[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[House]
[Pages H4971-H4973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PRESERVING HOME AND OFFICE NUMBERS IN EMERGENCIES ACT OF 2020

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1289) to amend the Communications Act of 1934 to provide for 
a moratorium on number reassignment after a disaster declaration, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1289

       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 ``Preserving Home and Office 
     Numbers in Emergencies Act of 2020'' or the ``PHONE Act of 
     2020''.

     SEC. 2. MORATORIUM ON NUMBER REASSIGNMENT AFTER DISASTER 
                   DECLARATION.

       (a) In General.--Section 251(e) of the Communications Act 
     of 1934 (47 U.S.C. 251(e)) is amended by adding at the end 
     the following:
       ``(4) Moratorium on number reassignment after disaster 
     declaration.--
       ``(A) In general.--In the case of a number assigned to a 
     subscriber for the provision of fixed wireline voice service 
     at a location in a designated area during a covered period--
       ``(i) the number may not be reassigned, except at the 
     request of the subscriber; and
       ``(ii) the assignment of the number may not be rescinded or 
     otherwise modified, except at the request of the subscriber.
       ``(B) Extension at request of subscriber.--During the 
     covered period, at the request of a subscriber described in 
     subparagraph (A), the prohibition in subparagraph (A) shall 
     be extended for the number for 1 year after the date on which 
     the covered period expires.
       ``(C) Subscriber right to cancel and resubscribe.--
       ``(i) In general.--In the case of a number described under 
     subparagraph (A) or (B), if the subscriber assigned to such 
     number demonstrates to the provider of the service (or, under 
     subclause (II), any other provider of fixed wireline voice 
     service that serves the local area) that the residence where 
     the number is located is inaccessible or uninhabitable--

       ``(I) the provider may not charge the subscriber an early 
     termination or other fee in connection with the cancellation 
     of such service, if cancelled during the covered period or 
     the extension of the period described in subparagraph (B); 
     and
       ``(II) if the subscriber cancels the service during the 
     covered period or the extension of the period described in 
     subparagraph (B), the provider (or any other provider of 
     fixed wireline voice service that serves the local area)--

       ``(aa) shall permit the subscriber to subscribe or 
     resubscribe, as the case may be, to fixed wireline voice 
     service with the number at the residence or at a different 
     residence (if such number is available in the location of 
     such different residence); and
       ``(bb) may not charge the subscriber a connection fee or 
     any other fee relating to the initiation of fixed wireline 
     voice service.
       ``(ii) Cancellation without demonstration of 
     inaccessibility or uninhabitability.--If a subscriber cancels 
     the provision of service assigned to a number described in 
     subparagraph (A) or (B) and does not demonstrate to the 
     provider of such service that the residence where

[[Page H4972]]

     the number is located is inaccessible or uninhabitable as 
     described under clause (i), the number is no longer subject 
     to the prohibition under subparagraph (A) or (B).
       ``(D) Identification on commission website.--The Commission 
     shall publicly identify on the website of the Commission each 
     designated area that is in a covered period, not later than 
     15 days after the submission of a public designation by a 
     State under subparagraph (E)(iii) with respect to such area. 
     In identifying a designated area under subparagraph (E)(iii), 
     a State shall consult with providers of fixed wireline voice 
     service that serve such area and coordinate with the Federal 
     Emergency Management Agency to reasonably limit the 
     designated area to areas that have sustained covered damage.
       ``(E) Definitions.--In this paragraph:
       ``(i) Covered damage.--The term `covered damage' means, 
     with respect to an area--

       ``(I) damage that renders residences in such area 
     inaccessible or uninhabitable; or
       ``(II) damage that otherwise results in the displacement of 
     subscribers from or within such area.

       ``(ii) Covered period.--The term `covered period' means a 
     period that--

       ``(I) begins on the date of a declaration by the President 
     of a major disaster under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170) with respect to a designated area; and
       ``(II) ends on the date that is 1 year after such date.

