Emergency Reporting Act

II 117TH CONGRESS 1ST SESSION S. 390 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. IN THE SENATE OF THE UNITED STATES FEBRUARY 23, 2021 Ms. KLOBUCHAR (for herself and Mr. BURR) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Communications Commission to issue reports after activation of the Disaster Information Re- porting System and to make improvements to network outage reporting. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Emergency Reporting 4 Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 01:49 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S390.IS S390 kjohnson on DSK79L0C42PROD with BILLS 2 •S 390 IS (1) AUTOMATIC LOCATION INFORMATION; 1 AUTOMATIC NUMBER IDENTIFICATION.—The terms 2 ‘‘Automatic Location Information’’ and ‘‘Automatic 3 Number Identification’’ have the meaning given 4 those terms in section 9.3 of title 47, Code of Fed- 5 eral Regulations, or any successor regulation. 6 (2) BROADBAND INTERNET ACCESS SERVICE.— 7 The term ‘‘broadband internet access service’’ has 8 the meaning given such term in section 8.1(b) of 9 title 47, Code of Federal Regulations, or any suc- 10 cessor regulation. 11 (3) COMMERCIAL MOBILE SERVICE.—The term 12 ‘‘commercial mobile service’’ has the meaning given 13 such term in section 332(d) of the Communications 14 Act of 1934 (47 U.S.C. 332(d)). 15 (4) COMMERCIAL MOBILE DATA SERVICE.—The 16 term ‘‘commercial mobile data service’’ has the 17 meaning given such term in section 6001 of the Mid- 18 dle Class Tax Relief and Job Creation Act of 2012 19 (47 U.S.C. 1401). 20 (5) COMMISSION.—The term ‘‘Commission’’ 21 means the Federal Communications Commission. 22 (6) INDIAN TRIBAL GOVERNMENT; LOCAL GOV- 23 ERNMENT.—The terms ‘‘Indian Tribal government’’ 24 and ‘‘Indian Tribal Government’’ have the meaning 25 VerDate Sep 11 2014 01:49 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S390.IS S390 kjohnson on DSK79L0C42PROD with BILLS 3 •S 390 IS given those terms in section 102 of the Robert T. 1 Stafford Disaster Relief and Emergency Assistance 2 Act (42 U.S.C. 5121). 3 (7) INTERCONNECTED VOIP SERVICE.—The 4 term ‘‘interconnected VoIP service’’ has the meaning 5 given such term in section 3 of the Communications 6 Act of 1934 (47 U.S.C. 153). 7 (8) PUBLIC SAFETY ANSWERING POINT.—The 8 term ‘‘public safety answering point’’ has the mean- 9 ing given such term in section 222 of the Commu- 10 nications Act of 1934 (47 U.S.C. 222). 11 (9) STATE.—The term ‘‘State’’ has the mean- 12 ing given such term in section 3 of the Communica- 13 tions Act of 1934 (47 U.S.C. 153). 14 SEC. 3. REPORTS AFTER ACTIVATION OF DISASTER INFOR- 15 MATION REPORTING SYSTEM; IMPROVE- 16 MENTS TO NETWORK OUTAGE REPORTING. 17 (a) REPORTS AFTER ACTIVATION OF DISASTER IN- 18 FORMATION REPORTING SYSTEM.— 19 (1) PRELIMINARY REPORT.— 20 (A) IN GENERAL.—Not later than 6 weeks 21 after the deactivation of the Disaster Informa- 22 tion Reporting System with respect to an event 23 for which the System was activated for not less 24 than 7 days, the Commission shall issue a pre- 25 VerDate Sep 11 2014 01:49 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S390.IS S390 kjohnson on DSK79L0C42PROD with BILLS 4 •S 390 IS liminary report on, with respect to such event 1 and to the extent known— 2 (i) the number and duration of any 3 outages of— 4 (I) broadband internet access 5 service; 6 (II) interconnected VoIP service; 7 (III) commercial mobile service; 8 and 9 (IV) commercial mobile data 10 service; 11 (ii) the approximate number of users 12 or the amount of communications infra- 13 structure potentially affected by an outage 14 described in clause (i); 15 (iii) the number and duration of any 16 outages at public safety answering points 17 that prevent public safety answering points 18 from receiving emergency calls and routing 19 such calls to emergency service personnel; 20 and 21 (iv) any additional information deter- 22 mined appropriate by the Commission. 23 (B) DEVELOPMENT OF REPORT.