[Congressional Record Volume 149, Number 158 (Tuesday, November 4, 2003)]
[House]
[Pages H10288-H10293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    E-911 IMPLEMENTATION ACT OF 2003

  Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2898) to improve homeland security, public safety and citizen 
activated emergency response capabilities through the use of enhanced 
911 wireless services, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 2898

       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 ``E-911 Implementation Act of 
     2003'' .

     SEC. 2. COORDINATION OF E-911 IMPLEMENTATION.

       Part C of title I of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 901 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.

       ``(a) E-911 Implementation Coordination Office.--
       ``(1) Establishment.--The Assistant Secretary and the 
     Administrator of the National Highway Traffic Safety 
     Administration shall--
       ``(A) establish a joint program to facilitate coordination 
     and communication between Federal, State, and local emergency 
     communications systems, emergency personnel, public safety 
     organizations, telecommunications carriers, and 
     telecommunications equipment manufacturers and vendors 
     involved in the implementation of E-911 services; and
       ``(B) create an E-911 Implementation Coordination Office to 
     implement the provisions of this section.
       ``(2) Management plan.--The Assistant Secretary and the 
     Administrator shall jointly develop a management plan for the 
     program established under this section. Such plan shall 
     include the organizational structure and funding profiles for 
     the 5-year duration of the program. The Assistant Secretary 
     and the Administrator shall, within 90 days after the date of 
     enactment of this Act, submit the management plan to the 
     Committees on Energy and Commerce and Appropriations of the 
     House of Representatives and the Committees on Commerce, 
     Science, and Transportation and Appropriations of the Senate.
       ``(3) Purpose of office.--The Office shall--
       ``(A) take actions, in concert with coordinators designated 
     in accordance with subsection (b)(3)(A)(ii), to improve such 
     coordination and communication;
       ``(B) develop, collect, and disseminate information 
     concerning practices, procedures, and technology used in the 
     implementation of E-911 services;
       ``(C) advise and assist eligible entities in the 
     preparation of implementation plans required under subsection 
     (b)(3)(A)(iii);
       ``(D) receive, review, and recommend the approval or 
     disapproval of applications for grants under subsection (b); 
     and
       ``(E) oversee the use of funds provided by such grants in 
     fulfilling such implementation plans.
       ``(4) Reports.--The Assistant Secretary and the 
     Administrator shall provide a joint annual report to Congress 
     by the first day of October of each year on the activities of 
     the Office to improve coordination and communication with 
     respect to the implementation of E-911 services.
       ``(b) Phase II E-911 Implementation Grants.--
       ``(1) Matching grants.--The Assistant Secretary and the 
     Administrator, after consultation with the Secretary of 
     Homeland Security and the Chairman of the Federal 
     Communications Commission, and acting through the Office, 
     shall provide grants to eligible entities for the 
     implementation of phase II E-911 services through planning, 
     infrastructure improvements, telecommunications equipment 
     purchases, and personnel training.
       ``(2) Matching requirement.--The Federal share of the cost 
     of a project eligible for a grant under this section shall 
     not exceed 50 percent. The non-Federal share of the cost 
     shall be provided from non-Federal sources.
       ``(3) Coordination required.--In providing grants under 
     paragraph (1), the Assistant Secretary and the Administrator 
     shall require an eligible entity to certify in its 
     application that--
       ``(A) in the case of an eligible entity that is a State 
     government, the entity--
       ``(i) has coordinated its application with the public 
     safety answering points (as such term is defined in section 
     222(h)(4) of the Communications Act of 1934) located within 
     the jurisdiction of such entity;
       ``(ii) has designated a single officer or governmental body 
     of the entity to serve as the coordinator of implementation 
     of E-911 services, except that such designation need not vest 
     such coordinator with direct legal authority to implement E-
     911 services or manage emergency communications operations;
       ``(iii) has established a plan for the coordination and 
     implementation of E-911 services; and
       ``(iv) has integrated telecommunications services involved 
     in the implementation and delivery of phase II E-911 
     services; or
       ``(B) in the case of an eligible entity that is not a 
     State, the entity has complied with clauses (i), (iii), and 
     (iv) of subparagraph (A), and the State in which it is 
     located has complied with clause (ii) of such subparagraph.
       ``(4) Criteria.--The Assistant Secretary and the 
     Administrator shall jointly issue regulations within 180 days 
     of the enactment of the E-911 Implementation Act of 2003, 
     after a public comment period of not less than 60 days, 
     prescribing the criteria for selection for grants under this 
     section, and shall update such regulations as necessary.
       ``(c) Diversion of E-911 Charges.--
       ``(1) Designated e-911 charges.--For the purposes of this 
     subsection, the term `designated E-911 charges' means any 
     taxes, fees, or other charges imposed by a State or other 
     taxing jurisdiction that--
       ``(A) appear on telecommunications services customers' 
     bills; and
       ``(B) are designated or presented as dedicated to deliver 
     or improve E-911 services.
       ``(2) Certification.--Each applicant for a matching grant 
     under this section shall certify to the Assistant Secretary 
     and the Administrator at the time of application, and each 
     applicant that receives such a grant shall certify to the 
     Assistant Secretary and the Administrator annually thereafter 
     during any period of time during which the funds from the 
     grant are available to the applicant, that no portion of any 
     designated E-911 charges imposed by a State or other taxing 
     jurisdiction within which the applicant is located are being 
     obligated or expended for any purpose other than the purposes 
     for which such charges are designated or presented.
       ``(3) Condition of grant.--Each applicant for a grant under 
     this section shall agree, as a condition of receipt of the 
     grant, that if the State or other taxing jurisdiction within 
     which the applicant is located, during any period of time 
     during which the funds from the grant are available to the 
     applicant, obligates or expends designated E-911 charges for 
     any purpose other than the purposes for which such charges 
     are designated or presented, all of the funds from such grant 
     shall be returned to the Office.
       ``(4) Penalty for providing false information.--Any 
     applicant that provides a certification under paragraph (1) 
     knowing that the information provided in the certification 
     was false shall--
       ``(A) not be eligible to receive the grant under subsection 
     (b);
       ``(B) return any grant awarded under subsection (b) during 
     the time that the certification was not valid; and
       ``(C) not be eligible to receive any subsequent grants 
     under subsection (b).
       ``(d) Authorization; Termination.--
       ``(1) Authorization.--There are authorized to be 
     appropriated to the Department of Transportation, for the 
     purposes of grants under the joint program operated under 
     this section with the Department of Commerce, not more than 
     $100,000,000 for each of the fiscal years 2004 through 2008.
       ``(2) Termination.--The provisions of this section shall 
     cease to be effective on October 1, 2008.
       ``(e) Definitions.--As used in this section:
       ``(1) Office.--The term `Office' means the E-911 
     Implementation Coordination Office.

