[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3115 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3115

To amend the National Telecommunications and Information Administration 
Organization Act to enhance and promote the Nation's public safety and 
citizen activated emergency response capabilities through the use of 9-
    1-1 services, to further upgrade public safety answering point 
  capabilities and related functions in receiving 9-1-1 calls, and to 
support in the construction and operation of a ubiquitous and reliable 
                       citizen activated system.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2010

Ms. Klobuchar (for herself and Mr. Burr) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the National Telecommunications and Information Administration 
Organization Act to enhance and promote the Nation's public safety and 
citizen activated emergency response capabilities through the use of 9-
    1-1 services, to further upgrade public safety answering point 
  capabilities and related functions in receiving 9-1-1 calls, and to 
support in the construction and operation of a ubiquitous and reliable 
                       citizen activated system.

    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 ``Next Generation 9-1-1 Preservation 
Act of 2010''.

SEC. 2. FINDINGS.

     The Congress finds that--
            (1) for the sake of our Nation's public safety, a universal 
        emergency telephone number (9-1-1) that is enhanced with the 
        most modern and state-of-the-art telecommunications 
        capabilities possible, including voice, data, and video 
        communications, should be available to all citizens where they 
        live, work, and travel;
            (2) a successful migration to the Next Generation 9-1-1 
        communications system will require greater Federal, State, and 
        local government resources and coordination;
            (3) any funds that are collected from fees imposed on 
        consumer bills for the purposes of funding 9-1-1 services or 
        enhanced 9-1-1 services should only be used for the purposes 
        for which the funds are collected;
            (4) it is a national priority to foster the migration from 
        analog, voice-centric 9-1-1 and current generation emergency 
        communications systems to a 21st century, Next Generation, IP-
        based emergency services model that embraces a wide range of 
        voice, video, and data applications;
            (5) ensuring 9-1-1 access for all citizens includes 
        improving access to 9-1-1 systems for the deaf, hard of 
        hearing, deaf-blind, and individuals with speech disabilities, 
        who are increasingly communicating with non-traditional text, 
        video, and instant messaging communications services and who 
        expect those services to be able to connect directly to 9-1-1 
        systems;
            (6) a coordinated public educational effort on current and 
        emerging 9-1-1 system capabilities and proper use of the 9-1-1 
        system is essential to the operation of an effective 9-1-1 
        system;
            (7) Federal policies and funding should enable the 
        transition to an Internet Protocol-based (IP-based) Next 
        Generation 9-1-1 system and Federal 9-1-1 and emergency 
        communications laws and regulations must keep pace with rapidly 
        changing technology to ensure an open and competitive 9-1-1 
        environment based on the most advanced technology available; 
        and
            (8) Federal policies and grant programs should reflect the 
        growing convergence and integration of emergency communications 
        technology, such that State interoperability plans and Federal 
        funding in support of such plans is made available for all 
        aspects of Next Generation 9-1-1 and emergency communications 
        systems.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to focus Federal policies and funding programs to 
        ensure a successful migration from a voice-centric 9-1-1 system 
        to an IP-enabled, Next Generation 9-1-1 emergency response 
        system that uses voice, data, and video services that greatly 
        enhance the capability of 9-1-1 and emergency response 
        services;
            (2) to ensure that technologically advanced 9-1-1 and 
        emergency communications systems are universally available and 
        adequately funded to serve all Americans; and
            (3) to ensure all 9-1-1 and emergency response 
        organizations have access to--
                    (A) high-speed broadband networks;
                    (B) interconnected IP backbones; and
                    (C) innovative services and applications.

SEC. 4. COORDINATION OF 9-1-1 IMPLEMENTATION.

    Section 158 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942) is amended to read as 
follows:

``SEC. 158. COORDINATION OF E-911 AND NEXT GENERATION 9-1-1 
              IMPLEMENTATION.

