[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3844 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3844

   To promote and enhance public safety through use of 9-1-1 as the 
 universal emergency assistance number, further deployment of wireless 
 9-1-1 service, support of States in upgrading 9-1-1 capabilities and 
   related functions, encouragement of construction and operation of 
   seamless, ubiquitous and reliable networks for personal wireless 
 services, and ensuring access to Federal Government property for such 
                   networks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 1998

  Mr. Tauzin (for himself, Mr. Manton, Mr. Stearns, Mr. Pallone, Mr. 
Klug, Mr. Gordon, Mr. Greenwood, Mr. Sawyer, Mr. Crapo, Mr. Green, Mr. 
Deal of Georgia, Mr. Rogan, Mr. Shimkus, and Mr. Pickering) introduced 
  the following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
   To promote and enhance public safety through use of 9-1-1 as the 
 universal emergency assistance number, further deployment of wireless 
 9-1-1 service, support of States in upgrading 9-1-1 capabilities and 
   related functions, encouragement of construction and operation of 
   seamless, ubiquitous and reliable networks for personal wireless 
 services, and ensuring access to Federal Government property for such 
                   networks, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Wireless 
Communications and Public Safety Act of 1998''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings, purpose, and construction.
Sec. 3. Universal emergency telephone number.
Sec. 4. Wireless Communications and Public Safety Fund.
Sec. 5. Assistance to States.
Sec. 6. Research and development on crash information systems.
Sec. 7. Emergency services support from use of Federal property.
Sec. 8. Consultation.
Sec. 9. Parity of protection for provision or use of wireless 9-1-1 
                            service.
Sec. 10. Definitions.
Sec. 11. Authorizations of appropriations and disposition of fees.
Sec. 12. Severability.

SEC. 2. FINDINGS, PURPOSE, AND CONSTRUCTION.

    (a) Findings.--The Congress finds that--
            (1) the establishment and maintenance of an end-to-end 
        communications infrastructure among members of the public, 
        emergency safety, fire service and law enforcement officials, 
        and hospital emergency and trauma care facilities will reduce 
        response times for the delivery of emergency 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, the establishment of a source of 
        adequate funding for carrier and public safety, fire service 
        and law enforcement agency technology development and 
        deployment, and the designation of 9-1-1 as the number to call 
        in emergencies throughout the Nation;
            (3) emerging technologies such as automatic crash 
        notification systems can be a critical component of the end-to-
        end communications infrastructure among emergency medical 
        service providers and emergency dispatch providers, public 
        safety, fire service and law enforcement officials, and 
        hospital emergency and trauma care facilities, to reduce 
        emergency response times;
            (4) improved public safety remains an important public 
        health objective of Federal, State, and local governments and 
        substantially facilitates interstate and foreign commerce;
            (5) the benefits of wireless communications in emergencies 
        will be enhanced by--
                    (A) the establishment of a program to improve 
                safety through grants to States to develop integrated 
                enhanced wireless 9-1-1 services and to support State 
                programs to address risks to the safety of members of 
                the public from driving under the influence of alcohol 
                or illegal drugs, driving aggressively, or other 
                driving behavior that poses a risk to such safety; and
                    (B) investments in research on and development of 
                automatic crash notification and related matters;
            (6) emergency care systems, particularly in rural areas of 
        the Nation, will improve with the enabling of prompt 
        notification of emergency services when motor vehicle crashes 
        occur; and
            (7) 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.
    (c) Rule of Construction.--This Act, and the amendments made by 
this Act, shall be construed to facilitate achievement of the purpose 
of this Act.
    (d) Use of Existing Authority Consistent With Purpose of Act.--The 
Federal Communications Commission shall exercise its authority under 
statutes other than this Act in a manner that facilitates achievement 
of the purpose of this Act.

SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER.

