[Congressional Record (Bound Edition), Volume 145 (1999), Part 2]
[House]
[Pages 2885-2894]
[From the U.S. Government Publishing Office, www.gpo.gov]




         WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999

  Mr. LINDER. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 76 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 76

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the State of the Union for consideration of 
     the bill (H.R. 438) to promote and enhance public safety 
     through use of 911 as the universal emergency assistance 
     number, and for other purposes. The first reading of the bill 
     shall be dispensed with. Points of order against 
     consideration of the bill for failure to comply with clause 
     4(a) of rule XIII are waived. General debate shall be 
     confined to the bill and shall not exceed one hour equally 
     divided and controlled by the chairman and ranking minority 
     member of the Committee on Commerce. After general debate the 
     bill shall be considered for amendment under the five-minute 
     rule. It shall be in order to consider as an original bill 
     for the purpose of amendment under the five-minute rule the 
     amendment in the nature of a substitute recommended by the 
     Committee on Commerce now printed in the bill. Each section 
     of the committee amendment in the nature of a substitute 
     shall be considered as read. During consideration of the bill 
     for amendment, the chairman of the Committee of the Whole may 
     accord priority in recognition on the basis of whether the 
     Member offering an amendment has caused it to be printed in 
     the portion of the Congressional Record designated for that 
     purpose in clause 8 of rule XVIII. Amendments so printed 
     shall be considered as read. The chairman of the Committee of 
     the Whole may: (1) postpone until a time during further 
     consideration in the Committee of the Whole a request for a 
     recorded vote on any amendment; and (2) reduce to five 
     minutes the minimum time for electronic voting on any 
     postponed question that follows another electronic vote 
     without intervening business, provided that the minimum time 
     for electronic voting on the first in any series of questions 
     shall be 15 minutes. At the conclusion of consideration of 
     the bill for amendment the Committee shall rise and report 
     the bill to the House with such amendments as may have been 
     adopted. Any Member may demand a separate vote in the House 
     on any amendment adopted in the Committee of the Whole to the 
     bill or to the committee amendment in the nature of a 
     substitute. The previous question shall be considered as 
     ordered on the bill and amendments thereto to final passage 
     without intervening motion except one motion to recommit with 
     or without instructions.

  The SPEAKER pro tempore (Mr. Gillmor). The gentleman from Georgia 
(Mr. Linder) is recognized for 1 hour.
  Mr. LINDER. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentleman from Ohio (Mr. Hall), pending 
which I yield myself such time as I may consume. During consideration 
of this resolution, all time yielded is for the purpose of debate only.
  Mr. Speaker, House Resolution 76 is an open rule providing for 
consideration of H.R. 438, the Wireless Communications and Public 
Safety Act of 1999. H. Res. 76 is a wide-open rule providing 1 hour of 
general debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on Commerce. The rule waives 
points of order against consideration of the bill for failure to comply 
with clause 4(a) of Rule 13 which by rule requires a 3-day layover for 
the committee report.
  H. Res. 76 further allows the chairman of the Committee of the Whole 
to accord priority and recognition to those Members who have preprinted 
their amendments in the Congressional Record prior to the 
consideration.
  The rule also allows the Chairman of the Committee of the Whole to 
postpone recorded votes and to reduce to 5 minutes the voting time on 
any proposed postponed question provided that the voting time on the 
first in any series of questions is not less than 15 minutes.
  Finally, the rule provides one motion to recommit, with or without 
instructions, as is the right of the minority.
  Mr. Speaker, H.R. 438 will promote public safety and consistency in 
the provision of emergency services through the universal use of 911 
and enable States to develop the necessary communications 
infrastructure to provide such emergency services. Millions of American 
already know that 911 is the number to dial when they are in trouble 
and need emergency assistance. However, for thousands of miles across 
the country this is simply not true. Other numbers are used or no 
emergency system exists at all. H.R. 438 helps to end the confusion and 
makes 911 the universal emergency number.

[[Page 2886]]

  This change is particularly important for wireless phones which often 
use other numbers, such as pound-77 or star-55, to link to local law 
enforcement. However, these codes can change from one cellular calling 
area to another, effectively eliminating the speed and safety that such 
a number can provide in emergency. H.R. 438 will make 911 the universal 
call for help that is already believed to be, so that public service is 
not jeopardized.
  H.R. 438 will also help to develop the full capability of wireless 
communications by enhancing the ability of local authorities to locate 
distressed individuals through information provided by wireless 
carriers. It also contains the necessary privacy protections to ensure 
that this capability is not misused. With the passage of H.R. 438, 
Americans will know, once and for all, how to get help when they need 
it.
  Mr. Speaker, H.R. 438 easily passed the Committee on Commerce by 
voice vote, as did this open rule from the Committee on Rules. I 
applaud the hard work put forth by the gentleman from Illinois (Mr. 
Shimkus) on this important legislation, and I urge my colleagues to 
support this open rule and the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to thank my colleague, the gentleman from Georgia 
(Mr. Linder), for yielding me the time.
  This is an open rule. It will allow full and fair debate on H.R. 438, 
which is the Wireless Communications and Public Safety Act of 1999. As 
my colleague has described, this rule will provide for 1 hour of 
general debate to be equally divided and controlled by the chairman and 
the ranking minority member of the Committee on Commerce. The rule 
permits amendments under the 5-minute rule, which is the normal 
amending process in the House. All Members on both sides of the aisle 
will have the opportunity to offer amendments.
  In most parts of the country a caller from a standard telephone can 
call 911 to ask for emergency assistance or to report a crime. That is 
not so from the cellular or other wireless telephones. The Wireless 
Communications and Public Safety Act of 1999 designates 911 as the 
universal emergency number for both wireless and wire line telephone 
calls. This will improve public safety by eliminating confusion over 
what number to call for emergency services. This is especially 
important to travelers who do not know the emergency number for the 
place they are visiting.
  The rule waives the prohibition against bringing up a bill under 3 
days after the committee report was filed in the House. The committee 
report for this bill was filed only yesterday afternoon, less than 24 
hours ago. The 3-day layover rule is an important protection for the 
minority, and by waiving this rule so early in the House session I hope 
that we are not setting a pattern that will be followed for 
controversial bills.
  I recognize the need to move legislation early in the session, to 
demonstrate that the House is serious about its business.
  Moreover, the bill is not controversial. It has broad support on both 
sides of the aisle. Therefore, I will support the open rule.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LINDER. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore (Mr. Gillmor). Pursuant to House Resolution 
76 and rule XVIII, the Chair declares the House in the Committee of the 
Whole House on the State of the Union for the consideration of the 
bill, H.R. 438.

