[Senate Report 108-130]
[From the U.S. Government Publishing Office]
Calendar No. 254
108th Congress Report
SENATE
1st Session 108-130
_______________________________________________________________________
THE ENHANCED 911 EMERGENCY COMMUNICATIONS ACT OF 2003
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1250
August 26, 2003.--Ordered to be printed
Filed, under authority of the order of the Senate of July 29
(legislative day, July 21), 2003
______
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
Calendar No. 254
108th Congress Report
SENATE
1st Session 108-130
======================================================================
THE ENHANCED 911 EMERGENCY COMMUNICATIONS ACT OF 2003
_______
August 26, 2003.--Ordered to be printed
Filed, under authority of the order of the Senate of July 29
(legislative day, July 21), 2003
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1250]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1250) to improve, enhance, and
promote the Nation's homeland security, public safety, and
citizen activated emergency response capabilities through the
use of enhanced 911 services, to further upgrade Public Safety
Answering Point capabilities and related functions in receiving
enhanced calls, and to support in the construction and
operation of a ubiquitous and reliable citizen activated system
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of the Bill
The purposes of this legislation are to: (i) require the
Administrator of the National Telecommunications and
Information Administration (NTIA) at the Department of Commerce
to establish an Emergency Communications Task Force to
facilitate coordination between Federal, State, and local
emergency communications systems, emergency personnel, and
public safety organizations; (ii) authorize up to $500 million
per year for Federal matching grants to State and local
governments and to tribal organizations for enhancing emergency
communications services through planning, infrastructure
improvements, equipment purchases, and personnel training and
acquisition; and (iii) require the Federal Communications
Commission (FCC) to review at least twice per year the
imposition of, and the use of revenues derived from, taxes,
fees, or other charges by State or local governments on
telecommunications services customers' bills that are
designated for improving emergency communications services,
including 911 services or enhanced 911 services.
Background and Needs
Today, there are approximately 140 million wireless
telephones in use in the United States. Several studies over
the last decade have shown that most consumers cite safety and
security (including the ability to communicate in an emergency)
as their main reason for purchasing a cell phone. Even if their
own lives are not affected, many Americans have indicated they
are willing to be ``Good Samaritans'' and use their wireless
phones to report emergencies to local public safety authorities
when they see them occurring. Of the approximately 200 million
calls placed to 911 each year, more than 56 million, or 28
percent, of the calls are made from wireless phones. Some
metropolitan areas show even higher percentages of wireless 911
calls than the nationwide average, with several receiving a
majority of their 911 calls from wireless phones.
Unlike calls to 911 from land-based wireline telephones, most
public safety operators answering wireless 911 calls do not
have information regarding the name, telephone number, and
location of the caller--referred to as enhanced 911 (E-911)
services. Without this information, emergency response times
may be delayed while the operators attempt to determine the
location of the emergency. In many instances, wireless 911
callers do not know their exact location (particularly in rural
areas), and some who are injured or disoriented cannot respond
to operators' questions regarding their location. Medical
emergency and public safety responders speak of a ``golden
hour''--the first hour after serious injury when there is the
greatest chance of saving life. As time elapses, chances of
survival diminish and the severity of injuries increase. Prompt
and accurate location information--especially from the
increasing numbers of wireless 911 calls--is therefore critical
to delivering emergency assistance to victims within the first
hour.
IMPLEMENTATION PROBLEMS
Successful wireless E-911 implementation requires the
cooperation of three discrete groups: wireless carriers,
wireline telephone companies (also known as local exchange
carriers), and Public Safety Answering Points (PSAPs). A PSAP
is the emergency operator dispatch point that receives 911
calls for a community. There are approximately 6,100 PSAPs
nationwide. In short, the wireless carrier must be able to
determine the location of the caller, the local exchange
carrier must carry that location information from the carrier
to the PSAP, and the PSAP must be capable of receiving such
information. In many ways, the initiation of wireless E-911
implementation begins with the PSAP, because no other
obligations are imposed on any other party until the PSAP
submits a request for E-911 service.
