[House Report 116-522]
[From the U.S. Government Publishing Office]


116th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 116-522

======================================================================
 
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

                                _______
                                

 September 18, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5918]

    The Committee on Energy and Commerce, to whom was referred 
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, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................3
 II. Background and Need for the Legislation..........................3
III. Committee Hearings...............................................5
 IV. Committee Consideration..........................................5
  V. Committee Votes..................................................5
 VI. Oversight Findings...............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures6
VIII.Federal Mandates Statement.......................................6

 IX. Statement of General Performance Goals and Objectives............6
  X. Duplication of Federal Programs..................................6
 XI. Committee Cost Estimate..........................................6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......6
XIII.Advisory Committee Statement.....................................6

XIV. Applicability to Legislative Branch..............................6
 XV. Section-by-Section Analysis of the Legislation...................7
XVI. Changes in Existing Law Made by the Bill, as Reported............8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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).
          (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).

                         I. PURPOSE AND SUMMARY

    H.R. 5918, ``A bill 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,'' was introduced on February 14, 
2020, by Rep. Matsui (D-CA), Rep. Eshoo (D-CA), Rep. Thompson 
(D-CA), and Rep. Huffman (D-CA), and referred to the Committee 
on Energy and Commerce. H.R. 5918 would require the Federal 
Communications Commission (FCC) to issue reports and hold at 
least one field hearing when the Disaster Information Reporting 
System (DIRS) has been active for at least seven days. H.R. 
5918 would also require the FCC to conduct a proceeding to 
improve sharing of network outage information between 
communications service providers and public safety answering 
points (PSAPs).

                II. BACKGROUND AND NEED FOR LEGISLATION

    Americans depend on communications networks to contact 
loved ones and access critical emergency services and 
information in times of crisis--particularly during natural 
disasters and emergencies. In recent years, communications 
systems have been pressed to meet increasing challenges as 
natural disasters have grown in size and severity.\1\ FCC data 
show that the number of reported wireless outages caused by a 
physical incident, for example, increased from 189 in 2009 to 
1,079 in 2016.\2\
---------------------------------------------------------------------------
    \1\UCNBC, ``The most dangerous places to live in America are prone 
to natural disasters'' (July 2019).
    \2\Government Accountability Office, FCC Should Improve Monitoring 
of Industry Efforts to Strengthen Wireless Network Resiliency (Dec. 
2017) (GAO-18-198).
---------------------------------------------------------------------------
    The Communications Act of 1934, as amended, requires the 
FCC to promote the safety of life and property through the use 
of wire and radio communication.\3\ In furtherance of that 
responsibility, the FCC's Public Safety and Homeland Security 
Bureau launched DIRS in 2007 as a tool for communications 
providers to report the status of communications systems during 
disasters, such as hurricanes, wildfires, and earthquakes.\4\
---------------------------------------------------------------------------
    \3\47 U.S.C. Sec. 151 et seq.
    \4\Federal Communications Commission, The FCC's Public Safety and 
Homeland Security Bureau Launches Disaster Information Reporting System 
(DIRS), Public Notice, DA 07-3871 (Sept. 11, 2007).
---------------------------------------------------------------------------
    Providers of wireless, wireline, broadcast, cable, Voice 
over Internet Protocol (VoIP), and satellite communications 
services participate in DIRS on a voluntary basis and submit 
information such as the status of communications equipment and 
infrastructure, restoration efforts, availability of primary 
and backup power, and access to fuel.\5\ While DIRS is an 
important tool for monitoring and responding to network outages 
and disruptions during disasters, the information submitted by 
providers, combined with more granular assessments of disaster 
events by the FCC in the aftermath of an event, can be valuable 
for identifying recommendations to make communications systems 
more resilient in advance of future disasters.
---------------------------------------------------------------------------
    \5\ Federal Communications Commission, The FCC's Public Safety and 
Homeland Security Bureau Launches Disaster Information Reporting System 
(DIRS), Public Notice, DA 07-3871 (Sept. 11, 2007).
---------------------------------------------------------------------------
    Although information submitted by providers is treated as 
confidential by the FCC for both national security and 
competitive reasons, DIRS is designed in such a way so that 
Federal agencies ``with a need to know'' can access the 
information.\6\
---------------------------------------------------------------------------
    \6\Federal Communications Commission, The Disaster Information 
Reporting System and the Status of Communications Systems in Disasters 
(Aug. 11, 2010) (blog) (www.fcc.gov/news-events/blog/2010/08/11/
disaster-information-reporting-system-and-status-communications-
systems).
---------------------------------------------------------------------------
    Some non-Federal entities have raised concerns, however, 
that the current lack of access to outage information from 
communications providers impedes their ability to fulfill their 
own responsibilities to promote safety of life and property and 
have petitioned the Commission to improve sharing of outage 
information. Certain local authorities, particularly PSAPs 
(also known as emergency communications centers), are routinely 
limited to monitoring social media or ad hoc communications 
with neighboring PSAPs when there are suspected outages to 
networks in the areas they serve.\7\ Given that PSAPs 
frequently handle sensitive and non-public information in the 
course of serving the public, the Committee believes that with 
the proper safeguards established by the Commission, sharing 
outage information with PSAPs presents little to no risk from 
either a competitive or national security standpoint.
---------------------------------------------------------------------------
    \7\See Letter from Jeffrey S. Cohen, APCO, to Marlene H. Dortch, 
Secretary, Federal Communications Commission, Notice of Ex Parte, PS 
Docket Nos. 07-114, 18-261, 17-239, 11-60, ET Docket No. 18-295, GN 
Docket Nos. 17-183, 11-117 (Jul. 26, 2019).
---------------------------------------------------------------------------