                              {time}  1046


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 438) to promote and enhance public safety through use of 911 as 
the universal emergency assistance number, and for other purposes, with 
Mr. Kingston in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Louisiana (Mr. Tauzin) and the 
gentleman from Massachusetts (Mr. Markey) each will control 30 minutes.
  The Chair recognizes the gentleman from Louisiana (Mr. Tauzin).
  Mr. TAUZIN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, let me first compliment the gentleman from 
Massachusetts (Mr. Markey) for his excellent cooperation and work and 
the spirit by which we bring this bill to the floor today. I thank the 
gentleman from Virginia (Mr. Bliley), the chairman, and the other 
members of the Subcommittee on Telecommunications, Trade, and Consumer 
Protection for the excellent work that they have done on this bill and 
the other bill that we will bring to the floor today, both bills 
dealing with the wireless telephone industry and its consumers and 
aspects that are extremely important to both the public safety and to 
the privacy of those communications.
  I also want to thank my good friend the gentleman from Illinois (Mr. 
Shimkus) and my dear colleague, the gentlewoman from New Mexico (Mrs. 
Wilson) for sponsoring these bills and for leading the charge to indeed 
make them the law of the land.
  Mr. Chairman, 1997 was a landmark year in the history of this 
country. In 1997, more Americans bought cordless phones than wired 
phones, for the first time in the history of this technology. In fact, 
some 68 million Americans now carry wireless telephones or pagers. 
Studies show that most of those American subscribers of these wireless 
phones purchase them for safety reasons. People count on those phones 
to be their lifelines in emergencies.
  A parent driving down an interstate highway with babies in the back 
seat draws comfort from knowing if the car is involved in a crash he or 
she can call 911 for help; an ambulance will be rolling in seconds. An 
older American driving alone on a long trip feels safer knowing that if 
an accident occurs or symptoms strike, he or she can use a wireless 
phone to dial 911 for help and the State police will be on the way.
  There is a problem with that expectation, though. In many parts of 
our country, when a frantic parent or the suddenly disabled elder 
punches 911 on the wireless phone, nothing happens. In many regions, in 
fact, 911 is not the emergency number to call on a wireless phone. The 
ambulance and the police will not be coming. Someone may be facing a 
terrible life threatening emergency but they are on their own, because 
they do not know the local number to call for the emergency for help.
  This bill will help fix that problem by making 911 the universal 
number to call in an emergency any time, anywhere in this country. The 
rule in America ought to be a simple uniform system. If there is an 
emergency, wherever someone is, on a highway, a byway, a bike path or a 
duck blind in south Louisiana, wherever someone is, they call 911.
  911 does four things. First, it directs the Federal Communications 
Commission to use its existing exclusive authority to designate 911 as 
a universal emergency telephone number for wireless and wireline 
services. The bill also directs the FCC to provide support to the 
States to help them implement a comprehensive end-to-end emergency 
communications infrastructure.
  The FCC required in 1997 that wireless carriers provide what is 
called automatic number identification of a wireless user when the user 
calls that emergency number, but only when the emergency call center 
requests it. These emergency call centers are called PSAPS for Public 
Safety Answering Points.
  A recent study showed that only about 6 to 7 percent of wireless 
subscribers live in regions or operate in regions where PSAPS have 
undertaken

[[Page 2887]]

the necessary upgrading to their existing plant to accept the 
additional number data. Thus, despite a year's passage of this deadline 
intended to enhance public safety to save American lives, only a 
minuscule amount of subscribers are benefiting.
  The intent behind that requirement was that the PSAPS know the number 
of the wireless caller to call back, provide instructions, whether it 
be to a child, to an incapacitated adult or someone in a very dangerous 
situation who needs to be walked through to safety. That was step one.
  The second requirement was that by October of the year 2001, wireless 
carriers provide automatic location information with each wireless 
call, but only upon the PSAP's request. If the past is prologue, 
October 2001 could easily roll around and the PSAP will not have 
undertaken the necessary upgrades to accept this additional data 
either, and that is critical, for unlike users who call 911 over the 
phone or in an office or a house, that is over a wireless network, a 
user on a cell phone rather than the user on a wireline network, 
particularly a driver often has no clear idea of his location. If they 
do not know where they are when they place a 911 call, how can anyone 
else know where they are?
  Imagine the public safety benefits of placing a 911 call if someone 
can send out a radio signal that told rescuers exactly where they are. 
Imagine if we could take the search out of search and rescue. Imagine 
what a different fate those who were lost in the Swiss Alps would have 
seen had they been equipped with cell phone transmitting location 
information.
  The wireless carriers are busy preparing to meet this location 
information deadline, but all their preparations will come to naught if 
the PSAPS have not undertaken the necessary upgrades. So the bill 
addresses this weak link in the chain of public safety by requiring the 
FCC to work with the States to develop a statewide plan for developing 
end-to-end communications infrastructure for wireless services; to the 
PSAP, to intelligent traffic systems, automatic crash notifications 
technologies, triad algorithms and medical response, in short, a way to 
locate someone who calls for help in a 911 emergency.
  Third, the bill establishes parity between the wireless and the 
wireline communications industries in protection from liability for the 
provision of telephone services, including 911 service, and in the use 
of that 911 service. This parity would be extended on a State-by-State 
basis. Imagine a community that does not have 911 service available 
because they are scared of lawsuits involved in the use of that 911 
service insofar as a wireless telephone network is concerned.
  They are protected from that on the wireline side. They are not 
protected on the wireless side and so they do not implement a 911 
strategy. This bill provides that wireless providers of telephone 
service would receive at least as much protection from liability as 
local exchange companies, the local wireline carriers receive in 
providing telephone services in a given State, subject to a two-year 
period during which the States may choose to enact the wireless 
liability statute that differs from such parity.
  Therefore, other than the 911 service, States may opt out of this 
parity paradigm. The bill provides for users of wireless 911 service to 
receive the same protection from liability under Federal or State laws, 
as users of wireline 911 services receive. This good Samaritan 
principle would again apply on a State-by-State basis.
  Fourth and lastly, the bill protects wireless users' privacy by 
limiting the disclosure of location information to specific instances, 
and I want to particularly thank my friend, the gentleman from 
Massachusetts (Mr. Markey) for his contributions in this critically 
important area of privacy in the use of cellular phones and in the 911 
systems.
  While it will help rescuers to find victims in emergencies and cut 
down on that golden hour following a car crash, where we have learned 
in the hearings, for example, time is the issue, that golden hour is a 
critical hour; lives are either saved or lost on the highway. Location 
information is nevertheless sensitive personal information that must be 
treated with great care.
  We do not want police knowing everywhere someone is traveling on the 
highway for no good reason. There is a lot of privacy in where someone 
goes and what they are doing in their life that the government and 
police agencies do not necessarily need to know about. Protecting 
privacy and location when that is important is equally important in a 
911 structure.
  Under H.R. 438, a carrier can disclose location information only in 
an emergency and only to the public safety personnel or the immediate 
family. If a carrier seeks to use location information for marketing 
purposes, it must obtain the customer's prior express authorization. In 
short, the location of someone's travels is not going to be 
commercialized for purposes without their permission. It is simply 
going to be available to public safety information and to family when 
necessary.
  Location information may also be transmitted as part of an automatic 
crash notification system, such as the one called OnStar, where the 
crash triggers a cell phone mounted in the car to automatically dial 
911, without the driver or the passenger actually dialing the number.
  Last year, in fact a year and a half ago I think it is, we witnessed 
in America the first car crash, head-on collision, between a car 
equipped with the OnStar system and one that was not. There were 
parties seriously injured in both cars. The car dialed up the 
satellite. The car summoned help. Ambulances and emergency services 
arrived and both loads of people were treated and helped with emergency 
services because the automatic dialing system inside the car called for 
help, located those individuals and got emergency help to them.
  H.R. 438 permits providers of information or database managers who 
provide emergency support services to PSAPS to receive subscriber lists 
and unlisted data but only for the purposes of assisting in the 
delivery of emergency service. Thus, the bill enhances a user's public 
safety while also protecting their privacy interest. It encourages the 
development of cellular and other wireless services by providing parity 
and liability protection and it takes the FCC, it tasks the FCC, 
rather, with working with the States to develop the end-to-end 
infrastructure for delivering emergency services.
  H.R. 438 is an important public service bill. This is a great bill 
for this Congress to begin its work this year on, and I commend all of 
my colleagues who have contributed to it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MARKEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, let me begin by commending the gentleman from Louisiana 
(Mr. Tauzin), the chairman, for the exemplary way in which he has 
handled this very important path-breaking piece of legislation. He, 
along with the gentleman from Virginia (Mr. Bliley), have treated 
myself and the gentleman from Michigan (Mr. Dingell) very well in terms 
of ensuring that the minority have their views completely included in 
terms of the deliberations and ultimate product which has been 
produced.
  We also want to compliment the gentleman from Illinois (Mr. Shimkus) 
for the work and the leadership which he has given on this issue. He is 
the lead sponsor of the bill.