It is estimated that only 10 percent of the PSAPs nationwide
have made requests to receive wireless E-911 location
information (known as ``Phase II'' requests). One major reason
for the delay in PSAP requests is that PSAPs are not ready to
receive the E-911 information that will be sent to them by
wireless carriers. In order to receive this information, PSAPs
must first make software and hardware upgrades in their
operations centers, as well as make appropriate trunking
arrangements with local wireline telephone companies to enable
wireless E-911 data to pass from the wireless carrier to the
PSAP. As required by the FCC, however, PSAPs also must have the
means of covering their costs in order to make a valid request
to the wireless carrier for E-911 service. Absent a valid PSAP
request, a wireless carrier is under no obligation to deploy E-
911 services.
STATE FUNDING PROBLEMS
The FCC's rules do not mandate any specific State action nor
specify any particular mechanism for funding the technology and
service capabilities necessary to enable the PSAP to make a
valid service request. Some PSAPs are able to fund upgrades
from existing State budgets, but most PSAPs must rely on funds
collected pursuant to State authority for public safety
services. Currently, over 40 States have established some type
of wireless fee or surcharge on consumers' mobile phone bills
to fund, either in whole or in part, PSAP upgrades for wireless
E-911 service. In the States relying on monthly surcharges,
subscribers' fees range from 20 cents to $2 per month, with the
average about 60 cents per month.\1\ In many States, however,
State laws do not specifically limit the use of wireless E-911
surcharges to wireless E-911 upgrades. These States' surcharges
can be used for other public safety purposes if not spent on
wireless E-911.
---------------------------------------------------------------------------
\1\ NENA Fact Sheet: Enhanced Wireless Emergency Communications:
Implementation Process and Status, National Emergency Number
Association (NENA), October 2001.
---------------------------------------------------------------------------
Recently, State lawmakers and administrators have begun
investigating the use of E-911 funds, and have discovered
instances in which E-911 funds have been used for purposes
other than the provision of E-911 service. Observers claim as
many as 11 States have been ``raiding'' their collected E-911
funds to satisfy other State obligations. In New York, for
example, nearly $200 million collected as E-911 surcharges have
been diverted for other public safety purposes, while the
State's PSAPs have remained underfunded and unready to request
E-911 service from carriers. Although State administrators
supporting these diversions argue that their decisions are
justified given more pressing State funding needs,
investigators also have found some egregious examples of such
funds being used to cover expenses for dry cleaning and lawn
mowing services for State police (e.g., New York).
Legislative History
Senator Burns, the chairman of the Communications
Subcommittee of the Committee on Commerce, Science, and
Transportation, introduced S. 1250 on June 12, 2003, with
Senator Clinton as an original cosponsor. The bill is also
cosponsored by Senator Lautenberg.
On March 5, 2003, the Communications Subcommittee held a
hearing on the implementation of E-911 services for wireless
phones. Three members of Congress appeared before the
Committee, in addition to a State assemblyman, and a diverse
group of companies, associations, and private parties
interested in E-911 services.
On June 26, 2003, the Committee met in open executive session
and by voice vote ordered the bill reported without amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 26, 2003.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1250, the Enhanced
911 Emergency Communications Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Melissa
Zimmerman.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1250--Enhanced 911 Emergency Communications Act of 2003
Summary: S. 1250 would authorize the appropriation of $500
million a year to the National Telecommunications and
Information Agency (NTIA) for grants to State and local
governments and tribal organizations for improving emergency
communications services. It also would establish the Emergency
Communications Task Force to improve coordination between
Federal, State, and local emergency communications systems and
would direct the Federal Communications Commission (FCC) to
monitor the collection and spending of fees levied by States
for the purposes of supporting those systems.
CBO estimates that implementing S. 1250 would cost $213
million in 2004 and about $2.2 billion over the 2004-2008
period. CBO estimates that enacting this bill would have no
effect on direct spending or revenues.
