[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2519 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2519

   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 SENATE OF THE UNITED STATES

                           September 24, 1998

 Mr. McCain (for himself and Mr. Burns) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Wireless Communications and Public 
Safety Act of 1998''.

SEC. 2. FINDINGS AND PURPOSE.

    (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, 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, the establishment of sources of adequate 
        funding for carrier and public safety, fire service and law 
        enforcement agency technology development and deployment, and 
        the designation of 911 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 connecting the public with 
        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 and provide appropriate 
        care;
            (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 911 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.

SEC. 3. UNIVERSAL 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 1998.''.

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.
    (b) Administration of the WICAPS Fund.--The Secretary of the 
Treasury shall administer the WICAPS Fund in accordance with this Act.
    (c) Investment and Retention of Earnings.--It shall be the duty of 
the Secretary of the Treasury to invest such portion of the WICAPS Fund 
as is not, in the Secretary of the Treasury's judgment, required to 
meet current withdrawals. Such investments may be made only in 
interest-bearing obligations of the United States. The interest on, and 
the proceeds from the sale or redemption of, any obligations held in 
the WICAPS Fund shall be credited to and form a part of the WICAPS 
Fund.

SEC. 5. ASSISTANCE TO STATES.

    (a) Population-Based Matching Grants To Implement State Plans.--
            (1) In general.--From the amounts available under section 
        9(d)(1), the Secretary shall make grants to States in 
        accordance with the requirements of this subsection.
            (2) State plans.--Any State seeking to obtain a grant under 
        this subsection shall submit to the Secretary a plan for the 
        administration of the grant. Such plan shall--
                    (A) contain a certification by the Governor or the 
                Governor's designee that the State--
                            (i) will implement the designation of 911 
                        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) will make 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 provide from non-Federal sources 
                        for carrying out the purposes of the grant an 
                        amount equal to not less than one-fourth of the 
                        amount of the grant; and
                            (v) has consulted in the development of the 
                        plan, and will consult in the implementation of 
                        the plan, with State and local officials 
                        responsible for emergency services and public 
                        safety, the telecommunications industry 
                        (specifically including the cellular and other 
                        wireless telecommunications elements of the 
                        industry), 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);
                    (B) provide for coordination on a statewide basis, 
                by an entity designated by the Governor of the State, 
                of deployment and functioning of a comprehensive end-
                to-end emergency communications system, including 
                enhanced wireless 911 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);
                    (E) identify any entity that will be used to 
                administer the grant in accordance with subsection (a);
                    (F) provide such assurances as the Secretary may 
                require that the grant funds will be used to implement 
                the plan consistent with the provisions of this Act.
            (3) Allocation of grants on the basis of population.--
                    (A) In general.--The Secretary shall allocate the 
                amount available under section 9(d)(1) for any fiscal 
                year among States submitting plans in accordance with 
                paragraph (2) for such fiscal year. The amount of each 
                such grant shall be equal to the amount that bears the 
                same ratio to the amount available under section 
                9(d)(1) for such fiscal year as the population of each 
                State bears to the total population of the States 
                submitting such plans, as determined in the most recent 
                decennial census of the United States.
                    (B) Reallocation of unmatched amounts.--If any 
                amounts remain unallocated because one or more States 
                provide a smaller matching amount under paragraph 
                (2)(A)(iv) than is required to obtain the full grant 
                amount under subparagraph (A) of this paragraph, the 
                Secretary shall reallocate such remaining amounts among 
                the other States (meeting such matching amount) in 
                proportion to the amounts allocated under subparagraph 
                (A).
            (4) Use of funds.--Funds made available by a grant under 
        this subsection may be used for any one or more of the 
        following purposes:
                    (A) payment of 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 911 
                service information; and
                    (B) other emergency prevention, educational, or 
                pre-hospital emergency medical programs or expenditures 
                which will utilize or make effective the end-to-end 
                system envisioned by this Act.
    (b) Rural Assistance Grants to States.--
            (1) In general.--From the amounts available under section 
        9(d)(2), the Secretary shall make grants to States in 
        accordance with the requirements of this subsection to assist 
        in ensuring the achievement of the purpose of this Act in rural 
        areas of the United States.
            (2) State plans.--Any State seeking to obtain a grant under 
        this subsection shall submit to the Secretary a plan for the 
        administration of the grant. Such plan shall comply with the 
        requirements set forth in subsection (a)(2).
            (3) Amount of grants.--The amount of the grant under this 
        subsection shall be such amount as the Secretary deems 
        appropriate to assist in ensuring the achievement of the 
        purpose of this Act in rural areas of the State.
            (4) Use of funds.--Funds made available by a grant under 
        this subsection may be used for any of the purposes set forth 
        in subsection (a)(4).
    (c) Disbursement of Grant Funds.--
            (1) Direct or indirect disbursement permitted.--A State 
        that receives a grant under this section may--
                    (A) directly administer funds provided by a grant 
                under subsection (a) or (b) (or both); or
                    (B) administer such funds through governmental 
                entities of that State, political subdivisions of that 
                State or entities thereof, or eligible nongovernmental 
                entities, if--
                            (i) the system with which the entity or 
                        subdivision is associated uses the number 911 
                        as a universal emergency telephone number; or
                            (ii) a purpose of the disbursements is to 
                        enable such system to use the number 911 as a 
                        universal emergency telephone number.
                    (2) Eligible nongovernmental entities.--For 
                purposes of paragraph (1), an eligible nongovernmental 
                entity is an entity that provides pubic safety services 
                or administrative services on behalf of a State 
                government.
    (d) Dual Grants Permitted.--A State may, in any fiscal year, obtain 
a grant under either or both of subsections (a) and (b).

