[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2898 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2898

  To improve homeland security, public safety, and citizen activated 
    emergency response capabilities through the use of enhanced 911 
               wireless services, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

    Mr. Shimkus (for himself, Ms. Eshoo, Mr. Upton, Mr. Markey, Mr. 
 Dingell, Mr. Terry, Mr. Towns, Mr. Pickering, Mr. Gillmor, Mrs. Bono, 
   Mr. Whitfield, Ms. Slaughter, Mr. Green of Texas, Mr. McHugh, Mr. 
 Hastings of Florida, Mr. Kind, Mr. Frank of Massachusetts, Mr. Wynn, 
Mr. Grijalva, Mr. Frost, Mr. Ruppersberger, Mr. Gordon, Mr. Engel, Mr. 
  Peterson of Pennsylvania, and Mr. Stupak) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  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 .

    (a) In General.--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 shall 
        establish an E-911 Implementation Coordination Office 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.
            ``(2) 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.
            ``(3) Reports.--The Assistant Secretary shall provide an 
        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, after 
        consultation with the Secretary of Homeland Security 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 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)(2) 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;
                            ``(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 a 
                local government, 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 shall 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) Authorization; Termination.--
            ``(1) Authorization.--There are authorized to be 
        appropriated to the Department of Commerce not more than 
        $100,000,000 for each of the fiscal years 2004 through 2008 for 
        grants under this section.
            ``(2) Termination.--The provisions of this section shall 
        cease to be effective on October 1, 2008.
    ``(d) Definitions.--As used in this section:
            ``(1) Office.--The term `Office' means the E-911 
        Implementation Coordination Office.
            ``(2) Eligible entity.--The term `eligible entity' means 
        State and local governments and tribal organizations (as 
        defined in section 4(l) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(l))), except that such 
        term does not include any such State that has failed, or any 
        local government from a State that has failed, to submit the 
        most recently required annual certification under section 715 
        of the Communications Act of 1934 within 30 days after the date 
        on which such certification is due.
            ``(3) 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 C.F.R. 
        20.18), as in effect on the date of enactment of this section.
            ``(4) 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 C.F.R. 20.18), as in effect 
        on such date.''.

SEC. 3. STATE 911 FUNDING PRACTICES.

    (a) Certification.--Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is amended by adding at the end the following:

``SEC. 715. DIVERSION OF 911 FUNDS.

    ``(a) In General.--
            ``(1) Assessment and audit.--The Commission shall review 
        twice each year--
                    ``(A) the imposition of taxes, fees, or other 
                charges imposed by States that--
                            ``(i) appear on telecommunications services 
                        customers' bills; and
                            ``(ii) are designated or presented as 
                        dedicated to deliver or improve E-911 services; 
                        and
                    ``(B) the use of revenues derived from such taxes, 
                fees, or charges.
            ``(2) Certification.--Each State shall certify annually to 
        the Commission that no portion of the revenues derived from 
        such taxes, fees, or charges have been obligated or expended 
        for any purpose other than the purposes for which such taxes, 
        fees, or charges are designated or presented.
    ``(b) Notification of Congress and the Public.--If the Commission 
fails to receive any certification described in subsection (a)(2), 
then, within 30 days after the date on which such certification was 
due, the Commission shall cause to be published in the Federal 
Register, and notify the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce 
of the House of Representatives--
            ``(1) the identity of each State that failed to make the 
        certification; and
            ``(2) the amount of taxes, fees, or other charges described 
        in subsection (a)(1)(A) imposed by that State that were 
        expended for any purpose other than the purposes for which such 
        taxes, fees, or charges were designated or presented. ''.

SEC. 4. REGULATION REVISION REQUIRED.

    Within 90 days after the date of enactment of this Act, the Federal 
Communications Commission shall revise section 20.18(j) of its 
regulations (47 C.F.R. 20.18(j)) to provide that a public safety 
answering point in any State shall not be considered to have a 
mechanism in place for recovering the public safety answering point's 
cost of phase II enhanced 911 service for purposes of such section 
during any period that such State continues, after the 30th day after 
the date on which the certification was due, to fail to make the 
certification required by section 715(a)(2) of the Communications Act 
of 1934.

SEC. 5. FCC REVIEW OF ACCURACY REQUIREMENTS IN RURAL AREAS.

    Within 180 days after the date of enactment of this Act, the 
Federal Communications Commission shall complete a proceeding to review 
the accuracy requirements established under section 20.18(h) of its 
regulations (47 C.F.R. 20.18(h) to determine whether alterations in 
such requirements are necessary to address the technological 
complexities related to compliance with such accuracy requirements in 
rural areas.
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