[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.
____________________