       ``(iii) Designated area.--The term `designated area' means 
     a geographic area for which a State has submitted a public 
     designation to the Commission, within 15 days after a 
     declaration by the President of a major disaster under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170) with respect to 
     such area, stipulating that the State has determined that--

       ``(I) covered damage was sustained in such area; and
       ``(II) the prohibitions described in this paragraph are 
     necessary and in the public interest.

       ``(iv) Voice service.--The term `voice service' has the 
     meaning given the term `voice service' in section 
     227(e)(8).''.
       (b) Amendment of FCC Rules Required.--Not later than 180 
     days after the date of the enactment of this Act, the Federal 
     Communications Commission shall amend its rules to reflect 
     the requirements of paragraph (4) of section 251(e) of the 
     Communications Act of 1934 (47 U.S.C. 251(e)), as added by 
     subsection (a).
       (c) Applicability.--Paragraph (4) of section 251(e) of the 
     Communications Act of 1934 (47 U.S.C. 251(e)), as added by 
     subsection (a), shall apply with respect to a major disaster 
     declared by the President under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170) after the date that is 180 days after the date 
     on which the Commission announces that the Commission is 
     capable of publicly identifying a designated area on the 
     website of the Commission under subparagraph (D) of such 
     paragraph (4).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Oregon (Mr. Walden) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous materials on H.R. 1289.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.

                              {time}  1245

  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  I rise in strong support of Representative Thompson's legislation, 
H.R. 1289, the Preserving Home and Office Numbers in Emergencies Act of 
2019, or the PHONE Act.
  Mr. Speaker, after the Atlas and Tubbs fires in October 2017 in 
northern California, Representative Thompson's constituents returned to 
what was left of their homes. In the rebuilding process, many of them 
were frustrated to learn that their phone numbers, which they had had 
for years, had been given away by the phone company.
  It was as if their phone number, of all things, went up in smoke with 
the rest of their lifelong possessions. This issue just continues to 
grow as natural disasters like fires and hurricanes have become all too 
common and more severe as a result of climate change.
  So, just this past weekend, hundreds of homes in Napa and Sonoma 
Counties had to be evacuated because of another fast-moving fire, and 
this bill aims to fix the problems that relate to phone numbers during 
these crises.
  First, if the President has issued a major disaster declaration, and 
a Governor has designated an area to the Federal Communications 
Commission under the PHONE Act, the phone numbers in that designated 
area cannot be reassigned for 1 year.
  Second, if a consumer needs more time, this legislation allows them 
to get another yearlong extension. We know this is important because, 
in some disasters, like Superstorm Sandy in my district, for example, 
the home-rebuilding process took, in some cases, over 6 years.
  Third, the legislation would allow consumers whose homes are 
inaccessible or uninhabitable to cancel their service without a 
cancelation fee or resubscription fee when they get phone service 
somewhere else in the area during that covered period.
  Now, I am glad we could reach an agreement with our Republican 
colleagues on this part of the bill to ensure this policy makes sense 
in practice. This was a compromise, and, therefore, I know there are 
some things that they would do differently. At the same time, there are 
a few things that we on this side of the aisle may have done 
differently. But with this compromise, this policy is simple yet, I 
believe, powerful.
  In the age of robocalls, dialing our friends and loved ones from 
phone numbers we have always had is how we get through. A lot of people 
simply will not pick up the phone if they don't recognize the phone 
number, and that is why this legislation is so important.
  The legal effect and intent of this bill are designed purposely to be 
narrow, but it plugs a small gap in the law, which will mean the world 
to the consumers who will have one less thing to worry about as they 
face rebuilding in the aftermath of a devastating natural disaster.
  Again, I want to thank Representatives Thompson and Rooney for their 
bipartisan leadership on this bill. The PHONE Act is a commonsense 
bill, and I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 1289, the PHONE Act. Now, this legislation 
will ensure that Americans who lose their homes during a wildfire or 
other natural disaster do not also have to worry about losing their 
home phone numbers.
  As we have seen recently from the tragic wildfires that have ravaged 
communities in California and my home State of Oregon, these disasters 
can destroy everything in their path, often with little notice. No 
matter how resilient a home or communications tower might be, you 
cannot regulate your way out of a fire's burning path.
  When a natural disaster occurs, the Federal Emergency Management 
Agency, FEMA, is activated to provide emergency housing assistance and 
other resources. If your house burns to the ground, the last thing you 
should have to worry about is whether or not your landline phone number 
will be available to you when you do return. Yet, that is what happens.
  Many people, especially seniors, rely on their landline to stay 
connected to their family, their doctor, or others. Thankfully, the 
Federal Communications Commission already has a process to prevent 
victims of natural disasters from losing their landline numbers.
  The FCC uses its authority, and did this as recently as last week for 
northern California and Oregon, to waive rules and regulations that 
require landline phone numbers to return to the pool of available 
numbers when a home is completely destroyed by a natural disaster. So 
what this bill does is codify the process and seeks to make several 
improvements.
  During the committee process, Republicans sought changes to this bill 
to ensure it does not upend the current procedure, so no consumers will 
be left in the lurch.
  This type of relief should only apply to areas where significant 
physical damage has occurred to render a home inhabitable, as is the 
objective of the bill.
  We worked for the inclusion of FEMA in the notification process and 
have stated our concerns that FEMA should still play a large role in 
determining which households have sustained damage in an affected 
county.
  Now, this did receive some pushback from the majority, and we should 
defer to the assessment of FEMA, the experts on the ground, before 
these proceedings go into effect.
  Ultimately, the majority on the committee accepted many of our 
changes

