[Congressional Record Volume 167, Number 126 (Monday, July 19, 2021)]
[House]
[Pages H3647-H3650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PRESERVING HOME AND OFFICE NUMBERS IN EMERGENCIES ACT OF 2021

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 678) to amend the Communications Act of 1934 to provide for 
a moratorium on number reassignment after a disaster declaration, and 
for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 678

       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 2021'' or the ``PHONE Act of 
     2021''.

     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:
       ``(5) 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       ``(ii) the assignment of the number may not be rescinded or 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 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

[[Page H3648]]

     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 (5) of section 251(e) of the 
     Communications Act of 1934 (47 U.S.C. 251(e)), as added by 
     subsection (a).
       (c) Applicability.--Paragraph (5) 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 (5).
       (d) Order of Amendment Execution.--If this Act is enacted 
     before October 17, 2021, section 3(a) of the National Suicide 
     Hotline Designation Act of 2020 (Public Law 116-172) is 
     amended, effective on the date of the enactment of this Act, 
     by striking ``adding at the end'' and inserting ``inserting 
     after paragraph (3)'', so that the paragraph (4) that is to 
     be added by such section to section 251(e) of the 
     Communications Act of 1934 (47 U.S.C. 251(e)) appears after 
     paragraph (3) of such section 251(e) and before the paragraph 
     (5) added to such section 251(e) by subsection (a) of this 
     section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Ohio (Mr. Latta) 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 
have 5 legislative days in which to revise and extend their remarks and 
to include any extraneous material on H.R. 678.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 678, the Preserving 
Home and Office Numbers in Emergencies Act or the PHONE Act.
  The PHONE Act is a bill that Representative   Mike Thompson was 
inspired to write because of stories he heard at home in his district 
in the aftermath of devastating wildfires in northern California. After 
being evacuated by the Atlas and Tubbs fires a few years ago, 
Representative Thompson's constituents returned to their homes 
determined to rebuild what was lost; however, when it came time to hook 
up their telephone service again, they were rightly outraged to 
discover that the phone company had rescinded their phone numbers and, 
in most cases, reassigned them to different subscribers.
  Nobody should have to worry about losing a phone number they have had 
for years because their home or their small business was left 
uninhabitable by a natural disaster like a wildfire or a hurricane. 
This legislation makes sure that that doesn't happen again.
  The PHONE Act prohibits providers from reassigning phone numbers of 
subscribers within an area subject to a major disaster declaration. 
Specifically, if the President has issued a major disaster declaration 
and a Governor has designated the area to the FCC, the phone numbers in 
that designated area cannot be reassigned for 1 year. And then, if a 
subscriber needs more time, this bill allows them to get a year-long 
extension.
  The legislation would also allow consumers whose homes are 
inaccessible or uninhabitable to cancel their service without a 
cancellation fee or resubscription fee when they get phone service 
somewhere else in the area during that covered period.
  What we are doing here, Mr. Speaker, ultimately is ensuring some 
stability for people who have lost their homes or businesses after a 
major disaster hits their community. This is one less thing that a 
resident or a small business will have to worry about as they work to 
pick up the pieces. In the age of robocalls, our phone numbers are how 
our friends and family know exactly who is trying to reach them when we 
call, and that is why this legislation is necessary.
  When disaster strikes, our constituents should know they won't lose 
their numbers; especially the seniors and the small businesses who rely 
on landline telephones more than others.
  Mr. Speaker, I want to thank Representative Thompson for his tireless 
leadership on this issue, as well as my Republican colleagues, for 
working with us to improve the bill before it passed the House last 
Congress. This is a really good bill, the same bill we passed and sent 
to the Senate last fall.
  Mr. Speaker, I urge my colleagues to support this commonsense 
legislation. I hope our colleagues in the Senate will finally take up 
the PHONE Act, and I reserve the balance of my time.
  Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today to speak on H.R. 678, the PHONE Act. This 
legislation will ensure that Americans whose homes are lost during a 
fire or other natural disaster do not have to worry about losing their 
home phone numbers.
  As we have seen from the horrific fires over the last several years, 
they destroy everything in their path. No matter how resilient a home 
or communications tower may be, you cannot regulate your way out of a 
fire's burning path.
  Today, when a natural disaster strikes, the Federal Emergency 
Management Agency, FEMA, is activated to provide housing assistance and 
other resources to respond to the crisis at hand. If your home is 
completely burned to the ground, the last thing that you should have to 
worry about is if your home phone number will be available when you 
return.
  Thankfully, the Federal Communications Commission, FCC, can prevent 
that from happening. The FCC can 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. This 
bill codifies that process, but we still must be cautious. This type of 
relief should only apply to areas where significant physical damage has 
occurred to render a home uninhabitable, as is the objective of the 
bill.
  It is FEMA's role to determine which households have actually 
sustained damage in an affected county, which this bill does not 
codify, and we hope can be addressed as it moves through the process. 
As the experts on the ground, we should defer to their assessment 
before these regulations go into effect.
  While it may be easy to grab a cell phone upon evacuating, landlines 
cannot be brought on the go. For many people, especially our seniors, 
they rely on their landline phone number to stay connected to family, 
their doctor, and others during such a trying time in their life. 
During a traumatic event, one less thing they should not have to worry 
about is losing their home phone number.
  I ask for support of this measure moving forward, and I reserve the 
balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield such time as he may consume to the