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

    (a) Program Authorized.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish a program to 
provide, from amounts appropriated from the WICAPS Fund under section 
9(b), 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 or other communications system in that 
        vehicle to transmit information about the crash to the 
        appropriate emergency personnel; and
            (2) an interface in motor vehicles that permits all models 
        of wireless telephones--
                    (A) to transmit crash data; and
                    (B) to be voice-activated, allowing hands-free use.
    (b) Consultation With Interested Parties.--The Secretary shall 
consult with representatives of the personal wireless services and 
equipment industry, the motor vehicle manufacturing industry, the 
public safety community, and the medical community in planning the 
research and development investments described in subsection (a).
    (c) Use of Funds.--
            (1) Authorized uses.--The investments for which subsection 
        (a)(1) provides shall include investments conducted by trauma 
        centers in coordination with other provides of emergency 
        medical services for the purpose of--
                    (A) establishing decision protocols for the use of 
                data obtained from such systems;
                    (B) training emergency personnel in the use of such 
                data;
                    (C) establishing standardized methods to assess the 
                added value of an end-to-end automatic crash 
                notification system and to identify the factors causing 
                changes in injury patterns of motor vehicle crashes; 
                and
                    (D) developing models for incorporating the use of 
                such data into emergency systems throughout the United 
                States.
            (2) Geographic distribution.--The 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.