                              {time}  1100

  Just as the gentleman from Louisiana has been saying, this is a new 
era which we are in in which 68 million Americans now subscribe to some 
form of wireless technology. 68 million. This was something that was 
rare in America in 1990 and has almost reached the point of ubiquity in 
terms of either subscribing or thinking about subscribing to this 
technology.
  As a result, we have to update our laws to ensure that we are moving 
in a direction which deals with the implications of the introduction of 
such a pervasive technology.
  What this bill does today is to take something which was relatively 
experimental a decade ago and to transform

[[Page 2888]]

it into a national emergency system; something where it makes it 
possible for Americans in their automobiles, as they are walking, if 
they have an emergency health or safety condition which has developed, 
to dial up a 911 number and to be able to immediately access the 
resources which they would need in order to deal with the problem that 
has now confronted them or their family.
  This is a dramatic change in terms of how our country is going to 
deal with these issues. When we are in our home we try to teach young 
people how to dial if there is a fire or a police emergency. When we 
are younger, each one of us is taught that the firebox is at the end of 
the street and to only pull it when there is an emergency. But it has 
been put there for that purpose and do not allow anyone else ever to 
pull it, because it would not be right because it has been put there 
for that particular reason.
  Now, because of this new technology, people are able to travel 
anywhere, to any corner of our country, far away from those corner 
fireboxes, far away from the wire-fixed land phone system, and still be 
able to call in.
  What this legislation does is ensure that it is a national system, 
that there are standards that are established that will ensure that it 
will work for all Americans when they are on the road.
  There is a particular part of this legislation, and the gentleman 
from Louisiana referred to it, that I think will serve our country 
well, which is that even as it makes it possible to dial up in the 
event of an emergency on a wireless phone, it also creates the more 
sinister side of cyberspace which is the capacity to be able to use 
this as a national tracking system. No matter where we are in our car 
with our cell phone, that someone might be able to track us where we 
went.
  What the legislation makes quite clear, and I thank the gentleman for 
including this provision, an amendment which we had which we put into 
last year's bill and now is reincluded in this legislation, which 
guarantees that the information can be used only for emergency purposes 
and it cannot be reused for any other purpose unless there has been a 
preauthorization by the consumer giving authority to a company or to 
public authorities to be able to use it for other purposes. I think 
that is the correct balance, and I think the legislation with that 
balance is something which is going to serve our country very well.
  The gentleman from Louisiana has gone through all the details. There 
is no point in going through the litany of all of the excellent 
provisions which are built into the legislation. But, again, I cannot 
compliment the gentleman from Louisiana (Chairman Tauzin) and the 
gentleman from Virginia (Chairman Bliley) enough in terms of the way we 
have been treated. The gentleman from Michigan (Mr. Dingell) and the 
rest of the Democrats on the committee appreciate it. And, again, a tip 
of the hat to the gentleman from Illinois (Mr. Shimkus) for his good 
work.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TAUZIN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, in a brief moment I will recognize the author of the 
legislation, but I wanted to thank the gentleman from Massachusetts 
(Mr. Markey) for his kind words and to assure him that that standard of 
cooperation is one that the gentleman from Virginia (Mr. Bliley) and I 
hope to emulate in all aspects of our committee's work in this 
important area, that is so bipartisan, of extending communication 
services to the bulk of our citizenry in a fashion that is competitive 
and fair and also addresses public interest concerns and these 
important privacy concerns that the gentleman from Massachusetts has 
been so much a leader on. I want to compliment him on that.
  Mr. Chairman, I also see in the Chamber, and I know that she will be 
speaking in a minute, the gentlewoman from Missouri (Ms. Danner), my 
dear friend, who was kind enough to come to our committee and lead the 
charge and address the issue of 911 safety concerns, particularly the 
concerns of citizens that she brought to our attention who have 
suffered because of the fact that they did not have a common number in 
this country.
  I know that we will be hearing from the gentlewoman later, but I want 
to thank her on behalf of the committee for her contributions on this 
important issue.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Illinois (Mr. Shimkus), the author of the legislation.
  Mr. SHIMKUS. Mr. Chairman, I thank the gentleman from Louisiana and 
the gentleman from Virginia (Chairman Bliley) for their help and 
support. I also thank the gentleman from Michigan (Mr. Dingell), the 
ranking member; and the gentleman from Massachusetts (Mr. Markey) for 
their help and support in working on this legislation.
  Mr. Chairman, we have bought our second cellular phone for the simple 
purpose of my wife's protection when she is on the road. In the last 3 
years, I have personally called 911 on vehicle accidents, all in my 
20th District in Illinois, which is mostly rural, 19 counties and over 
300 miles long.
  One of those calls was for a vehicle that we could not find. It was 
off the road, and we actually had to get on foot to search it out. 
Another call was made, since I border the metropolitan St. Louis area, 
right on the famous Poplar Street Bridge. Not knowing exactly how the 
State of Missouri would answer and receive the 911 transmission, 
knowing that in this legislation that there are many States did not 
have it.
  So, I think most Americans now have experienced and I think they 
would be surprised to find out that 911 is not the national number.
  The purpose of H.R. 438 is to improve our Nation's wireless 911 
system so we can reduce response times to emergencies and basically 
save lives. Reducing emergency response time will help to lessen the 
impact of serious injuries and, again, save lives. Studies show that 
crashes and care time for fatal accidents is over 30 minutes in urban 
areas and over 50 minutes in rural areas. I know the gentlewoman from 
Missouri (Ms. Danner) is going to mention that fact. In rural areas, 
this is truly an important piece of legislation.
  Mr. Chairman, reducing this time by mere minutes could save thousands 
of lives each year. There are 68 million wireless phone users, as we 
have heard before, across the Nation who make an average of 98,000 
emergency calls every day. Even though every American is taught to dial 
911 in an emergency, these teachings may be worthless in some areas of 
the United States because dialing 911 on wireless phones does not 
always connect one to the emergency service provider.
  In fact, today there are currently 25 different wireless emergency 
numbers across the country. Travelers may never figure out the 
emergency number they need. H.R. 438 makes 911 the universal emergency 
number for all phones so that everyone has simple access to emergency 
help.
  In order to make 911 work on every phone, we must have reliable phone 
networks both in the wireless and in the wireline. This legislation 
encourages States to develop coordinated plans to eliminate dead zones, 
ensure seamless wireless networks, and upgrade their 911 systems so 
that public safety officials and emergency medical service providers 
can get the best available information as quickly as possible.
  The bill also extends to wireless providers and users of 911 services 
the same liability standard that each State has already established for 
its wireline providers and users of 911 services. We do not want to 
penalize and punish the good Samaritans in our society who are trying 
to help someone in need. This legislation addresses that issue.
  Finally, the bill provides protection for call location. And I thank 
the gentleman from Massachusetts (Mr. Markey) for improving the 
legislation, because there is a concern in the public about the ability 
of location devices.
  Mr. Chairman, I am a big fan of Star Trek and the communication 
badges and they know where everyone is at and all they have to do is 
identify them and they can get beamed across to another part of the 
ship. Well, our society

