H. Rept. 114-583 - SECURING ACCESS TO NETWORKS IN DISASTERS ACT114th Congress (2015-2016)
Committee Report
| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.3998 |
| Committees: |
H. Rept. 114-583 - 114th Congress (2015-2016)
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House Report 114-583 - SECURING ACCESS TO NETWORKS IN DISASTERS ACT
[House Report 114-583]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-583
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
SECURING ACCESS TO NETWORKS IN DISASTERS ACT
_______
May 23, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 3998]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3998) 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, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Exchange of Letters with Additional Committees of Referral....... 8
The amendments are as follows
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Access to Networks in
Disasters Act''.
SEC. 2. STUDY ON NETWORK RESILIENCY.
Not later than 36 months after the date of enactment of this Act, the
Commission shall submit to Congress, and make publically available on
the Commission's website, a study on--
(1) making telecommunications service provider-owned WiFi
access points, and other communications technologies operating
on unlicensed spectrum, available to the general public for
access to 911 services, without requiring any login
credentials, during times of emergency when mobile service is
unavailable; and
(2) whether non-telecommunications service provider-owned
WiFi access points can provide public access to 911 services
during times of emergency.
SEC. 3. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING FEDERALLY DECLARED
EMERGENCIES.
Section 427(a)(1)(A) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189e(a)(1)(A)) is amended 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''.
SEC. 4. DEFINITIONS.
As used in this Act and for purposes of the rules required by this
Act--
(1) the term ``Commission'' means the Federal Communications
Commission;
(2) the term ``mobile service'' means commercial mobile
service (as defined in section 332 of the Communications Act of
1934 (47 U.S.C. 332)) or 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 ``WiFi access point'' means wireless Internet
access using the standard designated as 802.11 or any variant
thereof; and
(4) the term ``times of emergency'' means either an emergency
as defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122), or an
emergency as declared by the governor of a State or territory
of the United States.
Amend the title so as to read:
A bill to direct the Federal Communications Commission to
conduct a study on network resiliency during times of
emergency, and for other purposes.
Purpose and Summary
H.R. 3998, Securing Access to Networks in Disasters (SANDy)
Act, introduced by Ranking Member Frank Pallone, Jr. (D-NJ),
seeks to ensure that Americans have better access to
communications networks during emergencies. The SANDy Act would
give all communications providers--radio, TV, telephone, and
Internet--better access to disaster areas and to the resources
they need to restore service. The bill would also require the
Federal Communications Commission (FCC) to study the potential
use of WiFi communications during emergencies.
Background and Need for Legislation
When Super Storm Sandy struck in October 2012, it wreaked
havoc across the Northeast. People who lived in these areas
turned to communications networks--telecommunications,
broadcast, and cable--for critical information and to call for
help. Unfortunately, many of these systems were not available
when people needed them most. For instance, the storm knocked
off-line nearly 25 percent of the cell sites in its path, with
more than 50 percent off-line in the hardest-hit counties.\1\
---------------------------------------------------------------------------
\1\Improving the Resiliency of Mobile Wireless Communications
Networks, PS Docket No. 13-239, para.3, Notice of Proposed Rulemaking
(Rel. September 27, 2013 (online at http://apps.fcc.gov/ecfs/comment/
view?id=6017468877).
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The public's ability to communicate often hinges on the
viability of commercial networks. To keep potentially
lifesaving information flowing, the personnel who maintain
communications networks need access protected areas and
resources. For instance, when the power goes out,
communications equipment must rely on backup generators that
require fuel. During emergencies, however, broadcasters, cable
operators, and telecommunications providers have struggled to
obtain fuel. According to reports, even when network operators
obtain the resources they need, they can be confiscated to
restore other services that are considered ``essential'' under
the law.
Moreover, in the chaos that follows a major disaster,
merely getting access to the disaster area can be challenging.
During Sandy, communications providers were turned away at
because they were not considered essential to the recovery
effort. As a result, communications networks remained down
hours or even days longer than necessary leaving those in the
disaster area stranded without critical information or ways to
call for help.
The SANDy Act would recognize the critical role wireline
and mobile telephone, Internet, radio and television
broadcasting, and cable and satellite services play by adding
them to the list of essential service providers. Having these
networks operational not only speed recovery efforts, they can
mean the difference between life and death during an event like
Super Storm Sandy. The bill further requires the FCC to study
how WiFi could be used to help facilitate emergency
communications during disasters, as some telecommunications
providers have done during emergencies.
When the SANDy Act was first introduced, it contained
additional provisions, primarily addressing customer access to
wireless networks during an emergency. Specifically, the Act as
introduced would have required that during emergencies,
consumers' cell phones could work on another carriers' networks
if a consumer's own network goes down.
Just before the bill was considered at full Committee
markup, the five largest U.S. wireless carriers announced that
they would voluntarily act on a number of the wireless
provisions in the bill. Under the new ``Wireless Network
Resiliency Cooperative Framework,'' the wireless providers
voluntarily agreed to:
(1) Provide for reasonable arrangements for roaming
during disasters when technically feasible,
(2) Foster mutual aid during emergencies,
(3) Enhance local governments' preparedness and
restoration,
(4) Increase consumer readiness and preparation, and
(5) Improve public awareness and stakeholder
communications on service and restoration status by
providing public information on actual outages for
given disasters or emergencies.
In light of this agreement, Ranking Member Pallone offered
an amendment during the full Committee markup of the SANDy Act
to remove the wireless provisions. The Committee adopted this
amendment, refocusing the SANDy Act on ensuring that
communication networks operators can get access to the
resources necessary to repair and maintain their networks
during disasters.
Hearings
On April 13, 2016, the Subcommittee on Communications and
Technology held a hearing on H.R. 3998. The Subcommittee
received testimony on the legislation from:
Mr. Scott Bergmann, Vice President of Regulatory
Affairs, CTIA--The Wireless Association.
Committee Consideration
On April 18 and 19, 2016 the Subcommittee on Communications
and Technology met in open markup session and forwarded H.R.
3998 to the full Committee, without amendment, by a voice vote.
On April 26, 27, and 28, 2016, the full Committee on Energy
and Commerce met in open markup session and ordered H.R. 3998
reported to the House, as amended, by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 3998 reported.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a hearing and made
findings that are reflected in this report.
Statement of General Performance Goals and Objectives
H.R. 3998, the Securing Access to Networks in Disasters
(SANDy) Act, seeks to ensure that Americans have access to the
nation's communications networks during emergencies.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3998 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 3998 contains no earmarks, limited tax
benefits, or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974. At the
time this report was filed, the estimate was not available.
Congressional Budget Office Estimate
At the time this report was filed, the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of 1974
was not available.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of H.R. 3998 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 3998
specifically directs to be completed no rule makings within the
meaning of 5 U.S.C. 551.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 provides that the Act may be cited as the
``Securing Access to Networks in Disasters Act.''
Section 2. Study on network resiliency
Section 2 requires the FCC to submit a report to Congress
within 36 months that studies making WiFi access points
available to the public at no charge during times of emergency.
The FCC's study should focus on access points owned by
telecommunications service providers, but should also analyze
whether such a requirement would be feasible for access points
not owned or operated by telecommunications service providers.
Section 3. Access to essential service providers during federally
declared emergencies
Section 3 would amend section 427 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act by adding wireline
and mobile telephone service, Internet access service, radio
and television broadcasting, cable service, and direct
broadcast satellite service to the list of ``essential service
providers'' under the Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 427. ESSENTIAL SERVICE PROVIDERS.
(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.
* * * * * * *