    Section 704 of the Telecommunications Act of 1996 is amended by 
inserting after subsection (c) (47 U.S.C. 332 nt) the following new 
subsection:
    ``(d) Use of Federal Property To Provide Personal Wireless 
Services.--
            ``(1) 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.
            ``(2) Availability of federal property for personal 
        wireless services.--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 paragraph (5) 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 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--
                    ``(A) the mission of the department, agency, or 
                instrumentality; or
                    ``(B) the current use of the real property or the 
                use of the real property that was planned at the time 
                of the request.
            ``(3) Favorable decision.--Unless the department, agency, 
        officer, or instrumentality determines pursuant to paragraph 
        (2) that an unavoidable conflict exists (as described in such 
        paragraph), such department, agency, officer, or 
        instrumentality shall, within 90 days after the date of the 
        receipt of the request under paragraph (2), execute any 
        documents, such as a lease, that are necessary to implement the 
        request.
            ``(4) Unfavorable decision.--With regard to a request under 
        paragraph (2), a department, agency, officer, or 
        instrumentality shall not make a determination that an 
        unavoidable conflict exists (as described in such paragraph) 
        unless--
                    ``(A) an opportunity for an informal hearing is 
                afforded to interested persons commencing within 60 
                days, and concluding within 90 days, after receipt of 
                the request and prior to the making of the 
                determination;
                    ``(B) the determination is in writing, constitutes 
                a final agency action, and discloses the specific 
                grounds therefor.
            ``(5) Information required in request for access to and use 
        of federal property.--A request by a provider of personal 
        wireless services under paragraph (2) shall contain the 
        following information:
                    ``(A) The name, address and telephone number of the 
                provider and the provider's authorized or legal 
                representative for the request.
                    ``(B) 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.
                    ``(C) 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.
                    ``(D) a summary of antenna specifications, 
                including frequencies.
                    ``(E) The term of the requirement for use of the 
                real property.
                    ``(F) The terms of removal of the equipment and 
                structures or property restoration.
                    ``(G) A description of any project or larger 
                antenna program to which the site relates.
                    ``(H) A description of methods of achieving 
                compliance with any applicable environmental or 
                historic preservation statutes.
            ``(6) 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 paragraph (2) (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.
            ``(7) Regulatory compliance.--The department, agency, 
        officer or instrumentality receiving a request under paragraph 
        (2) shall conduct environmental processing of such request in 
        accordance with subpart I of part 1 of title 47 of the Code of 
        Federal Regulations, except that such rules shall be applied 
        consistent with the time periods established in this 
        subsection.
            ``(8) Avoidance of redundant regulations.--Bulletins issued 
        by the Administrator of General Services pursuant to subsection 
        (c) of this section shall continue to apply, to the extent 
        otherwise consistent with this subsection, to the 
        administration of this subsection until modified or superseded 
        by the Administrator as necessary for the purposes of this 
        subsection.
            ``(9) Notice and opportunity to comment.--
                    ``(A) Notice.--A provider of personal wireless 
                services making a request under paragraph (2) shall 
                provide written notice of such request to the chief 
                executives of the State and any local government in 
                which the Federal property covered by the request is 
                located. Such notice shall consist of the intended 
                location of the facilities, and the name, address, and 
                telephone number of the Federal official to whom the 
                request has been made.
                    ``(B) Opportunity to provide comments.--The 
                department, agency, officer, or instrumentality 
                receiving a request under paragraph (2) shall afford 
                the State and any local government described in 
                subparagraph (A) of this paragraph with a reasonable 
                opportunity, consistent with the time period 
                established in paragraph (2), to comment on the 
                request.
            ``(10) Definitions.--As used in this subsection:
                    ``(A) The term `instrumentality of the United 
                States' includes any independent establishment of the 
                United States.
                    ``(B) The term `personal wireless services' has the 
                meaning specified for that term in section 
                332(c)(7)(C)(i) of the Communications Act of 1934 (47 
                U.S.C. 332(c)(7)(C)(i).
                    ``(C) Facilities used in the provision of personal 
                wireless services are the antenna and supporting 
                equipment, including ground-based electronics connected 
                to such equipment, for the provision of such 
                service.''.

SEC. 8. 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. 9. 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 
Department of Transportation such sums as may be necessary to carry out 
the duties of the Secretary under this Act (other than the duties for 
which subsections (b) and (c) authorize appropriations), 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 
Research and Development Investments.--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 not to exceed 25 
percent of the amount appropriated for that fiscal year pursuant to 
subsection (c). The total amount that is authorized to be appropriated 
pursuant to this subsection for all such fiscal years shall not exceed 
$60,000,000.
    (c) Authorization of Appropriations From the WICAPS Fund for Making 
Grants.--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 after deduction of the amounts 
appropriated pursuant to subsections (a) and (b).
    (d) Allocation of Appropriations for Grants.--In any fiscal year--
            (1) \2/3\ of the funds appropriated pursuant to subsection 
        (c) shall be available for grants pursuant to section 5(a); and
            (2) \1/3\ of the funds so appropriated shall be available 
        for grants pursuant to section 5(b).
    (e) 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.
    (f) 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.
    (g) 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 704(d)(2) of the 
        Telecommunications Act of 1996 (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.
    (h) Radiofrequency Study.--
            (1) Findings.--The Congress finds that--
                    (A) there is a significant international body of 
                scientific knowledge on electromagnetic energy and 
                wireless telephones;
                    (B) the United States should add to this body of 
                knowledge through the conduct of appropriate research 
                that is coordinated with other international research 
                efforts; and
                    (C) representatives of the scientific community and 
                the industry can provide information and expertise that 
                would be valuable to the research authorized by this 
                subsection.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Food and Drug Administration for the 
        purpose of implementing this subsection in each of fiscal years 
        1999, 2000, 2001, 2002, and 2003, the lesser of--
                    (A) 5 percent of the amount appropriated for the 
                WICAPS Fund for that fiscal year pursuant to section 
                9(c); or
                    (B) $2,000,000.
            (3) Study.--
                    (A) In general.--Subject to the availability of 
                appropriations, the Food and Drug Administration shall 
                conduct a 2-year animal bioassay of radiofrequency 
                emissions from wireless telephones operating on 
                frequencies between 825 and 1900 megahertz, inclusive.
                    (B) Coordination.--To the maximum extent practical, 
                the study described in subparagraph (A) shall be 
                consistent with the global research needs on such 
                matters as set forth by the International 
                Electromagnetic Frequency Project of the World Health 
                Organization.
            (4) Advisory panel.--The Commissioner of the Food and Drug 
        Administration shall, after consultation with the Center for 
        Devices and Radiological Health and representatives of the 
        scientific community and the wireless industry, designate a 
        panel of scientific and industry experts to advise the Food and 
        Drug Administration, on an ongoing basis, on the preparation, 
        conduct, and evaluation of the study described in paragraph 
(3)(A). Such panel shall provide advice on--
                    (A) the scope of the investigation;
                    (B) the appropriate transmission modalities to be 
                studied;
                    (C) dosimetry techniques and measurements;
                    (D) other relevant scientific studies;
                    (E) engineering and properties of radio-frequency 
                transmissions from wireless telephones; and
                    (F) other matters relevant to such study.
            (5) Attendance at meetings.--Subject to the availability of 
        appropriations, the Food and Drug Administration may use funds 
        appropriated pursuant to the authorization of appropriations in 
        this subsection to provide for attendance by Food and Drug 
        Administration personnel at scientific symposia and other 
        meetings related to the subject matter of the study described 
        in paragraph (3)(A), including such meetings convened under the 
        auspices of the International Electromagnetic Frequency Project 
        of the World Health Organization, to ensure full participation 
        by the United States in the international research in such 
        matters.