[[Page H4973]]

to make sure this legislation is beneficial to consumers, and the bill 
was passed unanimously by the committee.
  Mr. Speaker, I support this measure moving forward, and I reserve the 
balance of my time.
  Mr. PALLONE. Mr. Speaker, once again, I yield such time as he may 
consume to the gentleman from California (Mr. McNerney).
  Mr. McNERNEY. Mr. Speaker, I rise today in support of H.R. 1289, the 
PHONE Act.
  As we stand here today, two new, fast-moving wildfires, the Glass and 
the Zogg fires, are blazing through my home State of California. 
Thousands of people had to evacuate their homes yesterday as a result 
of the fires, some of them in the middle of the night.
  Since the beginning of this year, there have been over 8,100 
wildfires that have burned well over 3.7 million acres in California 
alone. Nearly every part of the State has been ravaged by wildfires 
this year, and we are now only starting to approach what has 
historically been the most deadly and destructive part of wildfire 
season.
  Worrying about deadly wildfires spreading quickly is the new norm 
that my constituents now live in, and worrying about whether they will 
have to evacuate their homes is part of this new norm.
  Because of this legislation that we are considering today, the PHONE 
Act, which I am proud to cosponsor, my constituents, Californians, and 
Americans across the country who are impacted all too frequently now by 
natural disasters due to climate change will have to worry about one 
less thing when they are forced to evacuate their homes, and that is 
the ability to keep their phone numbers.
  Under this legislation, communications providers will be prohibited 
from reassigning phone numbers of customers in areas covered by major 
natural disasters and declared disasters for the duration of the 
declaration, and that period may be extended.
  The bill would also prohibit providers from assessing early 
termination fees to cancel service or connection fees to resubscribe at 
a new address for subscribers whose residence is inaccessible or 
uninhabitable due to a major disaster.
  There is so much that wildfire victims have to worry about. We need 
to move quickly to ensure that the PHONE Act is signed into law, so 
there is one less thing on their plate.
  It may not seem like a big deal, but if you lose your home, keeping 
the phone number will be an emotionally safe place. Losing your phone 
number after a disaster just adds insult to injury.
  I want to thank my colleague from California, Mr.   Mike Thompson, 
for his work in creating this legislation. I urge my colleagues to 
support this legislation.
  Mr. WALDEN. Mr. Speaker, I have no further speakers on this matter. I 
would encourage my colleagues on both sides of the aisle to support the 
PHONE Act, and I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I will do the same. I urge support of this 
legislation, and I yield back the balance of my time.
  Mr. THOMPSON of California. Mr. Speaker, I rise today in strong 
support of the bipartisan PHONE Act, a bill I started working on more 
than two years ago.
  The PHONE Act is an example of listening to our constituents who have 
been survivors of a natural disaster and using the power of legislation 
to address the aftermath.
  After the devastating 2017 wildfires, one of my constituents 
contacted my office to let us know of a problem unique to natural 
disasters. My constituent was one of more than 6,000 households who 
lost a home or business to the wildfire. This family was a long-time 
part of our community and they wanted to rebuild. What they learned was 
that, during the rebuilding process, they would lose the phone number 
they had for years. This may seem like something small--a phone number, 
but to my constituent, this was part of the fabric of their lives and 
of their home.
  Unfortunately, the FCC could not save the phone number long enough to 