S. 1250 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
It would benefit State, local, and tribal governments by
authorizing grants to enhance emergency communication services.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1250 is shown in the following table.
The costs of this legislation fall within budget function 370
(commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
NTIA:
Estimated authorization level.................................. 510 510 510 511 511
Estimated outlays.............................................. 208 410 510 511 511
FCC:
Estimated authorization level.................................. 5 5 5 5 5
Estimated outlays.............................................. 5 5 5 5 5
--------------------------------------------
Total:
Estimated authorization level.............................. 515 515 515 516 516
Estimated outlays.......................................... 213 415 515 516 516
----------------------------------------------------------------------------------------------------------------
Basis of estimate: Section 5 would authorize the
appropriation of $500 million a year to NTIA for grants to
state and local governments and tribal organizations for
improving emergency communications systems. Based on
information from that agency, CBO estimates that administering
these grants would cost about $5 million a year. Section 4
would establish an Emergency Communications Task Force, which
would be charged with improving coordination between Federal,
state, and local emergency communications services. The bill
specifies that representatives from the Department of Justice,
the Department of Homeland Security, the Department of Defense,
the Department of the Interior, the Department of
Transportation, the FCC, and other state, local, and industry
organizations would serve on the task force. Administrative and
travel costs for federal employees on the task force would be
paid by the NTIA. Based on information from NTIA, we estimate
the task force would cost about $5 million over a year over the
2004-2008 period.
Assuming appropriation of the necessary amounts for the
grants and administrative costs, and the cost of operating the
task force, CBO estimates that implementing section 5 would
cost $208 million in 2004 and about $2.2 billion over the 2004-
2008 period.
Section 6 would direct the FCC to review the level of fees
charged to consumers by state and local governments to support
the operations of emergency communications services. Based on
information provided by the FCC, CBO estimates that
implementing section 6 would cost about $5 million in 2004 and
$25 million over the 2004-2008 period.
Intergovernmental and private-sector impact: This bill
contains no intergovernmental or private-sector mandates as
defined in UMRA. It would benefit State, local, and tribal
governments by authorizing grants to enhance emergency
communications services. Any costs incurred by State, local,
and tribal governments as a result of this legislation would be
voluntary conditions of receiving Federal assistance.
Estimate prepared by: Federal Costs: Melissa E. Zimmerman.
Impact on State, Local, and Tribal Governments: Sarah Puro.
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1250 would provide matching grants for, and better
coordination of, the implementation of E-911 services by PSAPs
in all States. Therefore, S. 1250 would cover all subscribers
to wireless phone service (approximately 140 million
Americans), as well as all members of the public that may, in
the future, benefit in emergency situations from the
availability of E-911 services on wireless phones.
ECONOMIC IMPACT
The legislation would authorize additional sources of funding
for the implementation of E-911 services by PSAPs, thereby
reducing the economic burden on such entities and those States,
political subdivisions of States, and tribal organizations that
currently provide for their funding. As a result, the bill
would likely reduce delays in PSAP requests for E-911 services,
and thus facilitate deployment of E-911 services by
telecommunications service providers on a national scale and in
a more organized, reliable, and cost-efficient manner.
PRIVACY
S. 1250 would not alter or affect the personal privacy
protections already afforded consumers using wireless phones
when calling 911 for emergency services.
PAPERWORK
S. 1250 would require the NTIA's newly formed Emergency
Communications Task Force to submit annual reports to Congress.
Additionally, S. 1250 would require the NTIA to administer a
matching grant program and would require the FCC to notify
Congress of any State that diverts E-911 funds. The legislation
should generate similar amounts of administrative paperwork as
other legislation requiring multiple agency coordination and
reports to Congress.
Section-by-Section Analysis
Section 1. Short title
This section would provide that the legislation may be cited
as the ``Enhanced 911 Emergency Communications Act of 2003.''