[[Page H3649]]

gentleman from California (Mr. McNerney).
  Mr. McNERNEY. Mr. Speaker, I rise today in support of H.R. 678, the 
PHONE Act. As we stand here today, wildfires are raging across the 
West, including in my home of northern California.
  Last year, California witnessed a devastating and terrible fire 
season. We saw some of the largest fires in the State's history and a 
record-breaking 4.4 million acres burned. Nearly every part of the 
State was blanketed by fire and smoke, and we really haven't gotten 
much of a break. The number of wildfires and the amount of land burned 
in our State so far this year greatly exceeds the totals for the same 
period last year.
  Climate change is resulting in longer and more extreme wildfire 
seasons, and this is expected to continue. Worrying about deadly fires 
spreading quickly is the new norm that my constituents are now living 
in. And worrying about whether they will have to evacuate their homes 
is also 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 all 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 their ability to keep their phone numbers.
  Under this legislation, communications providers will be prohibited 
from reassigning phone numbers of customers in areas covered by a major 
disaster declaration for the duration of the declaration, and this may 
be extended. The bill would also prohibit providers from assessing 
early termination fees to cancel services or connection fees to 
resubscribe to a new address for subscribers whose residence is 
inaccessible or uninhabitable due to major disaster.
  There is so much that wildfire victims already have to worry about. 
We must move quickly to ensure the PHONE Act is signed into law so 
there is one less item on their plate. It is hard enough to pick up the 
pieces after a disaster. Let's not add insult to injury.
  Mr. Speaker, I want to thank my good friend, Representative   Mike 
Thompson, for his work on this legislation.
  Mr. LATTA. Mr. Speaker, I am prepared to close. I support H.R. 678 
moving forward, and I yield back the balance of my time.