[[Page 2889]]

and our country is not prepared for the ``next generation.'' We still 
like part of the old generation where we have some privacy in thought, 
word, deed and location; and so I appreciate the gentleman's support in 
that aspect of this legislation.
  Finally, the bill provides that protection for call location 
information concerning users of wireless phones, including such 
information provided by an automatic crash notification system. Without 
express written consent from the customer, location information may not 
be released.
  Again, I would like to thank the gentleman from Virginia (Mr. 
Bliley), our full committee chairman; the gentleman from Louisiana (Mr. 
Tauzin), my subcommittee chairman; and the ranking members on both the 
full committee and the subcommittee. I urge all of my colleagues to 
support this legislation.
  Mr. MARKEY. Mr. Chairman, I yield 4 minutes to the gentlewoman from 
Missouri (Ms. Danner), who has given us great leadership on this issue.
  Ms. DANNER. Mr. Chairman, first of all, let me express my 
appreciation to the gentleman from Louisiana (Chairman Tauzin), the 
gentleman from Massachusetts (Mr. Markey), ranking member; and the 
gentleman from Illinois (Mr. Shimkus), the sponsor of the bill; for 
bringing this very important legislation to the floor.
  Over 100 years ago, Henry Wadsworth Longfellow said, and I quote, 
``All things come around to him who will but wait.'' And I have waited, 
sometimes impatiently, Mr. Chairman, for this legislation to come to 
the floor.
  Two years ago, I recognized the need for legislation to address the 
problem we are discussing today, the problem faced by cellular 
telephone users who require emergency assistance. In March of 1997, I 
introduced legislation to accomplish that purpose. Now, 2 years later, 
I am very pleased that my concept has come to the floor incorporated in 
this very important bill we are discussing today.
  As we all know, wireless technology has helped to simplify or maybe 
in some instances complicate our lives, but one important attribute of 
cellular telephones is that they greatly increase the ability of 
individuals to quickly report accidents or other emergencies and help 
speed the arrival of assistance.
  Let me share a true story that demonstrates the current limits of 
wireless telephone service, a tragedy that might have ended very 
differently had this legislation been in place in 1997.
  On Thanksgiving Day in 1997, a couple from Kansas was driving south 
on U.S. 71 in southwestern Missouri. They observed a minivan that was 
ahead of them being driven in an erratic fashion, weaving back and 
forth at high rates of speed, crossing first the shoulder then the 
center line.
  Using the cellular telephone they had at their disposal, they began 
dialing numbers. Unfortunately, having come from Kansas into our State 
of Missouri, they were not aware that our cellular emergency number is 
``star 55.'' I might mention that in Kansas they have two emergency 
numbers, a different one if one is on the toll road.
  This couple first tried to reach the Missouri Highway Patrol, but the 
number they dialed brought forth a message saying that it was a toll 
call, and they had to first give a credit card number if they wanted to 
reach the highway patrol. Next, they dialed 911. This connected them to 
an administrative number at the Joplin Police Department. 
Unfortunately, that phone call was not answered.
  Next, as they were approaching Neosho, they tried the Neosho Police 
Department; and their first call was unanswered. They dialed again. The 
second call was finally answered. However, by that time, unfortunately, 
tragically, it was too late. For as the police of Neosho were beginning 
to establish their roadblock, this minivan crossed the lane, hit an 
oncoming vehicle in which a 22-year-old mother was killed and her 2-
year-old son. And I might say that the little baby boy was in a car 
seat in the rear of the vehicle.
  This tragic accident might have been avoided if the caller had been 
able to reach the proper authority on the first attempt.
  Mr. Chairman, I am pleased that the bill that we are voting upon and 
hopefully will pass today includes, among many other important 
provisions, the designation of 911 as the universal cellular assistance 
number. Adoption of this bill will provide one of the many positive 
utilizations of cellular telephones: their use in emergency situations.
  Mr. Chairman, I urge my colleagues to vote in favor of this very 
important public safety legislation which can and will literally save 
lives.
  Mr. TAUZIN. Mr. Chairman, I yield 3 minutes to the gentleman from 
Florida (Mr. Stearns), my good colleague on the committee.
  Mr. STEARNS. Mr. Chairman, I also rise in strong support of H.R. 438, 
the Wireless Communications and Public Safety Act, which will begin 
creating a national, seamless emergency system.
  In today's world, a wireless telephone user cannot automatically, 
believe it or not, dial 911 in order to reach emergency personnel.

                              {time}  1115

  For instance, if you go into the State of Nevada, a citizen would 
have to dial NHP, that is right, NHP. In Arkansas, a resident would 
have to dial 55. And somebody in Virginia would have to call 77 or put 
the star sign 77 or the pound sign 77 to get the 911.
  So, for many of us, we felt that was not right. So this legislation 
would require the FCC to designate 911 as the universal emergency 
telephone number for both wireless and wireline calls.
  The bill also would require the FCC to provide support to the States 
in their development of their Statewide plans.
  As the Chairman knows, the House passed similar legislation 
overwhelmingly in the last Congress with my support and others. But the 
previous bill contained a glaring provision that should not have been 
included in the bill. The previous legislation unnecessarily co-opted 
local decision-making authority regarding access to Federal sites in 
deploying necessary equipment for the transmission of wireless 
networks.
  The previous bill wanted to establish an ability to fund the creation 
of a seamless 911 system, but frankly, in my opinion, it was done at 
the detriment of local officials playing a role at deciding the 
location of wireless towers.
  This mistake has been corrected in this version, which makes the bill 
more palatable, especially for our colleagues in the Senate. Obviously, 
it will likely pass the other body, I think, with ease. It is necessary 
this morning and imperative to allow our local cities and counties to 
play a primary role in tower siting issues that affect, of course, 
their local communities.
  Another important change in the bill is the provision to grant 
liability protection to wireless providers. The liability protection 
will establish a legal parity between wireline providers and wireless 
companies that have to carry emergency calls on their systems and help 
provide emergency services. Wireless providers should and will have 
equal protection under the law as wireline providers do.
  Finally, Mr. Chairman, H.R. 438 would also grant privacy protection 
to wireless consumers by prohibiting carriers from releasing a user's 
location information. Location information will only be given to 
emergency personnel responding to an emergency call and will be given 
to family members to notify them of the emergency situation. Location 
information can also be distributed with the wireless consumers 
consent.
  Mr. Chairman, I appreciate all the work that the gentleman from 
Louisiana (Chairman Tauzin) has done, the gentleman from Illinois (Mr. 
Shimkus) has done, and also the gentleman from Virginia (Chairman 
Bliley), and keep up the good work.
  Mr. TAUZIN. Mr. Chairman, I yield myself as much time as I may 
consume.
  Mr. Chairman, I simply want to take the time to thank our staff; to, 
first of all, thank the minority staff, Andy Levin and Colin Crowell, 
who have been so helpful and instrumental in helping us get this bill 
done; to thank

