[Congressional Record Volume 166, Number 195 (Tuesday, November 17, 2020)]
[House]
[Pages H5820-H5823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT ACT OF 2020
Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6096) to improve oversight by the Federal Communications
Commission of the wireless and broadcast emergency alert systems, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6096
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 ``Reliable Emergency Alert
Distribution Improvement Act of 2020'' or the ``READI Act''.
SEC. 2. RELIABLE EMERGENCY ALERT DISTRIBUTION IMPROVEMENT.
(a) Wireless Emergency Alerts System Offerings.--
(1) Amendment.--Section 602(b)(2)(E) of the Warning, Alert,
and Response Network Act (47 U.S.C. 1201(b)(2)(E)) is
amended--
(A) by striking the second and third sentences; and
[[Page H5821]]
(B) by striking ``other than an alert issued by the
President.'' and inserting the following: ``other than an
alert issued by--
``(i) the President; or
``(ii) the Administrator of the Federal Emergency
Management Agency.''.
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with
the Administrator, shall adopt regulations to implement the
amendment made by paragraph (1)(B).
(b) State Emergency Alert System Plans and Emergency
Communications Committees.--
(1) State emergency communications committee.--Not later
than 180 days after the date of enactment of this Act, the
Commission shall adopt regulations that--
(A) encourage the chief executive of each State--
(i) to establish an SECC if the State does not have an
SECC; or
(ii) if the State has an SECC, to review the composition
and governance of the SECC;
(B) provide that--
(i) each SECC, not less frequently than annually, shall--
(I) meet to review and update its State EAS Plan;
(II) certify to the Commission that the SECC has met as
required under subclause (I); and
(III) submit to the Commission an updated State EAS Plan;
and
(ii) not later than 60 days after the date on which the
Commission receives an updated State EAS Plan under clause
(i)(III), the Commission shall--
(I) approve or disapprove the updated State EAS Plan; and
(II) notify the chief executive of the State of the
Commission's approval or disapproval of such plan, and reason
therefor; and
(C) establish a State EAS Plan content checklist for SECCs
to use when reviewing and updating a State EAS Plan for
submission to the Commission under subparagraph (B)(i).
(2) Consultation.--The Commission shall consult with the
Administrator regarding the adoption of regulations under
paragraph (1)(C).
(3) Definitions.--In this subsection--
(A) the term ``SECC'' means a State Emergency
Communications Committee;
(B) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and any
possession of the United States; and
(C) the term ``State EAS Plan'' means a State Emergency
Alert System Plan.
(c) False Alert Reporting.--Not later than 180 days after
the date of enactment of this Act, the Commission, in
consultation with the Administrator, shall complete a
rulemaking proceeding to establish a system to receive from
the Administrator or State, Tribal, or local governments
reports of false alerts under the Emergency Alert System or
the Wireless Emergency Alerts System for the purpose of
recording such false alerts and examining the causes of such
false alerts.
(d) Repeating Emergency Alert System Messages for National
Security.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission, in consultation with
the Administrator, shall complete a rulemaking proceeding to
modify the Emergency Alert System to provide for repeating
Emergency Alert System messages while an alert remains
pending that is issued by--
(A) the President;
(B) the Administrator; or
(C) any other entity determined appropriate under the
circumstances by the Commission, in consultation with the
Administrator.
(2) Scope of rulemaking.--Paragraph (1) shall--
(A) apply to warnings of national security events, meaning
emergencies of national significance, such as a missile
threat, terror attack, or other act of war or threat to
public safety; and
(B) not apply to more typical warnings, such as a weather
alert, AMBER Alert, or disaster alert.
(3) Rule of construction.--Nothing in this subsection shall
be construed to impair, limit, or otherwise change--
(A) the authority of the President granted by law to alert
and warn the public; or
(B) the role of the President as commander-in-chief with
respect to the identification, dissemination, notification,
or alerting of information of missile threats against the
United States, or threats to public safety.
(e) Internet and Online Streaming Services Emergency Alert
Examination.--
(1) Study.--Not later than 180 days after the date of
enactment of this Act, and after providing public notice and
opportunity for comment, the Commission shall complete an
inquiry to examine the feasibility of updating the Emergency
Alert System to enable or improve alerts to consumers
provided through the internet, including through streaming
services.