[[Page H10289]]

       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of the National Highway Traffic Safety 
     Administration.
       ``(3) Eligible entity.--
       ``(A) In general.--The term `eligible entity' means a State 
     or local government or a tribal organization (as defined in 
     section 4(l) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(l))).
       ``(B) Instrumentalities.--Such term includes public 
     authorities, boards, commissions, and similar bodies created 
     by one or more eligible entities described in subparagraph 
     (A) to provide E-911 services.
       ``(C) Exception.--Such term does not include any entity 
     that has failed to submit the most recently required 
     certification under subsection (c) within 30 days after the 
     date on which such certification is due.
       ``(4) E-911 services.--The term `E-911 services' means both 
     phase I and phase II enhanced 911 services, as described in 
     section 20.18 of the Commission's regulations (47 CFR 20.18), 
     as in effect on the date of enactment of this section, or as 
     subsequently revised by the Federal Communications 
     Commission.
       ``(5) Phase ii e-911 services.--The term `phase II E-911 
     services' means only phase II enhanced 911 services, as 
     described in such section 20.18 (47 CFR 20.18), as in effect 
     on such date, or as subsequently revised by the Federal 
     Communications Commission.''.

     SEC. 3. REPORT ON THE DEPLOYMENT OF E-911 PHASE II SERVICES 
                   BY TIER III SERVICE PROVIDERS.

       Within 90 days after the date of enactment of this Act, the 
     Federal Communications Commission shall submit a report to 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate detailing--
       (1) the number of tier III commercial mobile service 
     providers that are offering phase II E-911 services;
       (2) the number of requests for waivers from compliance with 
     the Commission's phase II E-911 service requirements received 
     by the Commission from such tier III providers;
       (3) the number of waivers granted or denied by the 
     Commission to such tier III providers;
       (4) how long each waiver request remained pending before it 
     was granted or denied;
       (5) how many waiver requests are pending at the time of the 
     filing of the report;
       (6) when the pending requests will be granted or denied;
       (7) actions the Commission has taken to reduce the amount 
     of time a waiver request remains pending; and
       (8) the technologies that are the most effective in the 
     deployment of phase II E-911 services by such tier III 
     providers.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Upton) and the gentlewoman from California (Ms. Eshoo) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan (Mr. Upton).