SEC. 10. AUTHORITY TO PROVIDE LOCATION 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 
                paragraph:
            ``(4) to provide call location information concerning the 
        user of a commercial mobile service as such term is defined in 
        section 332(d)) to emergency dispatch providers and emergency 
        service personnel (including public safety, fire, police, and 
        emergency medical personnel) in order to respond to the user's 
        call for emergency services; and
            ``(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 (g) and 
        by inserting before such subsection the following new 
        subsection:
    ``(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, 
disclosure, or access to--
            ``(1) call location information concerning the user of a 
        commercial mobile service (as such term is defined in section 
        332(d)) to any person other than emergency dispatch providers 
        and emergency service personnel (including public safety, fire, 
        police, and emergency medical personnel); or
            ``(2) automatic crash notification information to any 
        person other than for use in the operation of an automatic 
        crash notification system.''; and
            (3) in subsection (g) (as redesignated by paragraph (2)), 
        by inserting ``location,'' after ``destination.''; and
            (4) by inserting the following new subsection after 
        subsection (d) and redesignating the subsequent subsection 
        accordingly:
    ``(e) Commercial Mobile Services.--Nothing in this section 
prohibits a provider of commercial mobile services from using, 
disclosing, or permitting access to individually identifiable customer 
proprietary network information derived from the provision of such 
services that is related to calling volume or the nature and type of 
the commercial mobile services purchased to market or provide customer 
premises equipment or information services necessary to or offered with 
commercial mobile services.''.

SEC. 11. DEFINITIONS.

    As used in this Act:
            (1) The term ``WICAPS Fund'' means the Wireless 
        Communications and Public Safety Fund established by section 4.
            (2) The term ``Secretary'' means the Secretary of 
        Transportation.
            (3) The term ``State'' means any of the several States, the 
        District of Columbia, or any territory or possession of the 
        United States.
            (4) The term ``instrumentality of the United States'' 
        includes any independent establishment of the United States.
            (5) The term ``personal wireless services'' has the meaning 
        specified for that term in section 332(c)(7)(C)(i) of the 
        Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i)).
            (6) The term ``public safety answering point'' or ``PSAP'' 
        means a facility that has been designated to receive 911 calls 
        and route them to emergency service personnel.
            (7) 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 911 service.
            (8) 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.
            (9) The term ``wireless 911 service'' means any 911 service 
        provided by a wireless carrier, including enhanced wireless 911 
        service.

SEC. 12. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to affect sections 253, 
332(a), or 332(c) of the Communications Act of 1934, as amended (47 
U.S.C. 253, 332(a), 332(c)).
                                 <all>