(2) Report.--Not later than 90 days after completing the
inquiry under paragraph (1), the Commission shall submit a
report on the findings and conclusions of the inquiry to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
(f) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency;
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``Emergency Alert System'' means the national
public warning system, the rules for which are set forth in
part 11 of title 47, Code of Federal Regulations (or any
successor regulation); and
(4) the term ``Wireless Emergency Alerts System'' means the
wireless national public warning system established under the
Warning, Alert, and Response Network Act (47 U.S.C. 1201 et
seq.), the rules for which are set forth in part 10 of title
47, Code of Federal Regulations (or any successor
regulation).
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. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 6096.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
I rise today in support of H.R. 6096, the Reliable Emergency Alert
Distribution Improvement Act of 2020, or the READI Act, as it is known.
In times of crisis, Americans rely on communication systems to stay
informed, check on loved ones, and access emergency assistance.
Emergency alerts, in particular, are an effective mechanism for
relaying lifesaving information to the American public in an instant.
The emergency alert system, or EAS, is one tool we have to issue such
messages. Typically, an EAS message is originated by officials from
local, State, Tribal, or Federal governments, known as alerting
authorities. The messages are disseminated to the public by operators
of broadcast cable and satellite TV or radio.
{time} 1345
The Wireless Emergency Alert system, or WEA, on the other hand,
allows emergency managers and other alert originators to distribute
geographically targeted emergency messages to wireless customers'
devices at a moment's notice.
Over recent months, Madam Speaker, local and State officials in
California and Oregon have used geo-targeted emergency alerts to inform
residents about wildfires and evacuation orders.
Simply put, our emergency alerting systems save lives, but there is
plenty of room for improvement.
My colleagues may recall an incident that took place in Hawaii in
January 2018 when the Hawaii Emergency Management Agency mistakenly
issued an emergency alert through the Federal Emergency Management
Agency's Integrated Public Alert and Warning System.
The alert warned the public of an inbound ballistic missile threat,
although there was no such threat. It was intended to be a routine test
of the system, but the supervising officer who dictated the language of
the drill mistakenly included the phrase, ``This is not a drill,''
causing confusion among the shift officers responsible for transmitting
the alert to the public.
With five words, Hawaii was sent into a frenzy, which lasted about 38
minutes, until a follow-up notice was sent out correcting the error.
Now, there are more than 1,000 alerting authorities across the United
States that rely on emergency alerting systems to notify the public of
everything from law enforcement situations to evacuation and stay-at-
home orders, child abductions, and natural disasters.
While the Hawaii incident was deemed an accident caused by human
error, it is clear that there are gaps that must be addressed, and that
is what this bill does.
The READI Act will ensure that there is better coordination between
the Federal agencies that deal with emergency communications and their
partners at the State and local levels. Specifically, the bill calls on
the Federal Communications Commission to work with State Emergency
Communications Committees to develop and
[[Page H5822]]
update State plans to identify and close any gaps in protocol or
accountability.
The READI Act also requires the FCC to study and report to Congress
on the feasibility of expanding participation in the Emergency Alert
System to include streaming services and internet platforms and whether
such an action would increase the reach and reliability of emergency
alerts.
Madam Speaker, I commend Representative Jerry McNerney for his
leadership on this bill, especially as his constituents and neighbors
all across California continue to grapple with the fallout from these
historic wildfires.
Madam Speaker, I also thank Ranking Member Walden and subcommittee
Ranking Member Latta for working with us to move this legislation
through the Energy and Commerce Committee on a bipartisan basis.
Finally, Madam Speaker, I also thank Senator Schatz, who is leading
this legislation in the Senate.
This is a really good bill that will make emergency alerts more
effective and reliable, to keep our friends and neighbors safe when it
matters most.
Madam Speaker, I encourage my colleagues to support the READI Act,
and I reserve the balance of my time.
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, November 10, 2020.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy & Commerce,
House of Representatives, Washington, DC.
Dear Mr. Pallone: I write concerning H.R. 6096, the READI
Act. There are certain provisions in this legislation that
fall within the Rule X jurisdiction of the Committee on
Transportation and Infrastructure.