    (a) Designation of Universal Emergency Number.--The number 9-1-1 is 
hereby designated as the universal emergency telephone number within 
the United States for reporting an emergency to appropriate authorities 
and requesting assistance.
    (b) Federal Agency Use of Universal Emergency Number.--Any 
department, agency, officer, or instrumentality of the United States 
that establishes or operates a communications system that is available 
in whole or in part to members of the public in the United States for 
use in reporting emergencies shall use such authority as may be 
available to such department, agency, officer, or instrumentality 
pursuant to laws other than this Act to ensure that the communications 
system--
            (1) accommodates the number 9-1-1;
            (2) uses the number 9-1-1 for the reporting of emergencies 
        by members of the public; and
            (3) does not designate in communications to the public any 
        number other than 9-1-1 for the reporting of emergencies by 
        members of the public.

SEC. 4. WIRELESS COMMUNICATIONS AND PUBLIC SAFETY FUND.

    (a) Establishment of the WICAPS Fund.--There is hereby established 
in the Treasury a fund to be known as the Wireless Communications and 
Public Safety Fund (hereinafter in this Act referred to as the ``WICAPS 
Fund'').
    (b) Administration of the WICAPS Fund.--The Administrator of the 
National Highway Traffic Safety Administration (hereinafter in this Act 
referred to as the ``Administrator'') shall administer the WICAPS Fund 
in accordance with this Act.
    (c) Investment and Retention of Earnings.--
            (1) The Administrator, with the approval of the Secretary 
        of the Treasury, may invest in accordance with otherwise 
        applicable law any moneys in the WICAPS Fund.
            (2) Any earnings from investments made under paragraph (1) 
        shall accrue to the WICAPS Fund.

SEC. 5. ASSISTANCE TO STATES.

