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[Senate Report 115-24]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 31

115th Congress    }                                  {    Report
                              SENATE                            
1st Session       }                                  {    115-24
_______________________________________________________________________

                                     

                                                        

         SECURING ACCESS TO NETWORKS IN DISASTERS ACT OF 2017

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 102

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    April 5 (legislative day April 4), 2017.--Ordered to be printed
    
    
    
    
    
                            _________ 
                                          
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
 69-010                  WASHINGTON : 2017       
    
    
    
    
    
    
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             first session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
 DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
 JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
 DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
 DEAN HELLER, Nevada                  CORY A. BOOKER, New Jersey
 JIM INHOFE, Oklahoma                 TOM UDALL, New Mexico
 MIKE LEE, Utah                       GARY PETERS, Michigan
 RON JOHNSON, Wisconsin               TAMMY BALDWIN, Wisconsin
 SHELLEY MOORE CAPITO, West           TAMMY DUCKWORTH, Illinois
    Virginia
 CORY GARDNER, Colorado               MARGARETWOODHASSAN,NewHampshire
 TODD C. YOUNG, Indiana               CATHERINE CORTEZ MASTO, Nevada
                       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
           
           

                                                        Calendar No. 31
                                                        
                                                        
115th Congress     }                                          {   Report
                                 SENATE
 1st Session       }                                          {    115-24

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

 
          SECURING ACCESS TO NETWORKS IN DISASTERS ACT OF 2017

                                _______
                                

    April 5 (legislative day, April 4), 2017.--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. 102]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 102) 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. 102 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 properties, 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. 102 would ensure 
that communications providers are able to access their 
facilities during emergencies on the same basis as providers of 
electrical power, natural gas, 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. 102 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 do the following: to 
provide reasonable arrangements for roaming during emergencies 
when technically feasible; foster mutual aid during 
emergencies; enhance municipal preparedness and restoration; 
increase consumer readiness and preparation; and 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

    S. 102 was introduced by Senators Cantwell, Booker, Nelson, 
Rubio, and Thune on January 11, 2017. On January 24, 2017, the 
Committee held an Executive Session during which S. 102 was 
considered. Senator Cantwell offered an amendment for herself 
and Senators Booker, Nelson, Rubio, and Thune. The amendment 
was adopted. The bill, as amended, was approved unanimously by 
voice vote and was ordered to be reported with an amendment (in 
the nature of a substitute).
    H.R. 588, a bill similar to S. 102, was introduced in the 
House of Representatives by Representative Frank Pallone (NJ) 
on January 17, 2017. The House of Representatives passed that 
bill, by voice vote, on January 23, 2017.
    In the 114th Congress, on June 29, 2016, during an 
Executive Session, the Committee ordered S. 2997 to be 
reported, by voice vote, with an amendment (in the nature of a 
substitute). The Committee reported version of S. 2997, which 
was introduced by Senators Cantwell, Booker, and Schumer, is 
identical to S. 102 as it was introduced in the 115th Congress. 
A similar piece of legislation, H.R. 3998, was introduced by 
Representative Frank Pallone on November 16, 2015. 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. 102--Securing Access to Networks in Disasters Act of 2017

    S. 102 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. 102 would direct the Government 
Accountability Office (GAO) to study ways the federal 
government could increase the resiliency of essential 
communication services during emergencies.
    Based on an analysis of information from 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. However, the FCC is authorized to collect fees 
sufficient to offset the costs of its regulatory activities 
each year; therefore, CBO estimates that the net effect on 
discretionary spending would be negligible, assuming 
appropriation actions consistent with that authority. Based on 
the costs of similar reports prepared by GAO, CBO estimates 
that the increased costs to GAO to conduct the required study 
would be insignificant.
    Enacting S. 102 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 102 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 102 contains no intergovernmental or private sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    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. 102 should be 
consistent with the current levels of persons impacted under 
the provisions that are addressed in the bill.

                            economic impact

    S. 102 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 2017.''

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 the date of enactment of this Act, 
to submit to Congress and make publicly available on the FCC's 
website a study on the public safety benefits, 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 the following: 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 
such issues as 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 the date of 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.
```