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






                                                 Union Calendar No. 187
108th CONGRESS
  1st Session
                                H. R. 2898

                          [Report No. 108-311]

  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

                            October 14, 2003

 Additional sponsors: Mr. Feeney, Mr. Davis of Tennessee, Mr. Hoeffel, 
 Mr. Deutsch, Mr. Greenwood, Mrs. Lowey, Mr. Ackerman, Mr. Weller, Mr. 
Peterson of Minnesota, Ms. McCarthy of Missouri, Mr. Rush, Mrs. Cubin, 
Mr. Waxman, Mr. Brown of Ohio, Mrs. Wilson of New Mexico, Mr. Davis of 
                Florida, Mr. Strickland, and Mr. Holden

                            October 14, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               25, 2003]

_______________________________________________________________________

                                 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.

    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 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 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 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) 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 at 
        the time of application, and each applicant that receives such 
        a grant shall certify to the Assistant Secretary 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 Secretary.
            ``(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 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.
    ``(e) Definitions.--As used in this section:
            ``(1) Office.--The term `Office' means the E-911 
        Implementation Coordination Office.
            ``(2) 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.
            ``(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 CFR 20.18), 
        as in effect on the date of enactment of this section, or as 
        subsequently revised by the Federal Communications Commission.
            ``(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 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.




                                                       Calendar No. 187

108th CONGRESS

  1st Session

                               H. R. 2898

                          [Report No. 108-311]

_______________________________________________________________________

                                 A BILL

    To improve homeland security, public safety, and citizen activa