Emergency Reporting Act
Bill: S.390 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: Science, Technology, Communications

Summary:
Emergency Reporting Act
This bill requires the Federal Communications Commission (FCC) to report on certain activations of the Disaster Information Reporting System (the system through which communications providers report their operational status during times of crisis) and to adopt specified rules related to network outage reporting.
If the system was activated for at least seven days, the FCC must issue a preliminary a report that includes (1) the number and duration of any service outages, (2) the approximate number of users or the amount of infrastructure potentially affected by a service outage, and (3) the number and duration of any outages at public safety answering points (PSAPs) that prevent the PSAPs from receiving and routing emergency calls to emergency service personnel. The FCC must also hold at least one public field hearing in the area affected by the event, and it must issue a final report that includes recommendations on how to improve the resiliency of affected communications or networks recovery efforts.
The FCC must also determine the circumstances under which it shall require certain service providers to notify a PSAP of a communications service disruption that prevents the origination of 9–1–1 calls or the delivery of information that allows the PSAP to identify the number of or locate a 9–1–1 caller. Further, the FCC must require this notification to be made and specify the appropriate timing of the notification.

To direct the Federal Communications Commission to issue reports after 
  activation of the Disaster Information Reporting System and to make 
               improvements to network outage reporting.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Reporting Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Automatic location information; automatic number 
        identification.--The terms ``Automatic Location Information'' 
        and ``Automatic Number Identification'' have the meaning given 
        those terms in section 9.3 of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (2) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given 
        such term in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (3) Commercial mobile service.--The term ``commercial 
        mobile service'' has the meaning given such term in section 
        332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
            (4) Commercial mobile data service.--The term ``commercial 
        mobile data service'' has the meaning given such term in 
        section 6001 of the Middle Class Tax Relief and Job Creation 
        Act of 2012 (47 U.S.C. 1401).
            (5) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (6) Indian tribal government; local government.--The terms 
        ``Indian Tribal government'' and ``Indian Tribal Government'' 
        have the meaning given those terms in section 102 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121).
            (7) Interconnected voip service.--The term ``interconnected 
        VoIP service'' has the meaning given such term in section 3 of 
        the Communications Act of 1934 (47 U.S.C. 153).
            (8) Public safety answering point.--The term ``public 
        safety answering point'' has the meaning given such term in 
        section 222 of the Communications Act of 1934 (47 U.S.C. 222).
            (9) State.--The term ``State'' has the meaning given such 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).

SEC. 3. REPORTS AFTER ACTIVATION OF DISASTER INFORMATION REPORTING 
              SYSTEM; IMPROVEMENTS TO NETWORK OUTAGE REPORTING.

    (a) Reports After Activation of Disaster Information Reporting 
System.--
            (1) Preliminary report.--
                    (A) In general.--Not later than 6 weeks after the 
                deactivation of the Disaster Information Reporting 
                System with respect to an event for which the System 
                was activated for not less than 7 days, the Commission 
                shall issue a preliminary report on, with respect to 
                such event and to the extent known--
                            (i) the number and duration of any outages 
                        of--
                                    (I) broadband internet access 
                                service;
                                    (II) interconnected VoIP service;
                                    (III) commercial mobile service; 
                                and
                                    (IV) commercial mobile data 
                                service;
                            (ii) the approximate number of users or the 
                        amount of communications infrastructure 
                        potentially affected by an outage described in 
                        clause (i);
                            (iii) the number and duration of any 
                        outages at public safety answering points that 
                        prevent public safety answering points from 
                        receiving emergency calls and routing such 
                        calls to emergency service personnel; and
                            (iv) any additional information determined 
                        appropriate by the Commission.
                    (B) Development of report.--The Commission shall 
                develop the report required by subparagraph (A) using 
                information collected by the Commission, including 
                information collected by the Commission through the 
                System.
            (2) Public field hearings.--
                    (A) Requirement.--Not later than 8 months after the 
                deactivation of the Disaster Information Reporting 
                System with respect to an event for which the System 
                was activated for not less than 7 days, the Commission 
                shall hold not less than 1 public field hearing in the 
                area affected by such event.
                    (B) Inclusion of certain individuals in hearings.--
                For each public field hearing held under subparagraph 
                (A), the Commission shall consider including--
                            (i) representatives of State government, 
                        local government, or Indian Tribal governments 
                        in areas affected by such event;
                            (ii) residents of the areas affected by 
                        such event, or consumer advocates;
                            (iii) providers of communications services 
                        affected by such event;
                            (iv) faculty of institutions of higher 
                        education;
                            (v) representatives of other Federal 
                        agencies;
                            (vi) electric utility providers;
                            (vii) communications infrastructure 
                        companies; and
                            (viii) first responders, emergency 
                        managers, or 9-1-1 directors in areas affected 
                        by such event.
            (3) Final report.--Not later than 12 months after the 
        deactivation of the Disaster Information Reporting System with 
        respect to an event for which the System was activated for not 
        less than 7 days, the Commission shall issue a final report 
        that includes, with respect to such event--
                    (A) the information described in paragraph (1)(A); 
                and
                    (B) any recommendations of the Commission on how to 
                improve the resiliency of affected communications or 
                networks recovery efforts.
            (4) Development of reports.--In developing a report 
        required under this subsection, the Commission shall consider 
        information collected by the Commission, including information 
        collected by the Commission through the System, and any public 
        hearing described in paragraph (2) with respect to the 
        applicable event.
            (5) Publication.--The Commission shall publish each report, 
        excluding information that is otherwise exempt from public 
        disclosure under the rules of the Commission, issued under this 
        subsection on the website of the Commission upon the issuance 
        of such report.
    (b) Improvements to Network Outage Reporting.--Not later than 1 
year after the date of the enactment of this Act, the Commission shall 
conduct a proceeding and, after public notice and an opportunity for 
comment, adopt rules to--
            (1) determine the circumstances under which to require 
        service providers subject to the 9-1-1 regulations established 
        under part 9 of title 47, Code of Federal Regulations, to 
        submit a timely notification, (in an easily accessible format 
        that facilities situational awareness) to public safety 
        answering points regarding communications service disruptions 
        within the assigned territories of such public safety answering 
        points that prevent--
                    (A) the origination of 9-1-1 calls;
                    (B) the delivery of Automatic Location Information; 
                or
                    (C) Automatic Number Identification;
            (2) require such notifications to be made; and
            (3) specify the appropriate timing of such notification.
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