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[Senate Report 114-392]
[From the U.S. Government Publishing Office]

						Calendar No. 702

114th Congress }					{ Report
 2d Session    }                  SENATE                { 114-392
_______________________________________________________________________
                              
   
          SECURING ACCESS TO NETWORKS IN DISASTERS ACT OF 2016

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2997

[GRAPHIC) NOT AVAILABLE IN TIFF FORMAT]

                December 6, 2016.--Ordered to be printed
                
                
                               ____________
                
                
                
                      U.S. GOVERNMENT PUBLISHING OFFICE
                      
                            WASHINGTON : 2016
                
_____________________________________________________________________________________                
 
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                 
                 
                 
                 
						Calendar No. 702

114th Congress }					{ Report
 2d Session    }                  SENATE                { 114-392
_______________________________________________________________________
  

 
          SECURING ACCESS TO NETWORKS IN DISASTERS ACT OF 2016

                                _______
                                

                December 6, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2997]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2997) to direct the Federal 
Communications Commission to commence proceedings related to 
the resiliency of critical telecommunications networks during 
times of emergency, and for other purposes, having considered 
the same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

    The purpose of S. 2997 is to improve the availability of 
critical communications services for Americans during an 
emergency. The bill would ensure telephone, Internet, 
broadcasting, cable, and satellite television providers have 
access to facilities during an emergency in order to maintain 
and repair these essential communication services. The bill 
also would direct the Federal Communications Commission (FCC) 
to study the public safety benefits and technical feasibility 
of alternative means of contacting 9-1-1 services during times 
of emergency when mobile service is unavailable.

                          Background and Needs

    During an emergency such as a natural disaster, severe 
storm, or act of terrorism, communications services can be 
disrupted. Such disruption can limit the ability of citizens to 
protect their lives and property, degrade critical 9-1-1 
operations, limit the dissemination of timely information to 
the public, and impact the efforts of first responders.
    The challenges of rapidly restoring essential communication 
services and the opportunity to improve their resiliency have 
received increased attention in recent years, including as a 
result of Hurricane Sandy in 2012. By some estimates, nearly 25 
percent of cellular sites in the path of Hurricane Sandy were 
disabled.\1\ In the counties hardest hit by that hurricane, 
more than half of the cellular sites were impaired. The impact 
of these outages varied among particular wireless providers and 
subscribers, as did the ability of providers to access damaged 
infrastructure to restore services.
    Emergencies can still impact communications networks even 
in situations where those emergencies do not affect the 
infrastructure necessary for those communications services. For 
example, wireless networks can become overloaded with calls 
during an emergency, rendering them ineffective at connecting 
those calls and providing workable broadband access. Some have 
suggested that these limitations on wireless networks can be 
overcome through the use of WiFi networks, both open access 
networks and others made available and open in response to the 
emergency situation.\2\
    In an attempt to address these issues, S. 2997 would ensure 
that communications providers are able to access their 
facilities during emergencies on the same basis as providers of 
electrical power, natural gas, and water and sewer services. 
Because some communications service disruption is likely 
unavoidable in major emergencies, the bill also would direct 
the FCC to study alternative means of contacting 9-1-1 when 
mobile service is unavailable. Further, S. 2997 would recognize 
the importance of cooperation and consumer education among and 
by wireless providers through a sense of Congress.
    On April 27, 2016, the Nation's five largest wireless 
providers announced a voluntary initiative, called the 
``Wireless Network Resiliency Cooperative Framework,'' to 
develop and implement network resiliency, emergency 
preparation, and recovery initiatives to sustain wireless 
communications during and after emergencies.\3\ In committing 
to the framework, the providers agreed: to provide reasonable 
arrangements for roaming during emergencies when technically 
feasible; to foster mutual aid during emergencies; to enhance 
municipal preparedness and restoration; to increase consumer 
readiness and preparation; and to improve public awareness and 
stakeholder communications on service and restoration status by 
supporting the FCC making data regarding the total number of 
cell sites out of service, calculated consistent with 
established Disaster Information Reporting System practices, 
publicly available on the FCC's website.

---------------------------------------------------------------------------
    \1\Testimony of Federal Communications Commission (FCC) Chairman 
Julius Genachowski, Superstorm Sandy FCC Field Hearing, New York, NY, 
and Hoboken, NJ, February 5, 2013, at http://transition.fcc.gov/Daily--
Releases/Daily--Business/2013/db0205/DOC-318754A1.pdf.
    \2\FCC, Notice of proposed rulemaking 13-125, September 27, 2013, 
at https://apps.fcc.gov/edocs--public/attachmatch/FCC-13-125A1--
Rcd.pdf.
    \3\Cellular Telephone Industries Association (CTIA), ``CTIA & 
Pallone Announce `Wireless Network Resiliency Cooperative Framework' 
for Disasters and Emergencies,'' April 27, 2016, at, http://
www.ctia.org/resource-library/press-releases/archive/wireless-network-
resiliency-cooperative-framework.
---------------------------------------------------------------------------