    (a) Population-Based Matching Grants To Implement State Plans.--
            (1) The Administrator shall, not later than 90 days after 
        the Governor of a State or the Governor's designee submits to 
        the Administrator a plan described in paragraph (2), make a 
        grant in the amount and available for the time specified in 
        paragraph (3) to the State to be used for the purposes set 
        forth in paragraph (4), except as provided by paragraph (5).
            (2) The plan to which paragraph (1) refers shall--
                    (A) contain a certification by the Governor or the 
                Governor's designee that the State--
                            (i) has designated 9-1-1 as a universal 
                        emergency telephone number in such State for 
                        reporting an emergency to appropriate 
                        authorities and requesting assistance;
                            (ii) has in place policies to encourage 
                        members of the public to report significant 
                        risks to the safety of members of the traveling 
                        public, such as incidents of driving under the 
                        influence of alcohol or illegal drugs, driving 
                        aggressively, or other driving behavior that 
                        poses a risk to such safety;
                            (iii) makes significant efforts to 
                        minimize, such as through youth and adult 
                        driver education, driving behavior that poses a 
                        risk to the safety of members of the public;
                            (iv) will use funds, other than funds 
                        provided by the Federal Government or funds 
                        raised by a tax or surcharge on wireless 
                        carriers or subscribers, in a specified dollar 
                        amount for the purposes set forth in paragraph 
                        (4) during a specified period; and
                            (v) consulted in the development of the 
                        plan to which paragraph (1) refers, and will 
                        consult in the implementation of the plan, 
                        officials of the State and of political 
                        subdivisions of the State, the 
                        telecommunications industry (specifically 
                        including the cellular and other wireless 
                        telecommunications elements of the industry), 
                        emergency medical service providers and 
                        emergency dispatch providers, public safety, 
                        fire service and law enforcement officials, and 
                        hospital emergency and trauma care personnel 
                        (including emergency physicians, trauma 
                        surgeons, and nurses);
                    (B) provide for coordination on a statewide basis, 
                through a single focal point designated by the Governor 
                of the State, of deployment and functioning of a 
                comprehensive end-to-end emergency communications 
                system, including enhanced wireless 9-1-1 service;
                    (C) contain a description of the mechanisms used in 
                the State for wireless carrier recovery of costs 
                related to the provision of automatic numbering 
                identification and call location services in response 
                to a request from a PSAP;
                    (D) describe the activities to be undertaken with 
                the grant to achieve the purposes set forth in 
                paragraph (4); and
                    (E) provide such uniform assurances as the 
                Administrator may require that the grant funds will be 
                used to implement the plan consistent with the 
                provisions of this Act.
            (3) The amount of a grant to a State under paragraph (1) 
        for any fiscal year--
                    (A) shall be the lesser of--
                            (i) the amount that bears the same 
                        proportion to the amount that is \2/3\ of the 
                        total amount of funds appropriated to carry out 
                        this section for such fiscal year as the 
                        proportion of the population of the State to 
                        the population of the United States in the most 
                        recent decennial census of the United States; 
                        or
                            (ii) 3 times the amount of funds set forth 
                        in the certification under paragraph 
                        (2)(A)(iv); and
                    (B) shall not be obligated by the State (or an 
                entity under subsection (c)(2) as the case may be) 
                after the end of the period set forth in the 
                certification under paragraph (2)(A)(iv).
            (4) The purposes to which paragraph (1) refers are--
                    (A) payment of nonrecurring costs associated with 
                acquisition, upgrade, or modification of equipment to 
                be used by units of States or of political subdivisions 
                thereof (including PSAPs) for receipt of enhanced 
                wireless 9-1-1 service information;
                    (B) payment of nonrecurring costs incurred by 
                nongovernmental entities in providing enhanced wireless 
                9-1-1 service or in acquiring the capability to provide 
                such service; and
                    (C) implementation of other emergency prevention, 
                educational, or pre-hospital emergency programs and 
                investments which will utilize or make effective the 
                end-to-end system envisioned by this Act.
            (5) The Administrator shall not make a grant under 
        paragraph (1) if funds are not available from the WICAPS Fund 
        to make the grant.
    (b) Rural Assistance Grants to States.--
            (1) The Administrator may, after the Governor of a State or 
        the Governor's designee submits to the Administrator a plan 
        described in paragraph (2), make a grant in the amount and 
        available for the time specified in paragraph (3) to the State 
        to be used for the purposes set forth in paragraph (4), subject 
        to paragraph (5), to assist in ensuring the achievement of the 
        purpose of this Act in rural areas of the United States.
            (2) The plan to which paragraph (1) refers is a plan 
        meeting the description set forth in subsection (a)(2) 
        (excluding subsection (a)(2)(A)(iv)).
            (3) The amount of the grant to which paragraph (1) refers 
        shall be such amount as the Administrator deems appropriate to 
        assist in ensuring the achievement of the purpose of this Act 
        in rural areas of the State.
            (4) The purposes to which paragraph (1) refers are the 
        purposes set forth in subsection (a)(4).
            (5) The Administrator shall not make a grant under 
        paragraph (1) if funds are not available from the WICAPS Fund 
        to make the grant.
            (6) A grant made to a State pursuant to this subsection is 
        in addition to any grant made to that State pursuant to 
        subsection (a).
    (c) Mechanisms for Disbursement of Grant Funds.--A State that 
receives a grant under this section may disburse the grant funds--
            (1) directly; or
            (2) through governmental entities of that State, political 
        subdivisions of that State or entities thereof, or 
        nongovernmental entities, that are associated with an emergency 
        communications system if--
                    (A) the system with which the entity or subdivision 
                is associated uses the number 9-1-1 as a universal 
                emergency telephone number; or
                    (B) a purpose of the disbursements is to enable 
                such system to use the number 9-1-1 as a universal 
                emergency telephone number.
    (d) Notification to Governors.--Not later than 15 days after the 
date of enactment of this Act, the Administrator shall notify the 
Governors of the States in writing of the enactment of the Act and 
shall furnish a copy of this Act with the notification.

SEC. 6. RESEARCH AND DEVELOPMENT ON CRASH INFORMATION SYSTEMS.