[[Page 2890]]

the majority staff, Tricia Paoletta, Mike O'Rielly, Hugh Halpern and 
Cliff Riccio, as well as my own staffer, Monica Azare, who all 
contributed so much to moving this bill forward and I think perfecting 
it.
  I want to say, as we move this bill forward, that we should always, I 
think, take time to say special thanks to both hardworking staffers on 
both our personal staff and the committee staff because they toil very 
often late at night and sometimes with not enough recognition for how 
much of a contribution they make to this body as a whole. Our thanks go 
out to all of them collectively.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MARKEY. Mr. Chairman, I yield 3 minutes to the gentleman from 
Texas (Mr. Green).
  Mr. GREEN of Texas. Mr. Chairman, I thank my colleague, the gentleman 
from Massachusetts, for allowing me to address the House and support 
the bill.
  The number of wireless subscribers in our country totals about 68 
million, and that number continues to grow. Although being in my fourth 
term in Congress, the first time I became aware of 911 was as a State 
Representative in Houston in the early 1980s, and we created a 911 
system in Harris County, Texas, due to the cooperation from Harris 
County and the city of Houston. Then Texas went on to create the 911 
system around the State.
  So it is great to see what we have learned in our individual States, 
whether it be in Missouri with the gentlewoman from Missouri (Ms. 
Danner) or any other State and now this idea has come to Washington, 
which is the way it should be.
  We have experimented with it on the local level and learned what 
works and what does not. Now we can create an emergency wireless 
network for our whole country.
  H.R. 438 is the first step in increasing safety in our Nation. First 
by designating 911 as the emergency number for not only wireless calls 
but also wireline calls.
  It has been said before during this debate that many States have 
different emergency wireless numbers. In fact, I had the opportunity a 
few weeks ago to drive from Houston to Washington, and going through 
Mississippi, Alabama, Virginia, Tennessee, to see the different numbers 
that each State has made this bill even more important.
  H.R. 438 builds on the existing number of wireless networks and 
subscribers to form an expansive emergency end-to-end wireless safety 
network in the United States.
  Again, I think it is so important that we are doing this today, and I 
am a little disappointed that we did not have the funding mechanisms to 
upgrade the State PSAPs and for the research and development for the 
automatic crash notification system.
  However, I also understand that the concerns about local control for 
the siting of the towers, and for local zoning concerns. But, again, 
coming from Houston where we are the largest city in the world, I 
guess, without zoning, so it is not a big concern.
  I also hope that the FCC will continue their public safety efforts, 
because I think our chairman of our subcommittee noted a lot of this 
could have been done by the regulatory agency, and hopefully they will 
do that.
  I also hope that the Federal Communications Commission will continue 
with their public safety agenda. I have heard that only 6-7% of the 
country is in compliance with the Phase 1 wireless location 
requirement. I hope that the FCC will take the appropriate steps to 
ensure that Phase I location identification technology is in place in a 
timely fashion all around the country.
  H.R. 438 will save lives. In order to save lives we have to make sure 
that emergency services can quickly get out to the site of an accident. 
That is the basic premise of this legislation to help save lives.
  H.R. 438 is a great start in increasing safety in our country. It 
will start the deployment of an E-911 system for our country. However, 
in order to ensure the full deployment of an end to end wireless 
communications emergency network, we all must work together on all 
levels of government and between all agencies in our government.
  I stand in support of H.R. 438 and encourage my colleagues to do the 
same.
  Mr. MARKEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, again, this is a very important piece of legislation. 
The FCC has the responsibility for ensuring that these location 
technologies are built into wireless technologies over the next 2 or 3 
or 4 years. We want to encourage the FCC to make progress on that 
issue, meeting the deadlines which have been established. At that 
point, we will have an ability to get help for everyone in the country 
who has a wireless phone and at the same time protect their privacy. 
That is a good balance. This is a good bill.
  I want to congratulate the gentleman from Louisiana (Mr. Tauzin), the 
gentleman from Virginia (Mr. Bliley) once again, and all the staff who 
have worked on it, the litany of saints that the gentleman from 
Louisiana (Mr. Tauzin) mentioned and everyone else that helped.
  Mr. Chairman, I yield back the balance of my time.
  Mr. TAUZIN. Mr. Chairman, I yield myself as much time as I may 
consume.
  Mr. Chairman, let me again thank my friend, the gentleman from 
Massachusetts (Mr. Markey). I am not sure if the House is aware of it, 
but the gentleman from Massachusetts and I also, in the context of this 
bill, engaged the Park Service in an interesting experiment to see how 
fast the Park Service could authorize the installation of cellular 
towers in Rock Creek Park, which is now an area of our country which is 
considered a hole in the cellular system where people enjoying that 
park cannot call 911 or any other number because cellular phones will 
not work in it.
  Almost a year ago, I guess, we had hearings, and the Park Service 
promised us that within 90 days they would process an application. Rock 
Creek Park is still waiting for the approval of an application. Our 
latest hearings on this bill, they promised us again, in 75 days, they 
would complete the application leading to the installation of cellular 
service for Rock Creek Parkway and all the residents in the area as 
well as those who enjoy Rock Creek Park.
  It is a good example of problems we have across America, getting out 
there and then having a safety net system like 911 available to help 
them.
  I want to thank my friend again for all of his excellent work on this 
bill, for our cooperative efforts in issues like this. I regret the 
bill does not move the process of cellular location towers forward. But 
as the gentleman from Florida (Mr. Stearns) pointed out, it was a 
necessary task to leave that language out of the bill in order to 
ensure passage of this good legislation.
  But let me say, as we conclude debate on this bill, that I hope the 
communities of America who have passed moratoriums against additional 
tower siting will rethink those moratoriums and will instead come up 
with zoning plans that effectively, under their own discretion, get 
towers located so that people not only can have cellular service 
without losing signals as they move from one area to another but that 
they can also have this incredibly important safety system, the E-911 
system, available for them and their family when they are in desperate 
need of emergency help.
  Mr. Chairman, as I said, this is a great way for us to start this 
session. I think we have demonstrated the way we can work cooperatively 
in a bipartisan fashion to do something good for our country.
  This is a good start because we have focused on something that is 
critically important to every American, every American who is out there 
driving our highways, riding the bike paths or running on those bike 
paths or enjoying the great outdoors in our parks and wonderful areas 
such as we have along I-10 in south Louisiana that my friend, the 
gentleman from Texas (Mr. Green), drove on his way up here; that they 
will know, when something goes wrong, there is a number they can call, 
and they can get help. Mr. Chairman, this is good legislation.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank you for giving me the 
opportunity to speak on behalf of this bill, which further standardizes 
our emergency infrastructure around the country.