Section 2. Findings
This section would set forth the following findings of
Congress: E-911 services with the most modern and state-of-the-
art capabilities should be available to all Americans in every
region of the United States; enhanced emergency communications
requires Federal, State, and local government resources and
coordination; any funds collected for E-911 services should be
used only for E-911 purposes; and E-911 is a high national
priority, requiring Federal leadership working in cooperation
with State and local governments, and with other emergency
communications services organizations.
Section 3. Purposes
This section would set forth that the purposes of the Act are
the following: to coordinate emergency communications systems,
including 911 services and E-911 services, at the Federal,
State, and local levels; to provide stability and resources to
State and local PSAPs in order to facilitate ubiquitous and
reliable deployment of E-911 services throughout the United
States; and to ensure that funds collected on consumers'
telecommunications bills for E-911 services are used only for
such purposes.
Section 4. Emergency communications coordination
This section would amend part C of title I of the NTIA
Organization Act (47 U.S.C. 901 et seq.) by adding a new
section requiring the NTIA Administrator to establish an
Emergency Communications Task Force to facilitate coordination
between Federal, State, and local emergency communications
systems, emergency personnel, and public safety organizations.
This section would require the Task Force to include
representatives from the following government agencies and
private entities: the U.S. Department of Justice; the U.S.
Department of Homeland Security; the U.S. Department of
Defense; the U.S. Department of Interior; the U.S. Department
of Transportation; the FCC; State and local first responder
agencies; national 911 and emergency communications leadership
organizations; and the telecommunications industry. The NTIA
Administrator also would be free to designate additional Task
Force representatives.
Section 4 would require the NTIA Administrator to make annual
reports to Congress with the Task Force's recommendations on
how Federal, State, and local government and emergency
communications organizations can improve their coordination and
communications with one another. Section 4 also would prohibit
members of the Task Force from receiving special compensation
for their participation.
Section 5. Grants for E-911 enhancement
This section would amend part C of title I of the NTIA
Organization Act (47 U.S.C. 901 et seq.) by adding a new
section authorizing up to $500 million per year for grants to
State and local governments, and to tribal organizations, for
enhancing emergency communications services through planning,
infrastructure improvements, equipment purchases, and personnel
training and acquisition. The grant program would be
administered by the NTIA in consultation with the United States
Department of Homeland Security.
Section 5 would require the grant program to have a matching
requirement so that the Federal share of any project eligible
to receive a grant would not exceed 50 percent of the total
funding. This section also would require preference in grants
to go to applicants that coordinated their applications with
the needs of PSAPs, as well as those that have integrated
public and commercial communications services involved in the
construction, delivery, and improvement of emergency
communications, including 911 services.
Section 5 would require the NTIA Administrator to issue
regulations regarding the criteria for the selection of grants
made pursuant to this section within 180 days after the
enactment of the Act, following a 60-day period of public
comment.
Section 6. State and local 911 practices
This section would amend part IV of title VI of the
Communications Act of 1934 (47 U.S.C. 631 et seq.) by adding a
new section requiring the FCC to review at least twice per year
the imposition of, and the use of revenues derived from, taxes,
fees, or other charges by State or local governments on
telecommunications services customers' bills that are
designated for improving emergency communications services,
including 911 services or E-911 services. Under this section,
States also would be required to certify annually to the FCC
that no portion of the revenues received for such purposes have
been used for any other purposes. The FCC, in turn, would be
required to notify Congress of States that fail to provide
certification as well as the amount of revenues used by such
States for purposes other than that for which they were
collected.
Additionally, section 6 would require the NTIA Administrator
to withhold grant funds to States that have failed to provide
proper certification to the FCC.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION
ACT
TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
PART C--SPECIAL AND TEMPORARY PROVISIONS
SEC. 158. COORDINATION OF EMERGENCY COMMUNICATIONS.
