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] ...

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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.

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