    (a) Not later than 90 days after the date of enactment of this Act, 
the Administrator shall establish a program to fund from the WICAPS 
Fund, as provided in Section 11, investments in research and 
development of--
            (1) an end-to-end automatic crash notification system that, 
        in the event of a crash of a motor vehicle, would automatically 
        use a wireless telephone in that vehicle to transmit 
        information about the crash to the appropriate emergency 
        personnel; and
            (2) a uniform wireless telephone interface in motor 
        vehicles that permits--
                    (A) the transmission of crash data; and
                    (B) voice-activated, hands-free use of all models 
                of wireless telephones.
    (b)(1) The investments for which subsection (a)(1) provides shall 
include investments administered by trauma centers for the purpose of--
            (A) using automatic crash notification systems;
            (B) establishing decision protocols for the use of data 
        obtained from such systems and training emergency personnel in 
        the use of such data;
            (C) establishing standardized, robust methods to assess the 
        added value of an end-to-end automatic crash notification 
        system and to identify early the changing epidemiology of motor 
        vehicle crashes; and
            (D) developing models for incorporating the use of such 
        data into emergency systems throughout the United States.
    (2) The trauma centers for which paragraph (1) provides shall 
reflect a cross section of the geographic diversity, population 
characteristics, and climatic features of the United States.

SEC. 7. EMERGENCY SERVICES SUPPORT FROM USE OF FEDERAL PROPERTY.

    Title VII of the Communications Act of 1934 is amended by adding 
after section 714 (47 U.S.C. 614) the following new section:

``SEC. 715. USE OF FEDERAL PROPERTY TO PROVIDE WIRELESS SERVICES.

    ``(a) Policy.--It is the policy of the United States to encourage 
rapid construction and expansion of the wireless communications 
infrastructure in the United States and, to that end, to make the real 
property of the United States Government available to the maximum 
extent practicable for the siting of facilities that are part of that 
infrastructure.
    ``(b) Availability of Federal Property.--Not later than 60 days 
after a department, agency, officer, or instrumentality of the United 
States with control of real property (including rights-of-way and 
easements) owned by the United States receives a request containing the 
information set forth in subsection (c) from a provider of personal 
wireless services for access to and use of such real property for 
siting of facilities used in providing such services, the department, 
agency, officer, or instrumentality shall make that real property 
available, on a fair, reasonable, and nondiscriminatory basis and at 
not more than a reasonable fee (which shall in no event exceed fair 
market value), to the provider for that purpose, unless and to the 
extent that the head of the department, agency, officer, or 
instrumentality determines, on the record after an opportunity for an 
agency hearing, and notifies the provider prior to the expiration of 
that 60-day period that making such real property available will 
present an unavoidable direct conflict with--
            ``(1) the mission of the department, agency, officer, or 
        instrumentality; or
            ``(2) the current use of the real property or the use of 
        the real property that was planned at the time of the request.
    ``(c) Information Required in Request for Access to and Use of 
Federal Property.--A request by a provider of personal wireless 
services under subsection (b) shall contain the following information:
            ``(1) The name, address and telephone number of the 
        provider and the provider's authorized or legal representative 
        for the request.
            ``(2) Site-specific identification of the real property to 
        which access is requested, such as a specific building name and 
        address or site latitude and longitude.
            ``(3) The type and size of antenna installation and support 
        required for the provider's proposed wireless site, including 
        access to the site, utility requirements, acreage of land, or 
        foot-pound capacity for rooftops, and any special site 
        modification requirements.
            ``(4) A summary of antenna specifications, including 
        frequencies.
            ``(5) The term of the requirement for use of the real 
        property.
            ``(6) The terms of removal of the equipment and structures 
        or property restoration.
            ``(7) A description of any project or larger antenna 
        program to which the site relates.
            ``(8) A description of methods of achieving compliance with 
        any applicable environmental or historic preservation statutes.
    ``(d) Judicial Review.--A provider of personal wireless services 
adversely affected by a final action or failure to act by a department, 
agency, officer, or instrumentality concerning a request under 
subsection (b) (including any decision relating to a fair, reasonable, 
and nondiscriminatory basis for access and use or what constitutes a 
reasonable fee) may obtain judicial review of the action or failure to 
act in accordance with the provisions of chapter 7 of title 5 of the 
United States Code, except that the burden shall be on the department, 
agency, officer, or instrumentality to sustain its action.
    ``(e) Regulatory Compliance.--A request under subsection (b) and 
the access to and use of real property pursuant to subsection (b) shall 
be subject to environmental processing only under subpart I of part 1 
of title 47 of the Code of Federal Regulations.''.