                             General Leave

  Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and insert extraneous material on H.R. 2898.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today we consider H.R. 2898, the E-911 Implementation 
Act of 2003, bipartisan legislation introduced by two members of the 
Committee on Energy and Commerce Subcommittee on Telecommunications and 
the Internet, the gentleman from Illinois (Mr. Shimkus) and the 
gentlewoman from California (Ms. Eshoo). As chairman of the 
Subcommittee on Telecommunications and the Internet, I am a proud 
original sponsor of this legislation as well.
  Mr. Speaker, what many of our constituents may not realize is that 
when they make a 911 call from their cell phones, many emergency 
dispatch centers, otherwise known as public service answering points or 
PSAPs, cannot automatically locate where that call is coming from, 
unlike when such calls are made from landlines. All too often, we have 
heard horrific stories of how first responders could not get to a cell 
phone 911 caller quickly enough, or maybe not even at all, because they 
could not automatically locate where that caller was, and the 
circumstances were such that the caller was not able to tell the first 
responder where they were calling from. In such emergencies, time is of 
the essence. Seconds in such emergency responses can literally mean the 
difference between life and death.
  For a number of years, our Nation's wireless carriers and PSAPs have 
been in the midst of deploying Phase II E-911, which would, in fact, 
provide PSAPs with the automatic location information of cell phone 
callers who dial 9-1-1. While our Nation's wireless carriers have been 
deploying the technology and the infrastructure to achieve Phase II E-
911, our Nations PSAPs have been confronted by enormous challenges in 
getting their piece of the puzzle in place.
  Our Subcommittee on Telecommunications and the Internet held a number 
of hearings on how we could overcome these challenges, and we arrived 
at a number of conclusions which form the basis of this legislation, 
H.R. 2898.
  First and foremost, we need to help our Nation's PSAPs cope with the 
financial demands of becoming Phase II ready. This bill answers the 
call by providing a significant grant program in the amount of $100 
million a year for 5 years, with a 50 percent non-Federal match 
requirement to States and municipalities to help them procure their 
Phase II equipment as well as their training.
  Second, we need to ensure coordination and information sharing at all 
levels of government and with the other stakeholders as they continue 
to sort through the maze of challenges that lay ahead. This bill 
answers that call, too, by not only incentivizing States to have 
statewide E-911 coordinators, but also establishing a new Federal E-911 
Coordination Office that will be a joint program office between NHTSA 
and the NTIA.
  Third, we heard that some States have raided their E-911 surcharge 
monies collected from wireless customers for things completely 
unrelated to E-911. This is nothing more than picking the pockets of 
consumers and stealing the funds which should be going toward 
deployment of this life-saving technology. This bill answers that call 
by creating disincentives to States who raid those E-911 funds. More to 
the point, no entity will be eligible for grant monies under this bill 
if they reside in a State that is raiding those E-911 surcharge 
accounts.
  This bill has been favorably and unanimously reported out of our 
subcommittee and the full committee as well. Also, I would note it has 
been endorsed by two major public safety communications associations: 
The National Emergency Numbering Association and the Association of 
Public Safety Communications Officers, not to mention the Cellular 
Telecommunication and Internet Association.
  I commend the gentleman from Illinois (Mr. Shimkus), who will be 
speaking later, as well as the gentlewoman from California (Ms. Eshoo) 
who will control the time for the other side for their bipartisan 
leadership on this important issue.
  I also thank the gentleman from Louisiana (Chairman Tauzin); the 
ranking member on the full committee, the gentleman from Michigan (Mr. 
Dingell); and the gentleman from Massachusetts (Mr. Markey), the 
subcommittee ranking member, for their cooperation and teamwork. 
Finally, I want to thank the staff who have committed so much time and 
effort to the legislation, including Howard Waltzman and Will Nordwind 
from the majority committee and subcommittee staffs; Pete Filon and 
Colin Crowell from the minority committee and subcommittee staffs; and 
Courtney Anderson and Eric Olson for the sponsors' staff.
  Mr. Speaker, getting Phase II E-911 deployed will save lives, so 
passage of this bill is of the utmost importance. I would urge Members 
to support this important piece of legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ESHOO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of this E-911 
Implementation Act of 2003, legislation introduced with the gentleman 
from Illinois (Mr. Shimkus), who is also the cochair of the E-911 
caucus, and a long-time partner in ensuring that our public safety 
community has the very best tools to locate every caller who dials 9-1-
1.
  The tragic events of September 11 and the continuing threat of 
terrorism within our country have increased the need for a reliable 911 
system. Citizens across the country are being encouraged to call 9-1-1 
whenever they notice suspicious activity. Our 911 system is really the 
backbone of hometown security.
  E-911 or Enhanced 911 provides caller information, location 
information to public safety officials the second a call

[[Page H10290]]

is made. Many people do not realize that when an emergency call is made 
to 911, the speed with which the ambulance or the police car is 
dispatched depends on whether you are calling from your home phone or 
your cellular phone. Our bill ensures there is no difference in 
response between landline and cellular phones because every second 
counts when there is a life-threatening emergency.
  Why should this be a priority for the Federal Government and the 
Congress, because over 150,000 wireless 911 calls are made every day 
representing over half of the 911 calls in our country. Each one of 
these calls is the single most important one that an individual will 
make because cell phones can and do save lives.
  I have worked on this issue since 1996, when I introduced legislation 
to ensure that public safety entities would have the same ability to 
locate a wireless call as they do a wireline call.