[[Page 2891]]

  One of the great benefits of wireless technology, and specifically, 
cellular phones, is the improvement of safety on the roadways. Whereas 
in past years, people who had car trouble or had become involved in a 
traffic accident had to rely on passers-by to notify the proper 
authorities, now, cellular phone users can dial for help from nearly 
everywhere in the United States.
  In fact, many purchasers of cellular phones do so with the sole 
intention of using it as a safety device--much like a fire 
extinguisher. Many cellular service providers have elaborated on that 
concept by offering cellular calling plans that cost less than 
``landlines,'' based on the fact that they will only be used on great 
occasion. Still others have marketed their products in a way that 
promotes the use of cellular phones as measure of security.
  This bill enhances the safety value of wireless phones by 
standardizing the phone number ``911'' for exclusive use by emergency 
agencies. Although this is currently standardized on land-based phone 
systems, this is not the case with cellular systems. This will remedy 
that problem so that there is no confusion for consumers who are in 
need of assistance. And in a time of emergency--one second of confusion 
could mean the difference between life and death.
  However, before I fully endorse this bill, I would like to raise an 
area of concern, for my district and for the city of Houston. Houston 
recently adopted a new phone number designation for nonemergency phone 
calls--``311''. That number was designated in order to offload 
nonemergency phone calls from 911, thereby freeing up our scarce 
emergency resources.
  One important aspect of 311 is educating the public that it should be 
used in place of 911 in nonemergency situations. And while I believe 
that this bill and the 311 program will both prove themselves to be 
valuable and effective programs, I hope that this bill will not 
adversely affect the implementation of 311.
  Having said that, I would hope that the Conference Committee will 
take a close look at the issue of 311, and if any problems are 
foreseen, that they would place clarifying language in the Conference 
Committee Report so that there will be some guidance for local and 
State legislators as well as the courts on this matter.
  I look forward to seeing H.R. 438 enacted into law, and encourage my 
colleagues to support it, along with other efforts at enhancing the 
safety of this country for our citizens.
  Mr. BLILEY. Mr. Chairman, at the outset, let me thank the sponsor of 
H.R. 438, the gentleman from Illinois, Mr. Shimkus, for his hard work 
on this issue. Let me also thank the subcommittee chair, Mr. Tauzin, 
for his leadership on this important issue over the last Congress and 
this Congress as well.
  As I said in December when I outlined the priorities for the Commerce 
Committee this Congress, we intent to move telecommunications 
legislation that promotes consumers access to emergency personnel in 
times of need and promotes wireless communications privacy. Today, we 
take the first step by bringing to the floor H.R. 438, a bill to 
solidify the use of 911 as the emergency telephone number for consumers 
to dial in emergency situations and other purposes. Tomorrow, the House 
will consider H.R. 514, a bill to strengthen the privacy protections 
afforded wireless communications consumers. These two bills complement 
each other by improving and facilitating consumer utilization of 
wireless communications. They also have important public interest 
benefits--improving personal safety and privacy protections. I am 
hopeful that the other body will consider the hard work of the House 
when it receives these two bills and will quickly take similar action. 
While we couldn't quite enact these bills into law last Congress, these 
bills deserve the attention of the other body of this Congress.
  As many Members of the House already know, the growth rate in 
wireless telephone subscribers has been phenomenal. The Cellular 
Telecommunications Industry Association indicates that there are over 
68 million wireless subscribers in the United States today and the 
demand for wireless services continues to grow. One reason for this 
significant growth is that more and more subscribers are purchasing 
wireless telephones for safety.
  Whether traveling with our children or grandchildren, or driving on 
unfamiliar roads, an increasing number of Americans are comforted by 
knowing that in the case of an emergency they could make a telephone 
call to reach a close relative or police. Far too often, however, that 
critical call cannot go through. In order for a successful emergency 
call to be made, wireless communications users need to know what number 
to dial to reach emergency personnel. And the problem doesn't lie just 
with wireless communications. In some parts of our Nation, the 
seemingly ubiquitous telephone number 911 is not the number used by the 
local community for emergencies. This situation causes consumer 
confusion that can delay or prevent emergency personnel from reaching 
people in need. There are approximately 15 emergency numbers used 
around the country for wireless calls. These range from 911, to *55, 
#77, the acronym of the State highway police, to the local sheriff or 
police department. Take a moment to image trying to get emergency help 
on an interstate highway when you are not certain of your precise 
location, and then stumbling through the telephone number possibilities 
while a loved one suffers. Representative Danner testified at a hearing 
before the Subcommittee on Telecommunications, Trade, and Consumer 
Protection last year that to drive through the six States from her 
district in Missouri to Washington, DC, a driver would have to know 5 
different emergency wireless numbers.
  H.R. 438 will resolve this problem once and for all. The bill 
designates 911 as the universal emergency telephone number. When a 
consumer picks up a telephone or pulls out a pocket phone they can be 
confident that dialing 911 will reach proper emergency personnel. This 
simple concept will have a significant impact on overall public safety 
and consumer welfare.
  H.R. 438 will require the Federal Communications Commission to 
provide technical support to the States and encourage the development 
of statewide plans to develop end-to-end emergency communications 
network, by working both with the States and interested parties in the 
private sector.
  H.R. 438 provides liability parity between wireline and wireless 
carriers. After examining the issue closely, the Committee felt 
strongly that wireless carriers should be afforded every legal 
protection provided a wireline carrier in a given State in order to 
provide the emergency communications in need. The bill allows States to 
``opt-out'' of the liability parity scheme if it develops its own 
protections within a two year period. This will provide adequate time 
for States to take action if they so choose but will also provide a 
Federal standard to promote common legal treatment of wireless 
carriers.
  The Committee has been told by a small minority that liability 
protections for wireless carriers are inappropriate and the other body 
will eliminate them during the process. I hope that this is not the 
case. Anything that promotes public safety should not be dropped merely 
because it is opposed by the powerful lobby groups. Wireless carriers 
have carefully made the case as to why liability parity is justified in 
this limited instance and how public safety will be enhanced if it is 
enacted. This provision should remain in any companion bill.
  H.R. 438 will also provide privacy protections for consumers in the 
use of subscriber call location information. Call location information 
is a technology that will help locate consumers dialing from a wireless 
telephone. In many instances today, wireless users dial the appropriate 
telephone number but are unable to describe exactly where they are. 
Technology that is available today and newer technologies in the 
experimental stages are being deployed to help public service answering 
points (PSAP's) locate the exact position of a wireless call without 
requiring consumer input. This technology already exists in a wireline 
world. Its use in a wireless world will help speed the deployment of 
personnel in emergency situations.
  As call location information technologies are deployed, it is equally 
important that we ensure that this information is treated 
confidentially. It is not appropriate to let government or commercial 
parties collect such information or keep tabs on the exact location of 
individual subscribers. H.R. 438 will ensure that such call location 
information is not disclosed without the authorization of the user, 
except in emergency situations, and only to specific personnel.
  Lastly, the bill will clarify the privacy protections of current law 
to ensure that emergency support services, such as those provided by 
information or database management service providers, can receive 
subscriber list information from telecommunications carriers in a 
timely, unbundled and reasonable manner. it is important that emergency 
support service providers have accurate and timely information to 
ensure that the service they offer the PSAP is the best that can be 
done. Emergency support service providers should not have to pay for 
information they don't need and should not be forced to pay exorbitant 
rates or wait for such information. The bill provides a balanced 
requirement to alleviate concerns about obtaining such information from 
telecommunications companies by emergency support service providers.
  Before closing, I want to thank my good friend, the chairman of the 
Committee on the

[[Page 2892]]