SEC. 8. CONSULTATION.

    (a) Not later than 90 days after the date of enactment of this Act, 
the Administrator of the National Highway Traffic Safety Administration 
and the Federal Communications Commission, acting jointly, shall 
establish a Wireless Emergency Services Advisory Group to advise the 
Administrator and the Commission on implementation of this Act and 
achievement of the purpose of this Act and to make the reports to 
Congress required by subsection (d).
    (b) The Group to which subsection (a) refers shall include 
representatives of appropriate Federal agencies, States, political 
subdivisions of States, the telecommunications industry (specifically 
including the cellular and other wireless telecommunications elements 
of the industry), emergency medical service providers and emergency 
dispatch providers, public safety, fire service and law enforcement 
officials, hospital emergency and trauma care personnel (including 
emergency physicians, trauma surgeons, and nurses), and the public.
    (c) The Group to which subsection (a) refers shall not be deemed to 
be an advisory committee as defined in Section 3 of the Federal 
Advisory Committee Act (5 U.S.C. App. 3).
    (d) The Group to which subsection (a) refers shall report to the 
Senate and the House of Representatives, not later than one year after 
the date of enactment of this Act, and annually thereafter, presenting 
its views on matters relating to implementation of this Act and 
achievement of the purpose of this Act.

SEC. 9. PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS 9-1-1 
              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 
that a local exchange company, and its officers, directors, employees, 
vendors, or agents, have under applicable law, including in connection 
with an act or omission involving--
            (1) development, design, installation, operation, 
        maintenance, performance, or provision of telecommunications 
        service (including wireless 9-1-1 service);
            (2) transmission errors, failures, network outages, or 
        other technical difficulties that may arise in the course of 
        handling emergency calls or providing emergency services 
        (including wireless 9-1-1 service); or
            (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 9-1-1 service 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 under applicable law in similar circumstances of a 
person using 9-1-1 service that is not wireless.
    (c) Basis for Enactment.--This section is enacted as an exercise of 
the enforcement power of the Congress under section 5 of the fourteenth 
amendment and the power of the Congress to regulate commerce with 
foreign nations, among the several States, and with Indian tribes.

SEC. 10. DEFINITIONS.

    As used in this Act:
            (1) The term ``instrumentality of the United States'' 
        includes any independent establishment of the United States.
            (2) The term ``personal wireless services'' has the meaning 
        specified for that term in section 332(c)(7)(C) of the 
        Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)).
            (3) The term ``public safety answering point'' or ``PSAP'' 
        means a facility that has been designated to receive 9-1-1 
        calls and route them to emergency service personnel.
            (4) The term ``State'' means any of the several States, the 
        District of Columbia, or any territory or possession of the 
        United States.
            (5) 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 9-1-1 service.
            (6) The term ``enhanced wireless 9-1-1 service'' means any 
        enhanced 9-1-1 service so designated by the Federal 
        Communications Commission in the proceeding entitled ``Revision 
        of the Commission's Rules to Ensure Compatibility with Enhanced 
        9-1-1 Emergency Calling Systems'' (CC Docket No. 94-102; RM-
        8143), or any successor proceeding.
            (7) The term ``wireless 9-1-1 service'' means any 9-1-1 
        service provided by a wireless carrier, including enhanced 
        wireless 9-1-1 service.
            (8) The term ``nongovernmental entity'' means a person as 
        defined in Section 3 of the Communications Act of 1934 (47 
        U.S.C. 153) that is not a department, agency, instrumentality 
        or officer of the United States, a State, or a political 
        subdivision of a State.