                              {time}  1545

  The bill we bring before the House today passed both the Subcommittee 
on Telecommunications and the Internet and then the full Committee on 
Energy and Commerce by unanimous votes. That is not an easy thing to do 
with most legislation, so I am really proud of the effort that has been 
launched.
  There are two key shortcomings hindering wireless 911 implementation 
today: funding and coordination. Our bill addresses both of these 
shortcomings by creating a joint E-911 implementation and coordination 
office at the Departments of Commerce and Transportation to better 
coordinate Federal, State, and local emergency communication services. 
If they are not coordinated, in short, it is not going to work. By 
authorizing $500 million in grants over 5 years to enhance our 
emergency communication systems all across our country in all of our 
communities; and by preventing any State that has diverted their 911 
fees for other purposes from qualifying for these Federal dollars. So 
we are motivating the States to join with us and to be able to make use 
of the dollars that we are setting up and not divert the money for 
other uses anymore.
  Unfortunately, some States, including my own State of California, 
have raided the funds they have collected for 911 services, and they 
have used the funds for other purposes. This bill will end that 
practice, and we will be able to use the dollars that are collected to 
upgrade our E-911 facilities. This bill provides a Federal 
authorization to upgrade and to improve that emergency communication 
network across our country.
  As my colleagues know, every bill authorizing Federal funds must be 
coupled with corresponding appropriation. I will work with my 
colleagues on both sides of the aisle to make sure that this very 
important authorization is fully funded. If it is not, it is not going 
to work.
  No bill makes it to the floor of the House without the support and 
the guidance of our chairmen and our ranking members. I want to 
especially thank and salute Chairman Tauzin and Chairman Upton, without 
them, clearly we would not be here today, as well as Ranking Members 
Dingell and Markey for making this bill a priority. I also want to 
thank the staff members who helped shape this legislation, especially 
Howard Waltzman who has done yeoman's work. I really salute you, 
Howard. And to Will Norwind with the Committee on Energy and Commerce 
staff; Peter Filon with the gentleman from Michigan (Mr. Dingell); 
Colin Crowell with the gentleman from Massachusetts (Mr. Markey); 
Courtney Anderson with the gentleman from Illinois (Mr. Shimkus); and 
our wise telecommunication legislative counsel, Steve Cope. No one has 
done more, in my view, than Eric Olson of my staff. I am proud of his 
work, and I am very grateful to him for it.
  I would also like to thank Steve Seitz, Richard Taylor, John Melcher, 
and the brave men and women of the National Emergency Numbering 
Association who continually strive to improve and enhance our Nation's 
emergency communications system. I am especially proud of Chip 
Yarborough, a member of NENA, who has worked tirelessly to ensure the 
911 system in my congressional district works seamlessly to help those 
who need it. Bob Gurss with the Association of Public Safety 
Communications Officials, David Ayward of ComCare, Jonas Neihardt with 
Qualcomm, Mike Amarosa of True Position and the Cellular Telephone 
Industry Association all deserve our thanks for making E-911 a 
priority. Their critical assistance has really ensured that this bill 
improved at every step of the process. It has been a long journey, and 
I want to salute them, too.
  Last but not least, I want to thank the gentleman from Illinois (Mr. 
Shimkus), my wonderful colleague and partner in this. He has been a 
believer. He has been a leader. He has used his humor as well as all 
his legislative tools to move this along. I cannot thank him enough. He 
has been a wonderful partner. It has been fun doing this with the 
gentleman.
  I urge all of my colleagues to support this legislation because it is 
good for our country and it is going to move us ahead and be able to 
coordinate at every level for every emergency whether it is at the 
local level or at the national level. I am proud to have been a part of 
this.
  Mr. Speaker, I yield back the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Louisiana (Mr. Tauzin), the chairman of the full 
committee.
  Mr. TAUZIN. Mr. Speaker, let me first indicate that, of course, I am 
rising in strong support of H.R. 2898, the E-911 Implementation Act of 
2003. House bill 2898 has already passed the House Committee on Energy 
and Commerce; and it did so unanimously, as one might expect.
  Mr. Speaker, it is important we commend the authors, first of all. I 
want to congratulate the gentleman from Illinois (Mr. Shimkus) and the 
gentlewoman from California (Ms. Eshoo) for this incredibly important 
legislation. I obviously want to thank the gentleman from Michigan (Mr. 
Upton), the chairman of the subcommittee, who has done such a great 
job, along with the gentleman from Massachusetts (Mr. Markey), the 
ranking member, in moving this bill forward. Of course, we always need 
to extend our great thanks for the cooperative spirit we always get 
from the ranking member of our committee, the gentleman from Michigan 
(Mr. Dingell), who has on so many occasions provided the bipartisan 
spirit by which we move important pieces of legislation like this.
  Mr. Speaker, most of the bills we debate in this body are about 
money, about how to spend it and who to spend it on and what are our 
priorities, how to raise it and how to distribute it in this great 
country. This bill is about lives. It is about saving lives. It is 
about improving the infrastructure by which this country addresses the 
worst of situations Americans find themselves in, lost on a highway, in 
the middle of an accident with nobody there to help them; a young woman 
on a bike path or a jogging path who gets assaulted, who tries to get 
help in the 911 system but no one can locate her.
  It is about whether or not an ambulance arrives in time to save a 
life or in some cases to save a limb or to save someone from a 
debilitating injury that could have been prevented if only the first 
responders could have gotten there in time. It is also about in this 
time of national concern with terrorism and this war we constantly 
battle now, a question of whether our infrastructure is going to be 
good enough for us to quickly respond when things happen that we hope 
will not happen again in this country.
  It is about saving lives, like the Firestone investigation that our 
committee conducted several years ago that produced the first major 
rewrite of highway safety laws in 30 years that was adopted in this 
House unanimously and in the Senate unanimously. A remarkable process. 
Like that bill, this bill when it becomes law, when it is fully 
implemented, will save American lives, will create the possibility of 
smart cars, will take the search out of search and rescue, and will 
give us a chance to quickly locate people who need to be located 
quickly because relief, help, medical attention, other services must 
reach them quickly to save a life or prevent, as I said, a debilitating 
injury. E-911 is all about that.
  The grants in this bill will go to those communities that more 
aggressively push out the PSAPs, the point of

