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[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
```