Home > 108th Congressional Bills > H.R. 2898 (rh) To improve homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 wireless services, and for other purposes. [Reported in House] ...H.R. 2898 (rh) To improve homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 wireless services, and for other purposes. [Reported in House] ...
108th CONGRESS
1st Session
H. R. 2898
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 5, 2003
Received
December 9, 2003
Read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
AN ACT
To improve homeland security, public safety, and citizen activated
emergency response capabilities through the use of enhanced 911
wireless services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E-911 Implementation Act of 2003''.
SEC. 2. COORDINATION OF E-911 IMPLEMENTATION.
Part C of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901 et seq.) is
amended by adding at the end the following:
``SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.
``(a) E-911 Implementation Coordination Office.--
``(1) Establishment.--The Assistant Secretary and the
Administrator of the National Highway Traffic Safety
Administration shall--
``(A) establish a joint program to facilitate
coordination and communication between Federal, State,
and local emergency communications systems, emergency
personnel, public safety organizations,
telecommunications carriers, and telecommunications
equipment manufacturers and vendors involved in the
implementation of E-911 services; and
``(B) create an E-911 Implementation Coordination
Office to implement the provisions of this section.
``(2) Management plan.--The Assistant Secretary and the
Administrator shall jointly develop a management plan for the
program established under this section. Such plan shall include
the organizational structure and funding profiles for the 5-
year duration of the program. The Assistant Secretary and the
Administrator shall, within 90 days after the date of enactment
of this Act, submit the management plan to the Committees on
Energy and Commerce and Appropriations of the House of
Representatives and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate.
``(3) Purpose of office.--The Office shall--
``(A) take actions, in concert with coordinators
designated in accordance with subsection (b)(3)(A)(ii),
to improve such coordination and communication;
``(B) develop, collect, and disseminate information
concerning practices, procedures, and technology used
in the implementation of E-911 services;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (b)(3)(A)(iii);
``(D) receive, review, and recommend the approval
or disapproval of applications for grants under
subsection (b); and
``(E) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(4) Reports.--The Assistant Secretary and the
Administrator shall provide a joint annual report to Congress
by the first day of October of each year on the activities of
the Office to improve coordination and communication with
respect to the implementation of E-911 services.
``(b) Phase II E-911 Implementation Grants.--
``(1) Matching grants.--The Assistant Secretary and the
Administrator, after consultation with the Secretary of
Homeland Security and the Chairman of the Federal
Communications Commission, and acting through the Office, shall
provide grants to eligible entities for the implementation of
phase II E-911 services through planning, infrastructure
improvements, telecommunications equipment purchases, and
personnel training.
``(2) Matching requirement.--The Federal share of the cost
of a project eligible for a grant under this section shall not
exceed 50 percent. The non-Federal share of the cost shall be
provided from non-Federal sources.
``(3) Coordination required.--In providing grants under
paragraph (1), the Assistant Secretary and the Administrator
shall require an eligible entity to certify in its application
that--
``(A) in the case of an eligible entity that is a
State government, the entity--
``(i) has coordinated its application with
the public safety answering points (as such
term is defined in section 222(h)(4) of the
Communications Act of 1934) located within the
jurisdiction of such entity;
``(ii) has designated a single officer or
governmental body of the entity to serve as the
coordinator of implementation of E-911
services, except that such designation need not
vest such coordinator with direct legal
authority to implement E-911 services or manage
emergency communications operations;
``(iii) has established a plan for the
coordination and implementation of E-911
services; and
``(iv) has integrated telecommunications
services involved in the implementation and
delivery of phase II E-911 services; or
``(B) in the case of an eligible entity that is not
a State, the entity has complied with clauses (i),
(iii), and (iv) of subparagraph (A), and the State in
which it is located has complied with clause (ii) of
such subparagraph.
``(4) Criteria.--The Assistant Secretary and the
Administrator shall jointly issue regulations within 180 days
of the enactment of the E-911 Implementation Act of 2003, after
a public comment period of not less than 60 days, prescribing
the criteria for selection for grants under this section, and
shall update such regulations as necessary.