Judiciary, Mr. Hyde, for his assistance in moving this legislation 
forward. With his understanding, we were able to resolve a last-minute 
jurisdictional issue between his committee and the Committee on 
Commerce. Without objection, at this point in the Record, I want to 
insert an exchange of letters between the committees on this 
legislation.
  I urge all of my colleagues to support H.R. 438.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                Washington, DC, February 23, 1999.
     Hon. Tom Bliley,
     Chairman, Committee on Commerce, House of Representatives, 
         Washington, DC.
       Dear Mr. Chairman: I am writing you regarding H.R. 438, the 
     ``Wireless Communications and Public Safety Act of 1999,'' 
     legislation that has been ordered reported by the Committee 
     on Commerce. As ordered reported, H.R. 438 contains language 
     within the Rule X jurisdiction of the Committee on the 
     Judiciary.
       Section 4 of H.R. 438 governs the legal liability under 
     Federal and state law of wireless carriers and wireless 911 
     service users. As you know, matters relating to immunity and 
     limitations on liability fall within the jurisdiction of this 
     committee.
       I am, however, willing to forgo a sequential referral of 
     this bill with the understanding that the Commerce Committee 
     accedes to this committee's jurisdictional claim on this 
     matter. We will, of course, insist that the Speaker name 
     conferees from this committee on section 4 of this bill and 
     any similar Senate provision.
           Sincerely,
                                                    Henry J. Hyde,
     Chairman.
                                  ____

                                         House of Representatives,


                                        Committee on Commerce,

                                Washington, DC, February 23, 1999.
     Hon. Henry Hyde,
     Chairman, Committee on the Judiciary, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Henry: Thank you for your letter regarding your 
     Committee's jurisdictional interest in H.R. 438, the Wireless 
     Communications and Public Safety Act of 1999.
       I acknowledge your committee's jurisdiction over section 4 
     of this legislation and appreciate your cooperation in moving 
     the bill to the House floor expeditiously. I agree that your 
     decision to forgo further action on the bill will not 
     prejudice the Judiciary Committee with respect to its 
     jurisdictional prerogatives on this or similar provisions, 
     and will support your request for conferees on those 
     provisions within the Committee on the Judiciary's 
     jurisdiction should they be the subject of a House-Senate 
     conference. I will also include a copy of your letter and 
     this response in the Congressional Record when the 
     legislation is considered by the House.
       Thank you again for your cooperation.
           Sincerely,
                                                       Tom Bliley,
     Chairman.
                                  ____

  Mr. TAUZIN. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Linder). All time for general debate 
has expired.
  The amendment in the nature of a substitute printed in the bill shall 
be considered by sections as an original bill for the purpose of 
amendment and, pursuant to the rule, each section is considered read.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he has 
printed in the designated place in the Congressional Record. Those 
amendments will be considered read.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum of 5 
minutes the time for voting on any postponed question that immediately 
follows another vote, provided that the time for voting on the first 
question shall be a minimum of 15 minutes.
  The Clerk will designate section 1.
  The text of section 1 is as follows:

       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 ``Wireless Communications and 
     Public Safety Act of 1999''.

  The CHAIRMAN pro tempore. Are there any amendments to section 1?
  The Clerk will designate section 2.
  The text of section 2 is as follows:

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) the establishment and maintenance of an end-to-end 
     emergency communications infrastructure among members of the 
     public, local public safety, fire service, and law 
     enforcement officials, emergency dispatch providers, and 
     hospital emergency and trauma care facilities will reduce 
     response times for the delivery of emergency care, assist in 
     delivering appropriate care, and thereby prevent fatalities, 
     substantially reduce the severity and extent of injuries, 
     reduce time lost from work, and save thousands of lives and 
     billions of dollars in health care costs;
       (2) the rapid, efficient deployment of emergency 
     telecommunications service requires statewide coordination of 
     the efforts of local public safety, fire service, and law 
     enforcement officials, and emergency dispatch providers, and 
     the designation of 911 as the number to call in emergencies 
     throughout the Nation;
       (3) improved public safety remains an important public 
     health objective of Federal, State, and local governments and 
     substantially facilitates interstate and foreign commerce;
       (4) the benefits of wireless communications in emergencies 
     will be enhanced by the development of state-wide plans to 
     coordinate the efforts of local public safety, fire service, 
     and law enforcement officials, emergency dispatch providers, 
     emergency medical service providers on end-to-end emergency 
     communications infrastructures; and
       (5) the construction and operation of seamless, ubiquitous, 
     and reliable wireless telecommunications systems promote 
     public safety and provide immediate and critical 
     communications links among members of the public, emergency 
     medical service providers and emergency dispatch providers, 
     public safety, fire service and law enforcement officials, 
     and hospital emergency and trauma care facilities.
       (b) Purpose.--The purpose of this Act is to encourage and 
     facilitate the prompt deployment throughout the United States 
     of a seamless, ubiquitous, and reliable end-to-end 
     infrastructure for communications, including wireless 
     communications, to meet the Nation's public safety and other 
     communications needs.

  The CHAIRMAN pro tempore. Are there amendments to section 2?
  The Clerk will designate section 3.
  The text of section 3 is as follows:

     SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER.

       (a) Establishment of Universal Service Emergency Telephone 
     Number.--Section 251(e) of the Communications Act of 1934 (47 
     U.S.C. 251(e)) is amended by adding at the end the following 
     new paragraph:
       ``(3) Universal emergency telephone number.--The Commission 
     and any agency or entity to which the Commission has 
     delegated authority under this subsection shall designate 911 
     as the universal emergency telephone number within the United 
     States for reporting an emergency to appropriate authorities 
     and requesting assistance. Such designation shall apply to 
     both wireline and wireless telephone service. In making such 
     designation, the Commission (and any such agency or entity) 
     shall provide appropriate transition periods for areas in 
     which 911 is not in use as an emergency telephone number on 
     the date of enactment of the Wireless Communications and 
     Public Safety Act of 1999.''.
       (b) Technical Support.--The Federal Communications 
     Commission shall provide technical support to States to 
     support and encourage the development of statewide plans for 
     the deployment and functioning of a comprehensive end-to-end 
     emergency communications infrastructure, including enhanced 
     wireless 911 service, on a coordinated statewide basis. In 
     supporting and encouraging such deployment and functioning, 
     the Commission shall consult and cooperate with State and 
     local officials responsible for emergency services and public 
     safety, the telecommunications industry (specifically 
     including the cellular and other wireless telecommunications 
     service providers), the motor vehicle manufacturing industry, 
     emergency medical service providers and emergency dispatch 
     providers, special 911 districts, public safety, fire service 
     and law enforcement officials, consumer groups, and hospital 
     emergency and trauma care personnel (including emergency 
     physicians, trauma surgeons, and nurses).

  The CHAIRMAN pro tempore. Are there any amendments to section 3?
  The Clerk will designate section 4.
  The text of section 4 is as follows:

     SEC. 4. PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS 
                   SERVICE.

       (a) Provider Parity.--A wireless carrier, and its officers, 
     directors, employees, vendors, and agents, shall have 
     immunity or other protection from liability of a scope and 
     extent that is not less than the scope and extent of immunity 
     or other protection from liability in a particular 
     jurisdiction that a local exchange company, and its officers, 
     directors, employees, vendors, or agents, have under Federal 
     and State law applicable in such jurisdiction with respect to 
     wireline services, including in connection with an act or 
     omission involving--
       (1) development, design, installation, operation, 
     maintenance, performance, or provision of wireless service;
       (2) transmission errors, failures, network outages, or 
     other technical difficulties that may arise in the course of 
     transmitting or handling emergency calls or providing 
     emergency services (including wireless 911 service); and
       (3) release to a PSAP, emergency medical service provider 
     or emergency dispatch provider, public safety, fire service 
     or law enforcement official, or hospital emergency or trauma 
     care facility of subscriber information related to emergency 
     calls or emergency services involving use of wireless 
     services.
       (b) User Parity.--A person using wireless 911 service shall 
     have immunity or other protection

[[Page 2893]]

     from liability in a particular jurisdiction of a scope and 
     extent that is not less than the scope and extent of immunity 
     or other protection from liability under Federal or State law 
     applicable in such jurisdiction in similar circumstances of a 
     person using 911 service that is not wireless.
       (c) Exception for State Legislative Action.--The immunity 
     or other protection from liability required by subsection 
     (a)(1) shall not apply in any State that, prior to the 
     expiration of 2 years after the date of enactment of this 
     Act, enacts a statute that specifically refers to this 
     section and establishes a different standard of immunity or 
     other protection from liability with respect to an act or 
     omission involving development, design, installation, 
     operation, maintenance, performance, or provision of wireless 
     service (other than wireless 911 service). The enactment of 
     such a State statute shall not affect the immunity or other 
     protection from liability required by such subsection (a)(1) 
     with respect to acts or omissions occurring before the date 
     of enactment of such State statute.