                              {time}  1515

  Mr. PALLONE. Mr. Speaker, I yield myself the balance of my time.
  Before we conclude this series of bills under the jurisdiction of the 
Energy and Commerce Committee, I want to say that this is a bittersweet 
day for me. After 25 years of outstanding service, Jeff Carroll, who is 
sitting behind me here, who has been my longtime chief of staff and is 
now the staff director of the committee, will be leaving the House at 
the beginning of August, in just another 10 days or so.
  It would be an understatement to say that Jeff has been my most 
trusted adviser for almost my entire time in Congress. He is known to 
Members and staff on both sides of the aisle for his candor, political 
savvy, and commitment to the little guy.
  He has never forgotten his roots back in New Jersey. That, again, 
would be an understatement. Many of you know that he is a diehard fan 
of Bruce Springsteen, but also the Mets, the Giants, and the vaunted 
pork roll. He is a Jersey guy through and through. I don't think 
anybody would argue with that.
  He joined my staff as an executive assistant in 1997 after graduating 
from George Washington University. I won't tell you how many people 
from GW he has hired in the office and on the committee. Before that, 
he briefly served as a staff assistant to New Jersey's then-Senator, 
Robert Torricelli.
  Shortly after joining my staff, Jeff took on the added responsibility 
of serving as my legislative aide on both labor and defense issues. It 
was here that he began his longtime work of protecting New Jersey 
military installations from closure.
  He was my defense staffer on 9/11 and during the debate on the 
Authorization for Use of Military Force against Iraq. I valued his 
counsel at the time, and my vote against that authorization and the 
invasion into Iraq remains one of my most proud moments as a Member of 
the House. But I have to tell you, without Jeff, it might not have 
turned out that way.
  Within 6 years, he became my chief of staff, serving with distinction 
the people of New Jersey's Sixth Congressional District for 12 years.
  Without a doubt, the largest crisis that we confronted during his 
time as my chief of staff was Superstorm Sandy in 2012. My 
congressional district is along the coast of north Jersey, and was one 
of the hardest hit districts in the country by Sandy. For more than a 
year, Jeff led my team in response and recovery, literally being out 
there. Both in New Jersey and here, they worked around the clock, 
helping families and small businesses pick up the pieces.
  Jeff also fought relentlessly, along with me and others in New Jersey 
and New York, to make sure we received the Federal assistance that our 
States needed and deserved.
  In 2015, when I was elected the ranking member of the Energy and 
Commerce Committee--and that was certainly in large part because of 
Jeff--he became the Democratic staff director. Then, 4 years later, 
when I became the chairman of the committee, Jeff became the committee 
staff director.
  As staff director of the committee, Jeff has led the committee staff 
in all the committee's accomplishments over the last 6 years. I am 
going to list some of them, but I have to tell you, it is an incredible 
list of accomplishments through Jeff's efforts, including, of course, 
the latest, the COVID-19 pandemic and the severe economic downturn.
  Jeff helped shepherd four bills through the House to help combat the 
coronavirus that became law. These laws ensured Congress provided the 
tools and resources needed to bring an end to this terrible pandemic 
while also providing relief to struggling American families.
  Besides responding to the pandemic, Jeff was instrumental in our 
efforts, and I want to list some of the very important bills: to end 
surprise medical bills; to reduce and block robocalls; to phase down 
the production and consumption of hydrofluorocarbons and mandate the 
repair of methane leaks; to protect Americans from suspected foreign 
communications network equipment; to reauthorize the Safe Drinking 
Water Act for the first time in 20 years; to expand treatment for 
people fighting opioid use disorder; to invest in new medical 
treatments and cures for some of the most debilitating and life-
threatening diseases; to modernize the Toxic Substances Control Act, 
which took about 14 years, to better protect public health and the 
environment; and to extend critical funding for programs that improve 
the health and welfare of millions of children, families, and seniors 
across the country. That is not an exaggeration, Jeff's role in all of 
that.
  He has been by my side through my greatest trials and achievements in 
office. My congressional office, the Energy and Commerce Committee, the 
Congress, and the Nation have benefited enormously from Jeff's 
commitment to achieving meaningful progress for the American people.
  It means time away from his family. There have been a lot of long 
nights, late-night phone calls, which I am known for, and weekends 
spent working to move forward.
  I don't know what to say other than to acknowledge the unwavering 
support that Jeff has received from his wife, Shannon; his daughter, 
Lizzie; and his son, Ryan. I thank them for sharing Jeff with all of us 
for all these years.
  I know I am going to be talking to Jeff and getting advice from Jeff, 
but when I say bittersweet, I really mean it. I don't know how we are 
going to do without him, but I guess we have to continue. That is the 
way it goes.
  Mr. Speaker, I want to conclude by saying that the American people 
have benefited from Jeff Carroll's 25 years of public service. I am 
going to miss him tremendously, and I wish him nothing but the best in 
his future pursuits.
  Mr. LATTA. Will the gentleman yield?
  Mr. PALLONE. I yield to the gentleman from Ohio.

[[Page H3650]]

  

  Mr. LATTA. Mr. Speaker, I want to congratulate Jeff on his future 
endeavors.
  Our staffs do so much for us. As the chairman was speaking, I was 
thinking that the hours that they put in aren't ever recognized, 
including the work over the weekends. I know when I have talked to our 
committee staff, especially when we have worked on pieces of 
legislation the last several Congresses, with the amount of work that 
goes into it, we have to thank our staff.
  For all his years of service here and for his future endeavors, I 
give him my best wishes.
  Mr. PALLONE. Mr. Speaker, I yield back the balance of my time.
  Mr. THOMPSON of California. Mr. Speaker, I rise in strong support of 
my bill, the PHONE Act of 2021.
  My district has been ravaged by wildfire every year since 2017. 
Thousands of homes have burned, and many families have been displaced. 
Following these fires, survivors called my office and told me they were 
losing their landline numbers because their phones had been 
disconnected for too long after their houses were destroyed.
  Fire survivors face so many hurdles on the road to recovery. Losing 
their phone number is the last thing they should worry about. That's 
why I introduced the PHONE Act with Representative Newhouse. This 
bipartisan legislation allows disaster survivors to keep their phone 
numbers and have some peace of mind while they rebuild.
  I thank Chairwoman Eshoo and the Committee for their attention to 
this important issue and I urge a yes vote on the PHONE Act.
  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. 678.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. MILLER of Illinois. Mr. Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________