``(c) Diversion of E-911 Charges.--
``(1) Designated e-911 charges.--For the purposes of this
subsection, the term `designated E-911 charges' means any
taxes, fees, or other charges imposed by a State or other
taxing jurisdiction that--
``(A) appear on telecommunications services
customers' bills; and
``(B) are designated or presented as dedicated to
deliver or improve E-911 services.
``(2) Certification.--Each applicant for a matching grant
under this section shall certify to the Assistant Secretary and
the Administrator at the time of application, and each
applicant that receives such a grant shall certify to the
Assistant Secretary and the Administrator annually thereafter
during any period of time during which the funds from the grant
are available to the applicant, that no portion of any
designated E-911 charges imposed by a State or other taxing
jurisdiction within which the applicant is located are being
obligated or expended for any purpose other than the purposes
for which such charges are designated or presented.
``(3) Condition of grant.--Each applicant for a grant under
this section shall agree, as a condition of receipt of the
grant, that if the State or other taxing jurisdiction within
which the applicant is located, during any period of time
during which the funds from the grant are available to the
applicant, obligates or expends designated E-911 charges for
any purpose other than the purposes for which such charges are
designated or presented, all of the funds from such grant shall
be returned to the Office.
``(4) Penalty for providing false information.--Any
applicant that provides a certification under paragraph (1)
knowing that the information provided in the certification was
false shall--
``(A) not be eligible to receive the grant under
subsection (b);
``(B) return any grant awarded under subsection (b)
during the time that the certification was not valid;
and
``(C) not be eligible to receive any subsequent
grants under subsection (b).
``(d) Authorization; Termination.--
``(1) Authorization.--There are authorized to be
appropriated to the Department of Transportation, for the
purposes of grants under the joint program operated under this
section with the Department of Commerce, not more than
$100,000,000 for each of the fiscal years 2004 through 2008.
``(2) Termination.--The provisions of this section shall
cease to be effective on October 1, 2008.
``(e) Definitions.--As used in this section:
``(1) Office.--The term `Office' means the E-911
Implementation Coordination Office.
``(2) Administrator.--The term `Administrator' means the
Administrator of the National Highway Traffic Safety
Administration.
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity' means
a State or local government or a tribal organization
(as defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(l))).
``(B) Instrumentalities.--Such term includes public
authorities, boards, commissions, and similar bodies
created by one or more eligible entities described in
subparagraph (A) to provide E-911 services.
``(C) Exception.--Such term does not include any
entity that has failed to submit the most recently
required certification under subsection (c) within 30
days after the date on which such certification is due.
``(4) E-911 services.--The term `E-911 services' means both
phase I and phase II enhanced 911 services, as described in
section 20.18 of the Commission's regulations (47 CFR 20.18),
as in effect on the date of enactment of this section, or as
subsequently revised by the Federal Communications Commission.
``(5) Phase ii e-911 services.--The term `phase II E-911
services' means only phase II enhanced 911 services, as
described in such section 20.18 (47 CFR 20.18), as in effect on
such date, or as subsequently revised by the Federal
Communications Commission.''.
SEC. 3. REPORT ON THE DEPLOYMENT OF E-911 PHASE II SERVICES BY TIER III
SERVICE PROVIDERS.
Within 90 days after the date of enactment of this Act, the Federal
Communications Commission shall submit a report to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate detailing--
(1) the number of tier III commercial mobile service
providers that are offering phase II E-911 services;
(2) the number of requests for waivers from compliance with
the Commission's phase II E-911 service requirements received
by the Commission from such tier III providers;
(3) the number of waivers granted or denied by the
Commission to such tier III providers;
(4) how long each waiver request remained pending before it
was granted or denied;
(5) how many waiver requests are pending at the time of the
filing of the report;
(6) when the pending requests will be granted or denied;
(7) actions the Commission has taken to reduce the amount
of time a waiver request remains pending; and
(8) the technologies that are the most effective in the
deployment of phase II E-911 services by such tier III
providers.
Passed the House of Representatives November 4, 2003.
Attest:
JEFF TRANDAHL,
Clerk.
Pages: 1 Other Popular 108th Congressional Bills Documents:
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