Securing Access to Networks in Disasters Act of 2017

Summary: (This measure has not been amended since it was reported to the Senate on April 5, 2017.  Securing Access to Networks in Disasters Act of 2017 (Sec. 2) This bill expresses 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. The framework is a voluntary initiative announced by wireless providers and the CTIA after receiving recommendations from government-private sector partnerships including the Federal Communications Commission's (FCC's) Communications Security, Reliability and Interoperability Council and the CTIA's Business Continuity and Disaster Recovery Certification Program. (Sec. 3) The bill requires the FCC to publish a study on the public safety benefits, technical feasibility, and cost of providing the public with emergency access to 9-1-1 services, when mobile service is unavailable during certain presidentially declared emergencies or major disasters or during gubernatorially declared emergencies, through:  telecommunications service provider-owned WiFi access points and other communications technologies operating on unlicensed spectrum, without requiring any login credentials;  non-telecommunications service provider-owned WiFi access points; and  other alternative means.  The Government Accountability Office must report on: (1) how executive departments can better ensure that essential communications services remain operational during emergencies, (2) any legislative matters Congress could consider to help promote the resiliency of essential communications services, and (3) 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. The Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended to expand the categories of essential communications service providers that may access a disaster site to restore and repair essential services in an emergency or major disaster without being denied or impeded by a federal agency. Services to be considered essential are wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service. The Federal Emergency Management Agency (FEMA) must encourage the adoption of mutual aid agreements recognizing the credentials of essential service providers issued by all parties to such an agreement. At the direction of the President, federal agencies may provide assistance essential to meeting immediate threats to life and property resulting from a major disaster by allowing access to essential service providers for establishing temporary, or restoring, communications services.

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.''.

            Passed the Senate September 11, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                 S. 102

_______________________________________________________________________

                                 AN ACT

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.