[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 102 Reported in Senate (RS)]
<DOC>
Calendar No. 31
115th CONGRESS
1st Session
S. 102
[Report No. 115-24]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 11, 2017
Ms. Cantwell (for herself, Mr. Booker, Mr. Thune, Mr. Rubio, Mr.
Nelson, and Mr. Menendez) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
April 5 (legislative day, April 4), 2017
Reported by Mr. Thune, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Securing Access to Networks
in Disasters Act of 2017''.</DELETED>
<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 3. SECURING ACCESS TO NETWORKS IN DISASTERS.</DELETED>
<DELETED> (a) Definitions.--In this section--</DELETED>
<DELETED> (1) the term ``Commission'' means the Federal
Communications Commission;</DELETED>
<DELETED> (2) the term ``mobile service'' means--</DELETED>
<DELETED> (A) commercial mobile service (as defined
in section 332 of the Communications Act of 1934 (47
U.S.C. 332)); or</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (3) the term ``times of emergency'' means--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) an emergency as declared by the
Governor of a State or territory of the United States;
and</DELETED>
<DELETED> (4) the term ``WiFi access points'' means wireless
Internet access using the standard designated as 802.11 or any
variant thereof.</DELETED>
<DELETED> (b) FCC Study on Alternative Access to 9-1-1 Services
During Times of Emergency.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) other alternative means of providing
the public with access to 9-1-1 services during times
of emergency when mobile service is
unavailable.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Directory.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Commission shall create a
master point of contact directory to provide for effective
communication between public safety answering points and
telecommunications service providers.</DELETED>
<DELETED> (2) Confidentiality.--The directory established
under this subsection shall be available to telecommunications
service providers and public safety answering points on a
confidential basis.</DELETED>
<DELETED> (3) Exemption from paperwork reduction act
requirements.--In establishing the directory under this
subsection, the Commission shall be exempted from chapter 35 of
title 44, United States Code (commonly known as the ``Paperwork
Reduction Act'').</DELETED>
<DELETED> (d) GAO Study and Report.--</DELETED>
<DELETED> (1) Definitions.--In this subsection--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the term ``Executive departments'' has
the meaning given the term in section 101 of title 5,
United States Code.</DELETED>
<DELETED> (2) Study.--The Comptroller General of the United
States shall conduct a study on--</DELETED>
<DELETED> (A) how Executive departments can better
ensure essential communications services remain
operational during times of emergency; and</DELETED>
<DELETED> (B) any legislative matters, if
appropriate, Congress could consider to help promote
the resiliency of essential communications
services.</DELETED>
<DELETED> (3) 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).</DELETED>
<DELETED> (e) 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (f) 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--</DELETED>
<DELETED> (1) in subparagraph (I), by striking ``and'' at
the end;</DELETED>
<DELETED> (2) in subparagraph (J), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
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--
(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.''.
Calendar No. 31
115th CONGRESS
1st Session
S. 102
[Report No. 115-24]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
April 5 (legislative day, April 4), 2017
Reported with an amendment