[[Page H10291]]

answers in the local systems that are going to be important to this 
system to work. It is going to help wireless systems and the wired 
systems cooperate so that we can in fact have an infrastructure that 
communicates well with one another. Those points of presence that are 
going to make a difference as to whether or not you have E-911 present 
in your community are going to be spreading out across this country and 
be more available to more and more communities as a result of the 
grants in this program. This bill makes it clear to communities that 
the moneys we have given them for E-911 deployment that have been 
siphoned off and used for other purposes is not going to be tolerated. 
This is lifesaving money, and no one should be raiding those funds for 
any other purpose. This bill makes it clear we will not tolerate that 
anymore.
  The sooner these systems are in place, trust me, someone you love 
will thank you, because someone you know, someone you love in the 
district you are so honored and privileged to represent back home, 
someone will have some life saved. Someone will come out of a horrible 
accident with help in time to prevent a disabling condition that could 
have been prevented if the ambulance or the medics arrived in time. 
Someone will thank you that today this House, and hopefully the other 
body quickly, will pass a law that implements this system sooner rather 
than later in time to make a difference. That is how important this 
legislation is today.
  So while we stay here in the waning days of November trying to wrap 
up our money business, all our appropriation measures and a few other 
critical, important things, today will be an extremely important day in 
the history of this Congress, because today we are going to save some 
lives.
  Mr. Speaker, I rise today in strong support of H.R. 2898, the E-911 
Implementation Act of 2003. H.R. 2898 passed the House Energy and 
Commerce Committee unanimously on October 1st.
  I commend the bill's sponsor, Representatives Shimkus and Eshoo, for 
introducing this important legislation. And I commend Subcommittee 
Chairman Upton and Ranking Member Markey for moving it expeditiously 
through their subcommittee. Finally, I want to thank my good friend 
John Dingell for his cooperation with moving H.R. 2898 through our 
committee.
  H.R. 2898 will help states and localities that are making a strong 
effort to implement Phase II E-911 services. The nation's largest 
wireless carriers have done a good job implementing or putting 
themselves on a clear path to implementing Phase II E-911 technology in 
their networks and handsets.
  But the readiness of carriers to provide safety answer points (PSAPs) 
with location information will be meaningless if PSAPs do not have the 
ability to use such information. And too many PSAPs are woefully behind 
in deploying E-911 services. Only 18 percent of PSAPs and 11.8 percent 
of counties nationwide have implemented Phase II E-911 technology.
  Mr. Speaker, nationwide implementation of Phase II technology has 
enormous public safety and homeland security benefits for the United 
States. We can save countless lives if emergency personnel can locate 
people with life-threatening injuries. And law enforcement will be able 
to prevent or detect more terrorist activities.
  Mr. Speaker, I would like to dispel a few myths about this bill. This 
bill does not reward counties and PSAPs that are sitting on their hands 
rather than deploying Phase II services.
  No state, county, or PSAP, can simply come to the federal government 
and ask it to pay for Phase II deployment. H.R. 2898 has a minimum 50 
percent matching requirement. You have to be actively engaged in Phase 
II deployment in order to qualify for money under this program.
  Some have argued that Congress does not need to authorize new 
spending for this initiative and that funding for it should be derived 
from existing homeland security and law-enforcement funds. Well, 
robbing Peter to pay Paul is not how we are going to solve our nation's 
homeland security and law-enforcement problems. Congress should be 
funding homeland security and E-911 initiatives; Congress should not 
choose between the two.
  Some have argued that H.R. 2898 does not provide enough specific 
eligibility criteria to ensure that the agencies implementing the 
legislation will not provide grants to wealthy counties. But Congress 
does not need to unnecessarily tie the hands of NTIA and NHTSA. I 
expect NTIA and NHTSA to work very closely with Congress when it crafts 
the eligibility requirements. Grants should be, and will be, 
distributed based on means and will reward entities that are devoting 
significant resources of their own on Phase II E-911 deployment.
  And this bill ensures that grants cannot be distributed to counties 
in states that are raiding E-911 funds for other purposes. This 
critical element of the bill provides a huge incentive to states and 
localities to devote their resources to E-911 deployment.
  Mr. Speaker, I again commend my colleagues for their hard work on 
H.R. 2898, and I strongly urge my colleagues to vote in favor of this 
legislation.
  Mr. UPTON. Mr. Speaker, I submit three letters for printing in the 
Congressional Record: one from the CTIA, another from APCO, and the 
remaining one from the National Emergency Number Association in support 
of the legislation.

               Cellular Telecommunications & Internet Association,


                             Washington, DC, October 27, 2003.

     Hon. Billy Tauzin,
     Chairman,
     Hon. John Dingell,
     Ranking Member,
     Committee on Energy and Commerce,
     House of Representatives, Washington, DC.
       Dear Chairman Tauzin and Congressman Dingell: On behalf of 
     the Cellular Telecommunications & Internet Association 
     (CTIA), I would like to express our support for H.R. 2898, 
     the E9-1-1 Implementation Act of 2003. CTIA represents more 
     than 400 member companies, including both wireless carriers 
     and manufacturers of wireless telecommunications equipment.
       Once in place, E9-1-1 location technology will speed 
     delivery of emergency services to people in need. 
     Unfortunately, too often, states and localities have diverted 
     E9-1-1 funds collected by carries from wireless consumers to 
     fund unrelated activities. This legislation will protect E9-
     1-1 funds while simultaneously strengthening statewide 
     coordination and cooperation among local phone companies, 
     wireless carriers, and public safety. The wireless industry 
     has made important strides in developing and implementing E9-
     1-1 location technology. H.R. 2898 will help ensure that 
     states and localities develop the necessary ``best 
     practices'' to efficiently and effectively deploy location 
     technology.
       The wireless industry remains committed to implementing 
     this vital technology and applauds your leadership on this 
     important issue.
           Sincerely,
     Steven K. Berry.
                                  ____