                        III. COMMITTEE HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 5918:
    The Subcommittee on Communications and Technology held a 
legislative hearing on February 27, 2020, entitled, 
``Strengthening Communications Networks to Help Americans in 
Crisis.'' The Subcommittee received testimony from the 
following witnesses:
     Matthew Gerst, Vice President, Regulatory Affairs, 
CTIA
     Sue Ann Atkerson, CEO, Behavioral Health Link
     Anthony Gossner, Fire Chief, City of Santa Rosa 
(Calif.)
     Joseph Torres, Senior Director of Strategy and 
Engagement, Free Press and Free Press Action
     Daniel Henry, Regulatory Counsel and Director of 
Government Affairs, National Emergency Number Association
     Allen F. Bell, Distribution Manager, Georgia Power 
Company

                      IV. COMMITTEE CONSIDERATION

    Representatives Matsui (D-CA), Eshoo (D-CA), Thompson (D-
CA) and Huffman (D-CA) introduced H.R. 5918, the ``Emergency 
Reporting Act of 2020'', on February 14, 2020, and the bill was 
referred to the Committee on Energy and Commerce. Subsequently, 
H.R. 5918 was referred to the Subcommittee on Communications 
and Technology on February 18, 2020. A legislative hearing was 
held on the bill on February 27, 2020.
    On March 10, 2020, the Subcommittee on Communications and 
Technology met in open markup session, pursuant to notice, to 
consider H.R. 5918. No amendments were offered during 
consideration of the bill. The Subcommittee on Communications 
and Technology then agreed to a motion by Mr. Doyle, Chairman 
of the subcommittee, to favorably forward H.R. 5918, without 
amendment, by a voice vote to the full Committee on Energy and 
Commerce.
    On July 15, 2020, the full Committee met in virtual open 
markup session, pursuant to notice, to consider the bill H.R. 
5918. During consideration of the bill, an amendment in the 
nature of a substitute offered by Mr. Bilirakis of Florida was 
agreed to by a voice vote. Upon conclusion of consideration of 
the bill, the full Committee agreed to a motion on final 
passage by Mr. Pallone, Chairman of the committee, to order 
H.R. 5918 reported favorably to the House, amended, by a voice 
vote, a quorum being present.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
5918, including the motion for final passage of the bill.

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to improve 
assessments of network outages and service disruptions by the 
FCC following disasters, and to improve network outage 
information sharing between communications service providers 
and PSAPs.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 5918 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 5918 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Reports after activation of disaster information reporting 
        system; Improvements to network outage reporting

    Subsection (a) directs the Federal Communications 
Commission to take certain actions following instances in which 
DIRS is activated for at least seven days. First, the FCC is 
required to issue a preliminary report not later than six weeks 
following the deactivation of DIRS that includes information on 
the number and duration of network outages for broadband 
internet access service, VoIP service, commercial mobile 
service, and commercial mobile data service. The preliminary 
report should also include the approximate number of consumers 
and amount of communications infrastructure that may have been 
affected by the event, as well as the number and duration of 
any outages at public safety answering points.
    Subsection (a) also requires the FCC to hold at least one 
field hearing in the area affected by a disaster, where DIRS 
was active for at least seven days, not later than eight months 
following deactivation of DIRS. This subsection directs the FCC 
to consider inviting individuals affected by the disaster to 
participate in the hearing, including State, local, or Tribal 
government representatives, residents or consumer advocates, 
communications service providers, faculty of higher education 
institutions, representatives of other Federal agencies, 
electric utility providers, communications infrastructure 
companies, and first responders, emergency managers, and 9-1-1 
directors in the affected area.
    The FCC is then required to issue a final report on the 
disaster or event not later than one year from the date DIRS is 
deactivated. The final report should include all outage 
information included in the preliminary report, as well as 
information that tracks network restoration efforts over the 
year following the event and any recommendations to improve the 
resiliency of communications systems based on the FCC's 
findings.
    Subsection (b) directs the Commission to conduct a 
proceeding within one year of enactment to determine the 
circumstances under which communications service providers are 
required to notify public safety answering points of network 
outages or disruptions to communications service as they occur. 
The Commission should conduct the proceeding to facilitate 
timely notification by communications service providers to 
public safety answering points of ongoing network outages or 
service disruptions within the jurisdiction of a given public 
safety answering point.
    Subsection (c) provides definitions for the terms Automatic 
Location Information, Automatic Number Identification, 
broadband internet access service, commercial mobile service, 
commercial mobile data service, Commission, Indian Tribal 
government, interconnected VoIP service, public safety 
answering point, and State.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H.R. 
5918.

                                  [all]