                          Legislative History

    On May 26, 2016, Senator Cantwell introduced S. 2997 with 
Senators Booker and Schumer as original cosponsors. Senators 
Nelson, Rubio, and Thune are additional cosponsors.
    On June 29, 2016, the Committee held an Executive Session 
during which S. 2997 was considered. The bill was approved 
unanimously by voice vote and was ordered to be reported 
favorably, as amended by Senators Cantwell, Booker, Schumer, 
and Nelson, with an amendment (in the nature of a substitute).
    Similar legislation, H.R. 3998, was introduced by 
Representative Frank Pallone on November 16, 2015, in the House 
of Representatives. A legislative hearing on that bill was held 
by the Subcommittee on Communications and Technology of the 
Committee on Energy and Commerce of the House of 
Representatives on April 13, 2016. On April 28, 2016, the 
Committee on Energy and Commerce ordered H.R. 3998 reported, as 
amended, by voice vote. The House of Representatives passed 
that bill on May 23, 2016, by a vote of 389 to 2.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2997--Securing Access to Networks in Disasters Act of 2016

    S. 2997 would direct the Federal Communications Commission 
(FCC) to study ways to enhance access to telecommunications 
services during emergencies when mobile service is unavailable. 
The bill also would redefine the term ``essential service 
provider'' to explicitly include certain telecommunication 
mediums, such as Internet and cable services, in a list of 
entities that provide essential services. (Providers of 
essential services are generally provided access to disaster 
sites in order to restore and repair services during emergency 
situations.) Finally, S. 2997 would direct the General 
Accountability Office (GAO) to study ways the federal 
government could increase the resiliency of essential 
communication services during emergencies.
    On the basis of information provided by the FCC, CBO 
estimates that carrying out the analysis required by the bill 
would increase the agency's administrative costs by less than 
$500,000; such spending would be subject to the availability of 
appropriated funds. Under current law, the FCC is authorized to 
collect fees sufficient to offset the cost of its regulatory 
activities each year. Therefore, CBO estimates that the net 
cost to implement those provisions would be negligible, 
assuming appropriation actions consistent with the agency's 
authorities. Based on the costs of similar reports conducted by 
GAO, CBO estimates that the increased costs to GAO to conduct 
the required study would be insignificant.
    Enacting S. 2997 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 2997 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    S. 2997 contains no intergovernmental or private-sector 
mandate as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On June 8, 2016, CBO transmitted a cost estimate for H.R. 
3998, the Securing Access to Networks in Disasters Act, as 
passed by the House of Representatives on May 23, 2016. The two 
pieces of legislation are similar and CBO's estimate of their 
budgetary effects are the same.
    The CBO staff contact for this estimate is Stephen Rabent. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    The number of persons covered by S. 2997 should be 
consistent with the current levels of persons impacted under 
the provisions that are addressed in the bill.

                            economic impact

    S. 2997 is not expected to have an adverse impact on the 
Nation's economy.

                                privacy

    The bill is not expected to have an adverse effect on the 
personal privacy of any individuals.

                               paperwork

    The Committee does not anticipate an increase in paperwork 
burdens resulting from the passage of this legislation.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title.

    This section would provide that the Act may be cited as the 
``Securing Access to Networks in Disasters Act of 2016.''

Section 2. Sense of Congress.

    This section would provide the sense of Congress that the 
voluntary policies outlined in the Wireless Network Resiliency 
Cooperative Framework should be adhered to by all parties.

Section 3. Securing access to networks in disasters.

    Subsection (a) of this section would define the terms 
``Commission'', ``mobile service'', ``times of emergency'', and 
``WiFi access points'' for purposes of the section.
    Subsection (b) of this section would require the FCC, no 
later than 36 months after enactment, to submit to Congress and 
make publicly available on the FCC's website a study on the 
public safety benefits and technical feasibility and cost of 
alternative means of providing the public with access to 9-1-1 
services during times of emergency when mobile service is 
unavailable. Specific alternative means of access to study 
would be: 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; and the provision by non-telecommunications service 
provider-owned WiFi access points of public access to 9-1-1 
services. In conducting the study, the FCC would be required to 
consider issues, including communications network provider 
liability, the operational security of communications networks, 
and existing actions or authorities in and among the States.
    Subsection (c) of this section would require the Government 
Accountability Office (GAO) to report, no later than 18 months 
after enactment, on how Executive departments, as defined in 
that subsection, can better ensure essential communications 
services remain operational during times of emergency. The 
report would include, if appropriate, any legislative matters 
Congress could consider to help promote communications 
resiliency. Further, the GAO would study 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. 
In studying whether such a directory is needed, the GAO would 
be required to consider: any similar directories that exist, 
including their effectiveness; how such a directory could be 
established and updated, including what types of information 
would be most useful for such a directory; how to adequately 
ensure the confidentiality of sensitive information and the 
security of services included in such a directory; and the 
resources necessary to establish and maintain such a directory.
    Subsection (d) of this section would amend section 427 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5189e) to include providers of ``wireline or 
mobile telephone service, Internet access service, radio or 
television broadcasting, cable service, or direct broadcast 
satellite service'' in that Act's definition of ``essential 
service providers''. The subsection further would add a new 
subsection (d) to section 427 that directs the President, 
acting through the Federal Emergency Management Agency, to 
encourage the adoption of mutual aid agreements that recognize 
the credentials of essential service providers issued by all 
parties to such agreements.
    Subsection (e) of this section would amend section 
403(a)(3) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170b(a)(3)) to authorize 
Federal agencies, on the direction of the President, to provide 
assistance essential to meeting immediate threats to life and 
property resulting from a major disaster by 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.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

     ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

                           [42 U.S.C. 5189e]

SEC. 403. ESSENTIAL ASSISTANCE.

                           [42 U.S.C. 5170b]

  (a) In General.--Federal agencies may on the direction of the 
President, provide assistance essential to meeting immediate 
threats to life and property resulting from a major disaster, 
as follows:
          (1) Federal resources, generally.--Utilizing, 
        lending, or donating to State and local governments 
        Federal equipment, supplies, facilities, personnel, and 
        other resources, other than the extension of credit, 
        for use or distribution by such governments in 
        accordance with the purposes of this Act.
          (2) Medicine, food, and other consumables.--
        Distributing or rendering through State and local 
        governments, the American National Red Cross, the 
        Salvation Army, the Mennonite Disaster Service, and 
        other relief and disaster assistance organizations 
        medicine durable medical equipment,,\1\ food, and other 
        consumable supplies, and other services and assistance 
        to disaster victims.
---------------------------------------------------------------------------
    \1\ So in original. The extra comma probably should follow 
``medicine''.
---------------------------------------------------------------------------
          (3) Work and services to save lives and protect 
        property.--Performing on public or private lands or 
        waters any work or services essential to saving lives 
        and protecting and preserving property or public health 
        and safety, including--
                  (A) debris removal;
                  (B) search and rescue, emergency medical 
                care, emergency mass care, emergency shelter, 
                and provision of food, water, medicine durable 
                medical equipment,,\2\ and other essential 
                needs, including movement of supplies or 
                persons;
---------------------------------------------------------------------------
    \2\ So in original. The extra comma probably should follow 
``medicine''.
---------------------------------------------------------------------------
                  (C) clearance of roads and construction of 
                temporary bridges necessary to the performance 
                of emergency tasks and essential community 
                services;
                  (D) provision of temporary facilities for 
                schools and other essential community services;
                  (E) demolition of unsafe structures which 
                endanger the public;
                  (F) warning of further risks and hazards;
                  (G) dissemination of public information and 
                assistance regarding health and safety 
                measures;
                  (H) provision of technical advice to State 
                and local governments on disaster management 
                and control;
                  (I) reduction of immediate threats to life, 
                property, and public health and safety; [and]
                  (J) provision of rescue, care, shelter, and 
                essential needs--
                          (i) to individuals with household 
                        pets and service animals; and
                          (ii) to such pets and animals[.]; and
                  (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.
          (4) Contributions.--Making contributions to State or 
        local governments or owners or operators of private 
        nonprofit facilities for the purpose of carrying out 
        the provisions of this subsection.

           *       *       *       *       *       *       *

SEC. 427. ESSENTIAL SERVICE PROVIDERS.

                           [42 U.S.C. 5189e]

  (a) Definition.--In this section, the term ``essential 
service provider'' means an entity that--
          (1) provides--
                  (A) [telecommunications service] wireline or 
                mobile telephone service, Internet access 
                service, radio or television broadcasting, 
                cable service, or direct broadcast satellite 
                service;
                  (B) electrical power;
                  (C) natural gas;
                  (D) water and sewer services; or
                  (E) any other essential service, as 
                determined by the President;
          (2) is--
                  (A) a municipal entity;
                  (B) a nonprofit entity; or
                  (C) a private, for profit entity; and
          (3) is contributing to efforts to respond to an 
        emergency or major disaster.
  (b) Authorization for accessibility. Unless exceptional 
circumstances apply, in an emergency or major disaster, the 
head of a Federal agency, to the greatest extent practicable, 
shall not--
          (1) deny or impede access to the disaster site to an 
        essential service provider whose access is necessary to 
        restore and repair an essential service; or
          (2) impede the restoration or repair of the services 
        described in subsection (a)(1).
  (c) Implementation.--In implementing this section, the head 
of a Federal agency shall follow all applicable Federal laws, 
regulations, and policies.
  (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.

                                  [all]
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