  The CHAIRMAN pro tempore. Are there any amendments to section 4?
  The Clerk will designate section 5.
  The text of section 5 is as follows:

     SEC. 5. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.

       Section 222 of the Communications Act of 1934 (47 U.S.C. 
     222) is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (2);
       (B) by striking the period at the end of paragraph (3) and 
     inserting a semicolon;
       (C) by adding at the end the following new paragraphs:
       ``(4) to provide call location information concerning the 
     user of a commercial mobile service (as such term is defined 
     in section 332(d))--
       ``(A) to a public safety answering point, emergency medical 
     service provider or emergency dispatch provider, public 
     safety, fire service, or law enforcement official, or 
     hospital emergency or trauma care facility, in order to 
     respond to the user's call for emergency services;
       ``(B) to inform the user's legal guardian or members of the 
     user's immediate family of the user's location in an 
     emergency situation that involves the risk of death or 
     serious physical harm; or
       ``(C) to providers of information or database management 
     services solely for purposes of assisting in the delivery of 
     emergency services in response to an emergency; or
       ``(5) to transmit automatic crash notification information 
     as part of the operation of an automatic crash notification 
     system.'';
       (2) by redesignating subsection (f) as subsection (h) and 
     by inserting before such subsection the following new 
     subsections:
       ``(f) Authority To Use Wireless Location Information.--For 
     purposes of subsection (c)(1), without the express prior 
     authorization of the customer, a customer shall not be 
     considered to have approved the use or disclosure of or 
     access to--
       ``(1) call location information concerning the user of a 
     commercial mobile service (as such term is defined in section 
     332(d)), other than in accordance with subsection (d)(4); or
       ``(2) automatic crash notification information to any 
     person other than for use in the operation of an automatic 
     crash notification system.
       ``(g) Subscriber Listed and Unlisted Information for 
     Emergency Services.--Notwithstanding subsections (b), (c), 
     and (d), a telecommunications carrier that provides telephone 
     exchange service shall provide information described in 
     subsection (h)(3)(A) (including information pertaining to 
     subscribers whose information is unlisted or unpublished) 
     that is in its possession or control (including information 
     pertaining to subscribers of other carriers) on a timely and 
     unbundled basis, under nondiscriminatory and reasonable 
     rates, terms, and conditions to providers of emergency 
     services, and providers of emergency support services, solely 
     for purposes of delivering or assisting in the delivery of 
     emergency services.'';
       (3) in subsection (h)(1)(A) (as redesignated by paragraph 
     (2)), by inserting ``location,'' after ``destination,''; and
       (4) in such subsection (h), by adding at the end the 
     following new paragraphs:
       ``(4) Public safety answering point.--The term `public 
     safety answering point' means a facility that has been 
     designated to receive emergency calls and route them to 
     emergency service personnel.
       ``(5) Emergency services.--The term `emergency services' 
     means 911 emergency services and emergency notification 
     services.
       ``(6) Emergency notification services.--The term `emergency 
     notification services' means services that notify the public 
     of an emergency.
       ``(7) Emergency support services.--The term `emergency 
     support services' means information or data base management 
     services used in support of emergency services.''.

  The CHAIRMAN pro tempore. Are there any amendments to section 5?
  The Clerk will designate section 6.
  The text of section 6 is as follows:

     SEC. 6. DEFINITIONS.

       As used in this Act:
       (1) The term ``State'' means any of the several States, the 
     District of Columbia, or any territory or possession of the 
     United States.
       (2) The term ``public safety answering point'' or ``PSAP'' 
     means a facility that has been designated to receive 
     emergency calls and route them to emergency service 
     personnel.
       (3) The term ``wireless carrier'' means a provider of 
     commercial mobile services or any other radio communications 
     service that the Federal Communications Commission requires 
     to provide wireless emergency service.
       (4) The term ``enhanced wireless 911 service'' means any 
     enhanced 911 service so designated by the Federal 
     Communications Commission in the proceeding entitled 
     ``Revision of the Commission's Rules to Ensure Compatibility 
     with Enhanced 911 Emergency Calling Systems'' (CC Docket No. 
     94-102; RM-8143), or any successor proceeding.
       (5) The term ``wireless 911 service'' means any 911 service 
     provided by a wireless carrier, including enhanced wireless 
     911 service.

  The CHAIRMAN pro tempore. Are there any amendments to section 6?
  Are there any amendments to the bill?
  If not, the question is on the committee amendment in the nature of a 
substitute.
  The committee amendment in the nature of a substitute was agreed to.
  The CHAIRMAN pro tempore. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Horn) having assumed the chair, Mr. Linder, Chairman pro tempore of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 438) to 
promote and enhance public safety through use of 911 as the universal 
emergency assistance number, and for other purposes, pursuant to House 
Resolution 76, he reported the bill back to the House with an amendment 
adopted by the Committee of the Whole.
  The CHAIRMAN pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the committee amendment in the nature of a 
substitute.
  The committee amendment in the nature of a substitute was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken, and the Speaker pro tempore announced the 
ayes appeared to have it.
  Mr. TAUZIN. Mr. Speaker, on that, I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 415, 
nays 2, not voting 16, as follows:

                             [Roll No. 24]

                               YEAS--415

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capuano
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crowley
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Gejdenson
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hilliard
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley
     Horn
     Hostettler
     Houghton

[[Page 2894]]


     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inslee
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Knollenberg
     Kolbe
     Kucinich
     Kuykendall
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Larson
     Latham
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McIntosh
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Oxley
     Packard
     Pallone
     Pascrell
     Pastor
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salmon
     Sanchez
     Sandlin
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaffer
     Schakowsky
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simpson
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Talent
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Vento
     Visclosky
     Walden
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Whitfield
     Wicker
     Wilson
     Wise
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--2

     Chenoweth
     Paul
       

                             NOT VOTING--16

     Brady (TX)
     Capps
     Davis (IL)
     Engel
     Ganske
     Hill (IN)
     Hinchey
     Kennedy
     Livingston
     McInnis
     Neal
     Owens
     Pickering
     Reyes
     Rush
     Sanders

                              {time}  1151

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. HILL of Indiana. Mr. Speaker, during rollcall vote No. 24 on H.R. 
438, I was unavoidably detained. Had I been present, I would have voted 
``yes.''
  Mr. McINNIS. Mr. Speaker, due to business in Colorado, I will be 
unable to vote on the following bill, H.R. 438. Had I been able to 
vote, I would have voted ``yea.''

                          ____________________