                                         National Emergency Number


                                                  Association,

                                 Washington, DC, October 27, 2003.
     Hon. John Shimkus,
     Hon. Anna Eshoo,
     House of Representatives,
     Washington, DC.
       Dear Representatives Shimkus and Eshoo: Those of us in the 
     public safety community have long championed the belief that 
     a robust nationwide Enhanced 9-1-1 (E9-1-1) system for 
     wireless telephone calls is one of the most important 
     components of a nationwide plan to promote national security 
     and public safety. The accomplishment of this goal requires 
     close coordination among public safety officials, the 
     communications industry, and relevant government officials.
       On behalf of the National Emergency Number Association 
     (NENA), and our 7,000 members, we applaud your leadership, 
     initiative and co-sponsorship of H.R. 2898, the ``E9-1-1 
     Implementation Act of 2003.'' We further support your 
     leadership, by endorsing H.R. 2898 and the need for national 
     legislation to provide additional funding for state and local 
     government implementation of E9-1-1 across the nation.
       In supporting H.R. 2898, we seek priority of our nation's 
     9-1-1 system. And as a national priority, we must stop the 
     improper siphoning of public funds that have been set aside 
     to upgrade the 9-1-1 system. Equally we must provide 
     additional assistance from the federal government to complete 
     the implementation of E9-1-1. Enabling our 9-1-1 system to 
     locate a caller in an emergency is fundamental to our 
     nation's homeland security, defense and response capabilities 
     in the 21st Century.
       While there is much to applaud in the many ongoing efforts 
     to implement E9-1-1, the goal of E9-1-1 ``anywhere and 
     everywhere'' remains elusive. For this reason, we strongly 
     encourage and support a greater role from the federal 
     government to provide resources, leadership and expectations 
     to ensure a fully functional E9-1-1 system today; and well 
     into the future.
       Again, we thank you for your leadership and urge the 
     Congress to take steps to improve our nation's 9-1-1 system.
                                                   Richard Taylor,
     President.
                                  ____



                                           APCO International,

                              Daytona Beach, FL, October 27, 2003.
     Hon. W.J. Tauzin,
     Chairman, Energy and Commerce Committee,
     House of Representatives, Washington, DC.
       Dear Chairman Tauzin: I am writing to reiterate our strong 
     support for H.R. 2898, the ``E9-1-1 Implementation Act of 
     2003.'' The bill will provide a critical source of funding to 
     help state and local governments to implement technology to 
     locate 9-1-1 emergency calls from wireless telephones.

[[Page H10292]]

       FCC regulations currently require wireless telephone 
     companies to implement technology to locate 9-1-1 calls. 
     Without that capability, emergency first responders may be 
     unable to find emergencies in time to save lives and 
     property, especially where those reporting the emergency are 
     unable to identify accurately their exact location.
       State and local government emergency communications 
     centers, known as ``Public Safety Answering Points'' or 
     ``PSAPs'' must upgrade their operations to receive and 
     process location information from wireless phones. 
     Unfortunately, many jurisdictions lack the resources to make 
     those upgrades, and other funding sources are often 
     insufficient. H.R. 2898 would establish a modest, but 
     critical source of additional funding for this life-saving 
     technology.
       APCO is the nation's oldest and largest public safety 
     communications organization. Most of APCO's over 16,000 
     members are involved in the management and operation of 
     communications systems for state and local government police, 
     fire, EMS and other public safety agencies. APCO hopes that 
     Congress will move quickly to adopt this important 
     legislation.
           Sincerely,
                                                    Vincent Stile,
                                                        President.

