
       (1) determine the circumstances under which to require 
     service providers subject to the 9-1-1 regulations 
     established under part 9 of title 47, Code of Federal 
     Regulations, to submit a timely notification, (in an easily 
     accessible format that facilities situational awareness) to 
     public safety answering points regarding communications 
     service disruptions within the assigned territories of such 
     public safety answering points that prevent--
       (A) the origination of 9-1-1 calls;
       (B) the delivery of Automatic Location Information; or
       (C) Automatic Number Identification;
       (2) require such notifications to be made; and
       (3) specify the appropriate timing of such notification.
       (c) Definitions.--In this section:
       (1) Automatic location information; automatic number 
     identification.--The terms ``Automatic Location Information'' 
     and ``Automatic Number Identification'' have the meaning 
     given those terms in section 9.3 of title 47, Code of Federal 
     Regulations, or any successor regulation.
       (2) Broadband internet access service.--The term 
     ``broadband internet access service'' has the meaning given 
     such term in section 8.1(b) of title 47, Code of Federal 
     Regulations, or any successor regulation.
       (3) Commercial mobile service.--The term ``commercial 
     mobile service'' has the meaning given such term in section 
     332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
       (4) Commercial mobile data service.--The term ``commercial 
     mobile data service'' has the meaning given such term in 
     section 6001 of the Middle Class Tax Relief and Job Creation 
     Act of 2012 (47 U.S.C. 1401).
       (5) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (6) Indian tribal government; local government.--The terms 
     ``Indian Tribal government'' and ``Indian Tribal Government'' 
     have the meaning given those terms in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121).
       (7) Interconnected voip service.--The term ``interconnected 
     VoIP service'' has the meaning given such term in section 3 
     of the Communications Act of 1934 (47 U.S.C. 153).

[[Page H4612]]

       (8) Public safety answering point.--The term ``public 
     safety answering point'' has the meaning given such term in 
     section 222 of the Communications Act of 1934 (47 U.S.C. 
     222).
       (9) State.--The term ``State'' has the meaning given such 
     term in section 3 of the Communications Act of 1934 (47 
     U.S.C. 153).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McNerney) and the gentleman from Montana (Mr. 
Gianforte) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McNERNEY. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 5918.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McNERNEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to speak in support of H.R. 5918.
  In times of crisis, Americans rely on communications systems to stay 
informed, check on loved ones, and access emergency assistance. As the 
agency in charge of overseeing our Nation's communications systems, it 
is the responsibility of the FCC, the Federal Communications 
Commission, to ensure that Americans stay connected when it matters 
most and that the communications providers are prepared for whatever 
disasters may come their way.
  Keeping networks online through the course of a hurricane or a 
wildfire is a difficult task, but the fact of the matter is network 
outages occur far too frequently. That reality is due in large part to 
climate change. According to the National Climate Assessment, the 
recent trends of increasingly severe storms and disasters are only 
expected to continue.
  While we are not here asking the FCC or even the communications 
providers to solve the problem of climate change, we do expect them, as 
stewards of our communications systems and networks, to adapt with the 
times. To make progress in this regard we need to start with data.
  The Disaster Information Reporting System, or DIRS, was launched by 
the FCC in 2007 so that communications providers could report the 
status of communications systems during disasters. In some cases, DIRS 
is activated in advance of a potential storm or as a precautionary 
measure.
  In more extreme cases, DIRS is activated in the lead-up to a disaster 
and stays active for days on end. That is because a network can go on 
and offline even after a storm's end. It is usually a sign that the 
event is so severe that it knocks out commercial power, takes down 
lines and poles, or some combination of the two.
  Those are the storms that are expected to continue and grow with each 
year, and that is why this bill comes at a crucial time. Under this 
bill, the FCC would be required to conduct a deep and thorough analysis 
of any disaster or event for which DIRS is activated by the FCC and 
stays active for a minimum of 7 days.
  First, the FCC would be required to issue a preliminary report within 
6 weeks after the date DIRS is deactivated. This report would include 
detailed information about the number of outages, whether 
communications infrastructure was affected, and how many 911 centers 
were affected by service outages.
  This bill would then require the FCC to hold a field hearing no later 
than 8 months after the Commission deactivates DIRS. By requiring the 
FCC to get out of Washington and see and hear real stories on the 
ground, the FCC will get an opportunity to examine these events, the 
outages they cause, and how we can prevent them from happening in the 
future.
  Last week, the Subcommittee on Communications and Technology held a 
productive and informative FCC oversight hearing. At the hearing, 
Commissioner Jessica Rosenworcel stressed to the committee that we need 
to update our playbook for communications in disasters. She is right, 
and this bill is how we move forward to get that goal.
  We rely on our devices, and we count on having a signal or connection 
in our time of need. In fact, right now in California, folks are using 
their devices to track fast-moving wildfires, ready to drop everything 
and evacuate if there is an unexpected shift in the fire's path.
  In our world today, connectivity is not a luxury; it is essential to 
ensuring our collective safety. Often it can make a difference between 
life and death.
  I commend Representative Doris Matsui for her leadership on this 
bill, especially as her constituents and mine all across California 
continue to grapple with these fires.
  I also want to thank Ranking Member Walden and subcommittee Ranking 
Member Latta for working with us to move this bill through the Energy 
and Commerce Committee on a bipartisan basis. And, of course, I would 
like to thank Communications and Technology Subcommittee Chairman  Mike 
Doyle and full committee Chairman Frank Pallone for their leadership in 
getting us all there.
  This is a good bill that will help us make our communications systems 
more resilient in the future. I look forward to its consideration by 
the Senate and the President.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GIANFORTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 5918, the Emergency 
Reporting Act, which was introduced by Representatives Matsui, Eshoo, 
Thompson, and Huffman.
  Today's legislation will allow 911 centers across the country to have 
access to confidential information on potential 911 outages, subject to 
appropriate safeguards.
  In times of disaster, 911 public safety answering points do not 
always know that 911 calls may not be going through. The FCC currently 
collects information on the status of communications infrastructure and 
communications network outage information. They make that information 
available to the Department of Homeland Security to coordinate overall 
emergency response efforts within a State between State and local first 
responders.
  Given the sensitive nature of this data to both national security and 
commercial competitiveness, this information is confidential. However, 
as first responders work to ensure the 911 system can seamlessly get 
back online and route calls to neighboring call centers, access to this 
confidential information is important.