rebuild. So many of our Districts are facing wildfires, hurricanes, 
powerful windstorms and flooding. We must do everything we can to help 
survivors reclaim their lives.
  Displaced survivors must find temporary housing, connect with family 
members, replace lost documents, apply for disaster assistance, and 
begin the long process of repairing and rebuilding homes. We may not be 
able to help rebuild or pick up the pieces, but this small gesture--
reserving a phone number--can bring the tiniest sense of a return to 
normalcy.
  Preserving home phone numbers means survivors have one less worry. 
It's one less burden. It is the least we can do to help the folks in 
our communities who face such devastation.
  I thank the Committee for its work to bring this bill to the Floor 
and I urge my colleagues to vote yes.
  Ms. ESHOO. Mr. Speaker, I rise in strong support of H.R. 1289, the 
PHONE Act, a simple but powerful bill to ensure that Americans who lose 
their homes in natural disasters don't also lose their home phone 
numbers.
  The CZU Lightning Complex Fire burned 86,509 acres in my 
Congressional District, making it the 11th most destructive fire in 
California history. Seventy-seven thousand of my constituents were 
evacuated. After weeks of tireless efforts from over 2,000 local, 
state, and federal firefighters, the fire is now contained.
  While most of the evacuees have returned home, nearly 1,000 families 
in my district won't be returning home because their houses were 
destroyed. It's these families the PHONE Act helps.
  Because climate change is causing increased and more intense 
wildfires, California is experiencing a horrific wildfire season. 
Already, over 3.6 million acres have burned from nearly 8,000 
wildfires. Four of the five largest fires in state history happened 
this year. The PHONE Act ensures that the thousands of families who 
lose their homes don't also lose their phone numbers.
  The PHONE Act has three parts. First, if the President issues a major 
disaster declaration, and a governor designates a disaster area, phone 
numbers in that designated area cannot be reassigned for one year. 
Second, if someone in the disaster area needs more than a year, they 
can get a one-year extension because rebuilding can take years. Third, 
the bill allows consumers to cancel phone service without a 
cancellation fee if their home is inaccessible or uninhabitable. The 
bill also prohibits resubscription fees if consumers get phone service 
somewhere else in the area.
  Some may ask why we need all of this for a simple phone number. One 
of the first things parents teach their kids is their phone number. I 
bet many of us still remember our parents' home phone numbers. While 
many are opting to live with just cellphones, it's important to 
consider who depends on landlines: older Americans and retirees, who 
often have multiple doctors, caregivers, and loved ones using long-held 
phone numbers.
  Congressman Mike Thompson authored the bill to help the survivors of 
the Atlas and Tubbs fires that ravished his Congressional District in 
2017. Thousands lost their homes and were further frustrated to learn 
they also lost their phone numbers, because phone companies had given 
the numbers away.
  The bill was marked up on March 10, 2020, by the Subcommittee and on 
September 9, 2020, by the full Energy & Commerce Committee. At both 
markups, I offered amendments to ensure the bill would have broad, 
bipartisan support and would be as effective as possible.
  The bill is carefully drafted to plug a small gap in the law, but 
this gap means the world to our constituents the bill is written to 
protect.
  The legislation before us is necessary and powerful, and I urge my 
collagues to support it.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 1289, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________