SEC. 11. AUTHORIZATIONS OF APPROPRIATIONS AND DISPOSITION OF FEES.

    (a) Authorization of Appropriations for Administration of the 
Act.--There are authorized to be appropriated in any fiscal year to the 
National Highway Traffic Safety Administration such sums as may be 
necessary to carry out the duties under this Act (other than the duties 
for which subsections (b) and (c) authorize appropriations) of the 
Administrator of the National Highway Traffic Safety Administration, 
and such sums may be derived by transfer from the WICAPS Fund to the 
extent provided in appropriations Acts.
    (b) Authorization of Appropriations From the WICAPS Fund for Making 
Grants.--(1) There are authorized to be appropriated in any fiscal year 
from the WICAPS Fund, for the purpose of making grants under section 5, 
such sums as the WICAPS fund may contain.
    (2) In any fiscal year, not more than \1/3\ of the funds 
appropriated pursuant to an authorization of appropriations in this 
subsection may be obligated for grants pursuant to section 5(b).
    (c) Authorization of Appropriations From the WICAPS Fund for Making 
Research and Development Investments.--
            (1) Subject to paragraph (2), there is authorized to be 
        appropriated in any fiscal year from the WICAPS Fund, for the 
        purpose of making investments under section 6, an amount equal 
        to 25 percent of the amount appropriated for that fiscal year 
        pursuant to the authorization of appropriations in subsection 
        (b)(1).
            (2) No funds are authorized to be appropriated in any 
        fiscal year that, if appropriated, would cause the total of 
        funds appropriated for purposes of making investments under 
        section 6 to exceed $60,000,000.
    (d) Authorization of Appropriations to the WICAPS Fund.--There are 
authorized to be appropriated to the WICAPS Fund in any fiscal year 
such sums as may be necessary to carry out this Act.
    (e) Fiscal Year Availability.--Funds made available pursuant to an 
authorization of appropriations contained in this Act shall be 
available without fiscal year limitation to the extent provided in 
appropriations Acts.
    (f) Disposition of Fees.--
            (1) Subject to paragraph (4), a department, agency, officer 
        or instrumentality of the United States receiving funds which 
        are the reasonable fees to which section 715(b) of the 
        Communications Act of 1934 (as added by section 7) refers--
                    (A) may, without regard to section 3302 of title 31 
                of the United States Code and consistent with such 
                instructions as the Director of the Office of 
                Management and Budget may issue, credit to the 
                appropriations accounts identified in paragraph (2) not 
                to exceed the amount set forth in paragraph (3); and
                    (B) shall remit to the Treasury for deposit in the 
                WICAPS Fund established by section 4 such sums received 
                as reasonable fees as are not credited in accordance 
                with subparagraph (A).
            (2) The appropriations accounts to which paragraph (1)(A) 
        refers are the appropriations accounts the appropriated funds 
        of which the department, agency, officer, or instrumentality 
        would use at the time the crediting occurs to process requests 
        for access to and use of real property for siting of facilities 
        used in providing personal wireless services.
            (3) The amount to which paragraph (1)(A) refers is the 
        amount the department, agency, officer, or instrumentality has 
        obligated after the date of enactment of this Act to process 
        requests for access to and use of real property for siting of 
        facilities used in providing personal wireless services.
            (4) Nothing in this subsection shall impair or affect the 
        authority under a statute other than this Act of a department, 
        agency, officer, or instrumentality to receive and use funds 
        that are not appropriated funds.

SEC. 12. SEVERABILITY.

    If any provision of this Act or the application thereof to any 
person or circumstances is held invalid, the validity of the remainder 
of the Act and of the application of such provision to other persons 
and circumstances shall not be affected thereby.
                                 <all>