  This bill would help make timely outage information available to help 
first responders on the ground restore service as quickly as possible. 
The bill also requires the FCC to hold a field hearing in areas in 
which the Commission's Disaster Information Reporting System was 
activated for 7 or more days and to provide an initial and final report 
on the status of communications networks.
  The FCC only activates the DIRS system for significant natural 
disasters, such as Hurricane Sally or the wildfires out West. The bill 
limits these types of reports to only areas where damage was 
significant and sustained.
  This is an important bill to the resiliency of our public safety 
networks, and I urge my colleagues to support the measure.
  Mr. Speaker, I reiterate my support for this bill. I urge adoption, 
and I yield back the balance of my time.
  Mr. McNERNEY. Mr. Speaker, as California has grappled with 
devastating wildfires, we must do everything possible to help them stay 
connected during these events, when connectivity can mean the 
difference between life and death.
  H.R. 5918 is a critical part of this effort. I urge my colleagues to 
support it, and I yield back the balance of my time.
  Ms. ESHOO. Mr. Speaker, I rise in support of H.R. 5918, the Emergency 
Reporting Act.
  The human impacts of natural disasters are worsened when our 
communications infrastructure is not resilient, and this is an issue 
Californians know all too well.
  On October 28, 2019, 874 cell towers were out in California, caused 
by wildfires and power shutoffs. My constituents were worried they 
wouldn't be able to call 9-1-1 during emergencies, receive emergency 
alerts, download evacuation maps, or check-in on loved ones. This 
horrific situation led my good friend, Congresswoman Matsui, and me to 
work on this legislation.

[[Page H4613]]

  H.R. 5918, the Emergency Reporting Act, requires the Federal 
Communications Commission (FCC) to hold field hearings after disasters, 
issue preliminary and final reports about each disaster, and ensure 9-
1-1 centers know when outages will impact calls they may receive.
  Wildfires are becoming more intense and more frequent because of 
climate change, and this wildfire season is now a historic one, with 
the expected peak of the season yet to occur. Over a month ago a siege 
of lightning strikes ignited the CZU Lightning Complex fire in my 
congressional district, and it is now the tenth most destructive 
wildlife in California's history. The fire has destroyed nearly a 
thousand homes in my district and forced 77,000 of my constituents to 
evacuate.
  Last year, I asked FCC Chairman Ajit Pai to visit California and hold 
a field hearing following the fires and associated power shutoffs in 
California, and many of my colleagues from California did the same. The 
Chairman agreed to do so at the request of Republican Leader Kevin 
McCarthy. While Chairman Pai never visited California, learning about 
communications outages shouldn't be a matter of political pressure. At 
a Hearing of the House Subcommittee on Communications and Technology on 
September 17, 2020, I reissued my request of Chairman Pai to visit 
California and hear directly from the people impacted by the wildfires.
  We need to learn from every disaster, especially by listening to and 
learning from local public safety leaders, municipal, county, and state 
officials, and members of the communities impacted. This should be 
required.
  H.R. 5918 is critical legislation for Californians impacted by 
wildfires. It will also help those on the Gulf Coast victimized by 
hurricanes, Midwesterners who've had their communities destroyed by 
tornadoes, and those in the Northeast who have experienced far too many 
superstorms.
  The Emergency Reporting Act is important legislation, and I urge my 
colleagues to support it.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McNerney) that the House suspend the 
rules and pass the bill, H.R. 5918, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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