  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Illinois (Mr. Shimkus), the author of the bill.
  (Mr. SHIMKUS asked and was given permission to revise and extend his 
remarks.)
  Mr. SHIMKUS. Mr. Speaker, it is an honor and a privilege to be here 
today. I have some prepared remarks, but I think a lot of it has 
already been said. I have a plaque in my office that was given during 
my first term. It is a quote from Ronald Reagan that says: ``You can 
get a lot done when you don't care who gets the credit.'' I think that 
is part of the success of this piece of legislation.
  I want to also take the time to thank the gentlewoman from California 
(Ms. Eshoo) for her leadership and her friendship in this. A lot of 
times we move on legislation that we think is important. There are 
always people who see it early. She saw this need early. When we were 
talking about getting 911 to be the national number, she was already 
talking about, let's get location identification; let's worry about 
these other issues and push that. My personal thanks for shepherding 
this through.
  I was at the FCC last week with my crack staffer and our friends in 
the other body were there, at least one of them, and I could gloat a 
little bit that I had heard from leadership that this bill was going to 
be brought up next week. Of course, in the People's house here, we 
always have that battle with our friends in the other body. So I also 
want to thank the leadership for allowing us to bring this up 
expeditiously because it is a piece of legislation that was crafted in 
the way we wish all pieces of legislation were. We know it cannot be 
based upon our fights over ideology and the like, but the system does 
work when we can look towards common goals. Our passage through the 
subcommittee, led by Chairman Upton and then through the full committee 
led by Chairman Tauzin, and, of course, the ranking members, Markey and 
Dingell, made it a very easy case to say to the leadership, ``this bill 
should be on the floor.
  What does that mean? With our passage today, we now set a marker to 
our friends across the rotunda to say, let's move. Because this is just 
one part of the long dance that we have. We have to pass it here. They 
have to pass it. Hopefully, now we can get them to accept our language 
to move it more rapidly and then we can get something to the 
President's desk, because the sooner we get it into legislation, the 
sooner we get authorization language in the battle, then when the 
appropriations cycle begins, right now really. Even though we have not 
finished this year, we already should be looking at next year's 
appropriations cycle. We have got to get our placeholder there. We have 
got to get the marker in. As soon as this becomes true and just in the 
legislative language, we are going to have a lot of success.
  We have talked with all the emergency responders. Everybody wants to 
do the right thing. Everybody is at different levels of technology and 
coordination. Basically this piece of legislation brings them together. 
Then it provides some grants. Everybody gets keyed up about Federal 
funding, but this is really small potatoes as far as dollars based upon 
the millions of dollars that are being put in from, in essence, the 
coalition, the Public Service Answer Points, the PSAPs, to the cellular 
industry itself, to the local exchanges. There is a lot of money being 
put out there.
  I fortunately have a State that has been pretty good as far as 
putting their money into the programs. But that is not to say that they 
will always be that way. So when we also put this in the legislation 
saying this money has to go for that, otherwise you cannot apply for 
grants, we are going to address a major need that Chairman Tauzin 
mentioned.
  I have a list of 911 tragedies here. I am not going to read them, but 
they are from all over the country: Rochester, New York; Miami, 
Florida; Santa Fe, New Mexico; Fort Lauderdale, Florida; Littleton, 
Colorado; Day County, South Dakota; Atlanta, Georgia; Orlando, Florida; 
Lansing, Michigan; San Jose, California; Fort Wayne, Indiana; rural 
Michigan; and the State of New Jersey. No one is exempt from someone 
not being able to receive the care or the response because of not being 
identified. The 911 calls, 50 percent of them are cellular calls these 
days.
  We are doing good public policy. I am very proud to be a part of the 
coalition of legislators that have found success so far. I am going to 
encourage all of my colleagues to help us do that in the passage today. 
Then we will have to get back to work and work on our friends in the 
other Chamber.

                              {time}  1600

  I think we will have receptive ears, and then, hopefully, we can go 
talk to the President and get this thing put into law.
  Mr. Speaker, I thank the chairman for yielding me this time.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Just in closing, I want to again thank the lead authors. They have 
both been real players on our subcommittee all year long. I have 
appreciated their active participation on so many issues. We have 
worked on a bipartisan basis on virtually everything, and as we look at 
the end of this legislative calendar year, this is certainly a major 
success, and I can remember our first hearings when we began this 
journey to get this legislation done, virtually every single Member, 
Republican and Democrat, personally had made a E-911 call from their 
cell phone. We had all had different experiences as we thought about 
the calls we made in our district. All of us know our district like a 
blanket. We could tell exactly where we were. But when we are in 
somebody else's district, whether it be here in Washington, D.C. or I 
remember the gentleman from Nebraska (Mr. Terry), who is also very 
active on this, when he talked about going from Nebraska to Colorado, 
he had no clue where he was on that highway, wherever it was, and we 
all felt very frustrated as we saw these accidents literally appear 
before us. So this is legislation that perhaps some in the industry 
were not supportive of at the beginning. We pushed them along. They are 
now fully on board. We have sent a message to the States: They are 
collecting money from us in our bills to make sure that this 
legislation is coming through. Spend it the right way, and if they do 
not, then they do not participate in this program.
  I think, too, the session that we had at the FCC, where the gentleman 
from Illinois and other Members on both sides of the aisle were there, 
we embarrassed some of the States that are using the money for other 
purposes. Let us get this money spent for the reason it is being 
collected, for the right cause so that we will save the lives that all 
of us want to save. I urge my colleagues to support this legislation.
   Mr. GREEN of Texas. Mr. Speaker, I rise in strong support of H.R. 
2898. This legislation is desperately needed to ensure the rollout of 
E-911 across the country.
   I want to thank my colleagues Anna Eshoo and John Shimkus on the 
House Energy and Commerce Committee for their work on this issue and 
moving this to the floor as quickly as possible.
   Improving public safety is a constant struggle, as I have learned 
working on improving 911 services for the Houston area and the entire 
state of Texas as a state legislator.
   Enhanced 911, which will allow folks in trouble to be located by 
rescue crews and police just by dialing three simple numbers, is a 
necessary next step.

