[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.

                          ____________________