(a) Establishment of Task Force.--The Assistant Secretary
shall establish an Emergency Communications Task Force to
facilitate coordination between Federal, State, and local
emergency communications systems, emergency personnel, and
public safety organizations. The task force shall include the
following:
(1) Representatives from Federal agencies,
including--
(A) the Department of Justice;
(B) the Department of Homeland Security;
(C) the Department of Defense;
(D) the Department of the Interior;
(E) the Department of Transportation; and
(F) the Federal Communications Commission;
(2) State and local first responder agencies;
(3) national 911 and emergency communications
leadership organizations;
(4) telecommunications industry representatives; and
(5) other individuals designated by the Assistant
Secretary.
(b) Purpose of Task Force.--The task force shall provide
advice and recommendations with respect to methods to improve
coordination and communications between agencies and
organizations involved in emergency communications, including
911 services to enhance homeland security and public safety.
(c) Reports.--The Assistant Secretary shall provide an annual
report to Congress by the first day of October of each year on
the task force activities and make recommendations on how
Federal, State, and local governments and emergency
communications organizations can improve coordination and
communications.
(d) Miscelleanous Provisions.--Members of the task force
shall serve without special compensation with respect to their
activities on behalf of the task force.
SEC. 159. EMERGENCY COMMUNICATIONS GRANTS.
(a) Matching Grants.--The Assistant Secretary, after
consultation with the Secretary of Homeland Security, shall
provide grants to State and local governments and tribal
organizations (as defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(l)))
for the purposes of enhancing emergency communications services
through planning, infrastructure improvements, equipment
purchases, and personnel training and acquisition.
(b) 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.
(c) Preference.--In providing grants under subsection (a),
the Assistant Secretary shall give preference to applicants
who--
(1) coordinate their applications with the needs of
their public safety answering points; and
(2) integrate public and commercial communications
services involved in the construction, delivery, and
improvement of emergency communications, including 911
services.
(d) Criteria.--The Assistant Secretary shall issue
regulations within 180 days of the enactment of the Enhanced E-
911 Emergency Communications 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.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Assistant Secretary not more than
$500,000,000 for each fiscal year for grants under this
section.
COMMUNICATIONS ACT OF 1934
TITLE VI--CABLE COMMUNICATIONS
PART IV. MISCELLANEOUS PROVISIONS
SECTION 6. STATE AND LOCAL 911 PRACTICES.
SEC. 642. DIVERSION OF 911 FUNDS.
(a) In General.--
(1) Assessment and audit.--The Commission shall
review, no less frequently than twice a year--
(A) the imposition of taxes, fees, or other
charges imposed by States or political
subdivisions of States that--
(i) appear on telecommunications
services customers' bills; and
(ii) are designated or presented as
dedicated to improve emergency
communications services, including 911
services or enhanced 911 services, or
related to emergency communications
services operations or improvements;
and
(B) the use of revenues derived from such
taxes, fees, or charges.
(2) Certification.--Each State shall certify annually
to the Commission that no portion of the revenues
derived from such taxes, fees, or charges have been
obligated or expended for any purpose other than the
purposes for which such taxes, fees, or charges are
designated or presented.
(b) Notification of Congress and the Public.--If the
Commission fails to receive the certification described in
subsection (a)(2), then, within 30 days after the date on which
such certification was due, the Commission shall cause to be
published in the Federal Register, and notify the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce of--
(1) the identity of each State or political
subdivision that failed to make the certification; and
(2) the amount of revenues obligated or expended by
that State or political subdivision for any purpose
other than the purposes for which such taxes, fees, or
charges were designated or presented.
(c) Withholding of Funds.--Notwithstanding any other
provision of law, the Assistant Secretary shall withhold any
Federal grant funds that would otherwise be made available
under section 159 of the National Telecommunications and
Information Administration Organization Act to a State or
political subdivision identified by the Commission under
subsection (b)(1) in an amount not to exceed twice the amount
described in subsection (b)(2). In lieu of withholding grant
funds under this subsection, the Secretary may require a State
or political subdivision to repay to the Secretary the
appropriate amount of funds already disbursed to that State or
political subdivision.