—The 24 Commission shall develop the report required by 25 VerDate Sep 11 2014 01:49 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S390.IS S390 kjohnson on DSK79L0C42PROD with BILLS 5 •S 390 IS subparagraph (A) using information collected 1 by the Commission, including information col- 2 lected by the Commission through the System. 3 (2) PUBLIC FIELD HEARINGS.— 4 (A) REQUIREMENT.—Not later than 8 5 months after the deactivation of the Disaster 6 Information Reporting System with respect to 7 an event for which the System was activated for 8 not less than 7 days, the Commission shall hold 9 not less than 1 public field hearing in the area 10 affected by such event. 11 (B) INCLUSION OF CERTAIN INDIVIDUALS 12 IN HEARINGS.—For each public field hearing 13 held under subparagraph (A), the Commission 14 shall consider including— 15 (i) representatives of State govern- 16 ment, local government, or Indian Tribal 17 governments in areas affected by such 18 event; 19 (ii) residents of the areas affected by 20 such event, or consumer advocates; 21 (iii) providers of communications serv- 22 ices affected by such event; 23 (iv) faculty of institutions of higher 24 education; 25 VerDate Sep 11 2014 01:49 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S390.IS S390 kjohnson on DSK79L0C42PROD with BILLS 6 •S 390 IS (v) representatives of other Federal 1 agencies; 2 (vi) electric utility providers; 3 (vii) communications infrastructure 4 companies; and 5 (viii) first responders, emergency 6 managers, or 9–1–1 directors in areas af- 7 fected by such event. 8 (3) FINAL REPORT.—Not later than 12 months 9 after the deactivation of the Disaster Information 10 Reporting System with respect to an event for which 11 the System was activated for not less than 7 days, 12 the Commission shall issue a final report that in- 13 cludes, with respect to such event— 14 (A) the information described in paragraph 15 (1)(A); and 16 (B) any recommendations of the Commis- 17 sion on how to improve the resiliency of af- 18 fected communications or networks recovery ef- 19 forts. 20 (4) DEVELOPMENT OF REPORTS.—In devel- 21 oping a report required under this subsection, the 22 Commission shall consider information collected by 23 the Commission, including information collected by 24 the Commission through the System, and any public 25 VerDate Sep 11 2014 01:49 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S390.IS S390 kjohnson on DSK79L0C42PROD with BILLS 7 •S 390 IS hearing described in paragraph (2) with respect to 1 the applicable event. 2 (5) PUBLICATION.—The Commission shall pub- 3 lish each report, excluding information that is other- 4 wise exempt from public disclosure under the rules 5 of the Commission, issued under this subsection on 6 the website of the Commission upon the issuance of 7 such report. 8 (b) IMPROVEMENTS TO NETWORK OUTAGE REPORT- 9 ING.—Not later than 1 year after the date of the enact- 10 ment of this Act, the Commission shall conduct a pro- 11 ceeding and, after public notice and an opportunity for 12 comment, adopt rules to— 13 (1) determine the circumstances under which to 14 require service providers subject to the 9–1–1 regu- 15 lations established under part 9 of title 47, Code of 16 Federal Regulations, to submit a timely notification, 17 (in an easily accessible format that facilities situa- 18 tional awareness) to public safety answering points 19 regarding communications service disruptions within 20 the assigned territories of such public safety answer- 21 ing points that prevent— 22 (A) the origination of 9–1–1 calls; 23 (B) the delivery of Automatic Location In- 24 formation; or 25 VerDate Sep 11 2014 01:49 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S390.IS S390 kjohnson on DSK79L0C42PROD with BILLS 8 •S 390 IS (C) Automatic Number Identification; 1 (2) require such notifications to be made; and 2 (3) specify the appropriate timing of such noti- 3 fication. 4 Æ VerDate Sep 11 2014 01:49 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S390.IS S390 kjohnson on DSK79L0C42PROD with BILLS