[[Page H10293]]

   It is critical because many times when a wireless caller calls 911, 
they either cannot talk or they do not know where they are.
   The technology exists to help people in danger--I saw successful 
demonstration at the FCC just last week. And this legislation addresses 
the technical issues for industry, local government, and regional 
concerns, so no further delay is justified.
   While lives are being saved in my area of Harris County where we are 
Phase Two complete for E-911, lives are still being needlessly lost in 
other areas where compliance is lagging.
   Unfortunately, many other jurisdictions, including many in large 
rural areas of Texas do not have the resources necessary to upgrade 
their 911 systems.
   We are not all safe when we travel on the roads until E-911 is up 
and running nationwide.
   Public safety should be a top priority. States moving E-911 funds to 
other purposes deceives wireless consumers who saw that E-911 funding 
on their cell phone bills.
   Coming from Texas, I know what it means to children and families hit 
by huge budget cuts, but E-911 is necessary--it is a proven life-saver. 
This legislation brings funding, accountability, and sensitivity to 
rural areas to the process and deserves strong support.
  Mr. DINGELL. Mr. Speaker, consumers who dial 911 from their wireless 
phones expect emergency responders to be able to locate them, just as 
if they had dialed 911 from a wireless phone. All too often today, 
however, emergency responders have no such ability.
  The House is poised to take an important step to address this 
problem. To this end, I am pleased to support H.R. 2898, the ``E-911 
Implementation Act of 2003,'' as amended. This bill will take three 
important steps to help ensure that first responders can rapidly locate 
persons dialing 911 from a wireless phone. First, it will set up a 
federal office to help coordinate E-911 build-out. Second, it will 
provide federal matching grants to assist cash-strapped states and 
local communities in deploying E-911 technologies. Third, it will 
provide strong incentives to ensure that states no longer raid their E-
911 funds for non-E-911 purposes.
  I commend Chairmen Tauzin and Upton for working closely with 
Representatives Eshoo and Shimkus, the authors of the underlying bill 
and co-chairpersons of the Congressional E-911 Caucus. I am pleased to 
support this important bill and look forward to working with the 
appropriators to ensure that this grant program is fully funded.
  Ms. SLAUGHTER. Mr. Speaker, I rise in strong support of H.R. 2898, 
the E-911 Implementation Act of 2003.
  As a member of the Congressional E-911 Caucus, I want to thank my 
colleagues Anna Eschoo and John Shimkus for their leadership and 
tireless advocacy on this critical public safety issue.
  I would also like to recognize the efforts of a leader on this issue 
that many of you may not know--New York State Assemblyman David Koon.
  Long before there was a Congressional E-911 Caucus, David was 
championing wireless enhanced 911. My constituents in Rochester have 
long appreciated David's tireless advocacy to get local government the 
resources they need to deploy E-911.
  Today, 911 calls made on cell phones account for nearly a third of 
all emergency calls. By 2004, cell phones are expected to be the main 
source of 911 emergency calls. Most Americans with cells phones will 
tell you that they bought them for emergencies. They fully expect that 
if they have a health emergency or are in an accident--they can dial 9-
1-1 and help will be on the way.
  Back in 1999, Congress tried to make sure that happened by passing 
the Wireless Communications and Public Safety Act. However, today, most 
wireless phones still do not provide emergency dispatchers with 
automated caller location or identification information.
  There's strong consumer demand for E-911, the technology needed to 
identify and locate wireless callers has long been available, and so 
Congress had to ask ``why the hold-up?''
  The chief barrier to universal E-911 deployment is money. Many 
localities will tell you they have had to put off implementing E-911 
because it is too costly.
  This was not supposed to happen.
  Under the 1999 Act, States were given the power to collect surcharges 
on all cell phones, blackberries and other wireless devices to fund E-
911 service. Unfortunately, the E-911 fund has become an easy target 
for looting by states that are struggling to cover shortfalls in law 
enforcement and emergency service budgets.
  In New York State alone, over $200 million has been collected in 
surcharges since 1991.
  This money is supposed to be earmarked for setting up a state-wide 
Wireless Enhanced 911 system, but instead the money has gone to the 
state police, who have spent the funds on departmental dry cleaning 
bills, ballpoint pens, travel, are leases, grounds maintenance for 
precincts and winter boots, according to the New York State 
comptroller's office.
  I strongly believe that the millions of New York residents who pay 
the ``E-911 surcharge'' on their monthly cell phone bills are owed E-
911 service when they need it. That's why I am an original cosponsor of 
H.R. 2898.
  Under this measure, $500 million in grants would be available to the 
states over five years to establish and upgrade E-911 facilities. I 
also am encouraged that H.R. 2898 would penalize states that redirect 
E-911 funds collected from consumer's cell phone bills. That's the only 
way to make them honest.
  Mr. Speaker, I strongly urge my colleagues to join me in passing this 
important legislation.
  Its essential that we act on this legislation. It will save lives. 
Bright, beautiful, hopeful lives of Americans are at stake.
  Ten years ago, Jennifer Koon, an 18-year old, was abducted from a 
mall parking lot in Rochester. She called 911. Her call could not be 
traced and Jennifer was killed.
  In 1993, the technology was not readily available. Today that is not 
the case. Mr. Speaker passage of H.R. 2898 is essential to providing 
parents, like Assemblyman David Koon, with the assurance that their 
children will get the help they need when they dial 911--regardless of 
whether they dial it on a cell phone or on their home phone.
  Mr. UPTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Hefley). The question is on the motion 
offered by the gentleman from Michigan (Mr. Upton) that the House 
suspend the rules and pass the bill, H.R. 2898, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________