In order to expedite floor consideration of H.R. 6096, the
Committee on Transportation and Infrastructure agrees to
forgo action on the bill. However, this is conditional on our
mutual understanding that forgoing consideration of the bill
would not prejudice the Committee with respect to the
appointment of conferees or to any future jurisdictional
claim over the subject matters contained in the bill or
similar legislation that fall within the Committee's Rule X
jurisdiction. I also request that you urge the Speaker to
name members of this Committee to any conference committee
which is named to consider such provisions.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the committee
report on H.R. 6096 and into the Congressional Record during
consideration of the measure on the House floor.
Sincerely,
Peter DeFazio,
Chair.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, November 13, 2020.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman DeFazio: Thank you for consulting with the
Committee on Energy and Commerce and agreeing to be
discharged from further consideration of H.R. 6096, the
Reliable Emergency Alert Distribution Improvement (READI) Act
of 2020, so that the bill may proceed expeditiously to the
House floor.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee or prejudice its jurisdictional prerogatives
on this measure or similar legislation in the future. I would
support your effort to seek appointment of an appropriate
number of conferees from your committee to any House-Senate
conference on this legislation.
I will seek to place our letters on H.R. 6096 into the
committee report on the bill and into the Congressional
Record during floor consideration of the bill. I appreciate
your cooperation regarding this legislation and look forward
to continuing to work together as this measure moves through
the legislative process.
Sincerely,
Frank Pallone, Jr.,
Chairman.
Mr. WALDEN. Madam Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 6096, the READI Act. This legislation will
help improve the Federal Communications Commission's oversight over the
wireless and broadcast emergency alert systems, something that is much
needed in a new age of communication.
This year, our Nation was hit by horrific and deadly wildfires that
destroyed entire communities. My district and many parts of Oregon
witnessed this situation with catastrophic fires that moved very, very
rapidly, caused incredible and historic destruction, and will take
years for people to recover.
Our Emergency Alert System is so important during these times, and we
need to make sure it delivers for Americans when they need it most. In
some parts of my State, it worked flawlessly. In other parts, they are
reviewing what worked and what didn't work.
I daresay I am probably the only Member of Congress who actually has
wired in Emergency Alert System components because we used to own radio
stations. So I have pushed the buttons, and I have done the alerts, all
of that. I know how important that coordination is and how important it
is to work together ahead of time to really understand the plans and
who triggers what and how it works going forward. Because when the
emergencies do hit, there isn't time to come up with a plan. You need
to have that in place.
This bill will help establish State Emergency Communications
Committees, develop Emergency Alert System plans, and coordinate those
plans with the FCC. This type of coordination allows States the
independence to tailor their plans to their specific needs and to alert
citizens during emergencies that are specific to their localities.
However, the bill also allows the FCC to review the plans to ensure
States and other localities have considered any necessary technical
issues so that there is consistency across the plans in the case of
multistate or national emergencies.
Importantly, this bill requires coordination not only with the
experts on telecommunications technology but also with the experts on
emergency management, FEMA. The FCC will ensure State plans have
considered the necessary technical requirements, while FEMA ensures
consistency regarding the types of emergency alerts.
This type of State and national coordination will make sure that all
Americans receive alerts during emergencies and that those alerts make
sense, and that will no doubt save lives and property.
Madam Speaker, that is why I am happy to support this forward-looking
bill to improve the Emergency Alert System management at all levels,
and I urge my colleagues to do so as well.
I would just close my comments with a brief story about one of these
practice emergency sessions in my hometown on a Saturday morning. It
was a full-fledged one. All the various resources in the area were to
be engaged. The theory was that one of the mainstem Columbia River dams
had breached and that there would be massive flooding. So, that was
kind of the idea: What do you do in a mass casualty situation like
that?
Fortunately, the gentleman who worked Saturday mornings at our local
radio station had been around the block a few times. He was actually a
retiree who just liked working, doing an old radio show on Saturday
mornings. When they got the call and told him he needed to trigger the
Emergency Alert System because Bonneville Dam had been breached, he
said, ``Okay. I understand that is the practice, but I am not going to
actually go on air and say the dam has been breached.''
Because he had been around a little bit, he pushed back on the
emergency folks who were going by the letter of the plan and decided
not to create one of these events like occurred in Hawaii by saying,
``I don't think we really want to say that, even though this is a
practice.'' I think we headed off probably a little bit of a problem
there.
Madam Speaker, this is important, and these plans are important. I
thank my colleagues for their work on this legislation, and I reserve
the balance of my time.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. McNerney), the sponsor of the legislation and a member
of our committee.
Mr. McNERNEY. Madam Speaker, I thank the chairman for yielding.
I rise today in support of my legislation, H.R. 6096, the READI Act.
The emergency alerting system and the wireless emergency alerting
system provide safe, lifesaving tools to disseminate information during
emergencies.
In recent years, we have seen devastating fires in my home State of
California, including the Tubbs fire; the Camp fire, which was the
deadliest wildfire our Nation has faced in the last century; and the
Kincade fire.
This year, we have seen some of the largest and most devastating
fires in
[[Page H5823]]
the State's history, with a record of more than 4 million acres burned
and more than 8,100 fires across the State. Nearly every part of the
great State of California has been touched by wildfires this season.
These events demonstrate that we must improve the reliability of
emergency alerts.
As we continue to battle COVID-19, this year's wildfire season has
also presented unprecedented challenges for firefighters, emergency
managers, and the public, particularly when it comes to evacuations.
This makes it even more crucial that we have emergency alerting systems
in place that are both robust and reliable.
This legislation will improve the current wireless emergency alerting
system, and emergency alerting systems more broadly, so that my
constituents and Americans across the country can count on receiving
these alerts when faced with emergencies, including wildfires.
H.R. 6096 will ensure that more people receive critical emergency
alerts on their mobile devices, televisions, and radios, and will pave
the way for examining the feasibility of issuing alerts through online
audio and video streaming services.
Additionally, this legislation will help States improve their plans
for emergency alerting, and it will establish a reporting system for
false alerts.
Madam Speaker, I thank my colleagues, including Representative
Bilirakis, Mr. Olson, and Ms. Gabbard, for working with me on the READI
Act, as well as Senators Schatz and Thune for their leadership on this
legislation in the Senate.
Madam Speaker, I also thank Chairman Pallone and Ranking Member
Walden, and Chairman Doyle and Ranking Member Latta, for their working
with me to move this legislation through the committee.
Madam Speaker, I strongly urge my colleagues to vote ``yes'' on H.R.
6096.
Mr. WALDEN. Madam Speaker, I yield such time as he may consume to the
gentleman from Florida (Mr. Bilirakis), a State that has dealt with a
lot of disasters over the years and will in the future, to talk about
this important legislation.
Mr. BILIRAKIS. Madam Speaker, I appreciate the time very much.
This legislation builds upon the IPAWS Modernization Act, which I
authored and which became law in 2016.
Madam Speaker, I thank the gentleman from California (Mr. McNerney),
the chairman of the committee, and the ranking member. It has been a
great pleasure to serve with all of them on this committee, and I want
to continue to serve on this committee. It is the best committee in
Congress, as far as I am concerned, the original committee.
That bill enhanced the Nation's emergency alert texting system and
implemented training programs for States. I am talking about the IPAWS
Modernization Act, Madam Speaker.
The READI Act builds upon our prior efforts and will ensure more
people receive critical emergency alerts on their mobile phones,
televisions, and radios.
It really works well, Madam Speaker. I am from the great State of
Florida, and we had hurricane warnings for the last couple of weeks for
Eta. I was on the other coast, the east coast, even though I represent
the west coast, visiting friends on the east coast, and I got the alert
on the east coast even though the threat was on the west coast. So, you
know, you have to have planning. And it really works very well. It
saves so many lives.
It also paves the way for examining the feasibility of issuing alerts
through online streaming services, an ever-popular platform, I
understand.
Even more importantly, this bill will help States improve emergency
alert plans and establish reporting systems for false alerts.
I am pleased that this potentially lifesaving legislation has come to
a floor vote. The effectiveness and accuracy of information during an
emergency should always be a top priority, and it is.
Mr. WALDEN. Madam Speaker, I don't believe I have any other speakers
on our side of the aisle on this legislation, so I would urge its
passage.
Madam Speaker, I yield back the balance of my time.
Mr. PALLONE. Madam Speaker, I have no additional speakers. I ask my
colleagues to support the legislation, and I yield back the balance of
my time.
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. 6096, 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.
____________________