    ``(a) 9-1-1 Implementation Coordination Office.--
            ``(1) Establishment and continuation.--The Assistant 
        Secretary shall--
                    ``(A) establish and further a program to facilitate 
                coordination and communication between Federal, State, 
                and local emergency communications systems, emergency 
                personnel, public safety organizations, 
                telecommunications carriers, and telecommunications 
                equipment manufacturers and vendors involved in the 
                implementation of all 9-1-1 services; and
                    ``(B) create an improved 9-1-1 Implementation 
                Coordination Office to implement the provisions of this 
                section.
            ``(2) Management plan.--The Assistant Secretary shall 
        develop a management plan for the program established under 
        this section. Such plan shall include the organizational 
        structure and funding profiles for the 5-year duration of the 
        program. The Assistant Secretary shall, within 90 days after 
        the date of enactment of the Next Generation 9-1-1 Preservation 
        Act of 2010, submit the management plan to the Committees on 
        Energy and Commerce and Appropriations of the House of 
        Representatives and the Committees on Commerce, Science, and 
        Transportation and Appropriations of the Senate.
            ``(3) Purpose of office.--The Office shall--
                    ``(A) take actions, in concert with coordinators 
                designated in accordance with subsection (b)(3)(A)(ii), 
                to improve such coordination and communication;
                    ``(B) develop, collect, and disseminate information 
                concerning practices, procedures, and technology used 
                in the implementation of E-911 services and Next 
                Generation 9-1-1 services;
                    ``(C) advise and assist eligible entities in the 
                preparation of implementation plans required under 
                subsection (b)(3)(A)(iii);
                    ``(D) receive, review, and recommend the approval 
                or disapproval of applications for grants under 
                subsection (b); and
                    ``(E) oversee the use of funds provided by such 
                grants in fulfilling such implementation plans.
            ``(4) Reports.--The Assistant Secretary 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 and Next Generation 9-1-1 services.
    ``(b) E-911 and Next Generation 9-1-1 Implementation Grants.--
            ``(1) Matching grants.--The Assistant Secretary, after 
        consultation with the Chairman of the Commission, and acting 
        through the Office, shall provide grants to eligible entities 
        for--
                    ``(A) the implementation and operation of E-911 
                services, migration to an IP-enabled emergency network, 
                and adoption and operation of Next Generation 9-1-1 
                services and applications;
                    ``(B) the implementation of IP-enabled emergency 
                services and applications enabled by Next Generation 9-
                1-1 services, including the establishment of IP 
                backbone networks and the application layer software 
                infrastructure needed to interconnect the multitude of 
                emergency response organizations; and
                    ``(C) training in 9-1-1 services of public safety 
                personnel, including call-takers, first responders, and 
                other individuals and organizations who are part of the 
                emergency response chain.
            ``(2) Matching requirement.--The Federal share of the cost 
        of a project eligible for a grant under this section shall not 
        exceed 80 percent. The non-Federal share of the cost shall be 
        provided from non-Federal sources unless waived by the 
        Assistant Secretary.
            ``(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 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 9-1-1 
                        services, except that such designation need not 
                        vest such coordinator with direct legal 
                        authority to implement E-911 services or Next 
                        Generation 9-1-1 services or to manage 
                        emergency communications operations;
                            ``(iii) has established a plan for the 
                        coordination and implementation of E-911 
                        services and Next Generation 9-1-1 services; 
                        and
                            ``(iv) has integrated telecommunications 
                        services involved in the implementation and 
                        delivery of E-911 services and Next Generation 
                        9-1-1 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.--Within 120 days after the date of 
        enactment of the Next Generation 9-1-1 Preservation Act of 
        2010, the Assistant Secretary shall issue regulations, after 
        providing the public with notice and an opportunity to comment, 
        prescribing the criteria for selection for grants under this 
        section. The criteria shall include performance requirements 
        and a timeline for completion of any project to be financed by 
        a grant under this section. The Assistant Secretary shall 
        update such regulations as necessary.
    ``(c) Diversion of 9-1-1 Charges.--
            ``(1) Designated 9-1-1 charges.--For the purposes of this 
        subsection, the term `designated 9-1-1 charges' means any 
        taxes, fees, or other charges imposed by a State or other 
        taxing jurisdiction that are designated or presented as 
        dedicated to deliver or improve E-911 services or Next 
        Generation 9-1-1 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 9-1-1 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 
        during the period beginning 180 days immediately preceding the 
        date of the application and continuing through the period of 
        time during which the funds from the grant are available to the 
        applicant.
            ``(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 9-1-1 charges for 
        any purpose other than the purposes for which such charges are 
        designated or presented, all of the funds from such grant shall 
        be returned to the Office.
            ``(4) Penalty for providing false information.--Any 
        applicant that provides a certification under paragraph (1) 
        knowing that the information provided in the certification was 
        false shall--
                    ``(A) not be eligible to receive the grant under 
                subsection (b);
                    ``(B) return any grant awarded under subsection (b) 
                during the time that the certification was not valid; 
                and
                    ``(C) not be eligible to receive any subsequent 
                grants under subsection (b).
    ``(d) Authorization and Termination.--
            ``(1) Authorization.--There are authorized to be 
        appropriated to the Department of Commerce, for the purposes of 
        grants under the program operated under this section, not more 
        than $250,000,000 for each of the fiscal years 2010 through 
        2015, not more than 5 percent of which for any fiscal year may 
        be obligated or expended for administrative costs.
            ``(2) Termination.--The provisions of this section shall 
        cease to be effective on October 1, 2014.
    ``(e) Definitions.--As used in this Act--
            ``(1) 9-1-1 services.--The term 9-1-1 services includes 
        both E-911 services and Next Generation 9-1-1 services.
            ``(2) E-911 services.--The term `E-911 services' means both 
        phase I and phase II enhanced 9-1-1 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 the Next Generation 9-
        1-1 Preservation Act of 2010, or as subsequently revised by the 
        Commission.
            ``(3) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' means 
                a State or local government or a tribal organization 
                (as defined in section 4(l) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450b(l))).
                    ``(B) Instrumentalities.--Such term includes public 
                authorities, boards, commissions, and similar bodies 
                created by one or more eligible entities described in 
                subparagraph (A) to provide E-911 services or Next 
                Generation 9-1-1 services.
                    ``(C) Exception.--Such term does not include any 
                entity that has failed to submit the most recently 
                required certification under subsection (c) within 30 
                days after the date on which such certification is due.
            ``(4) Emergency call.--The term `emergency call' refers to 
        any real-time communication to a public safety answering point 
        or other emergency management or response agency, including 
        through voice, text, or video and related data and including 
        nonhuman-initiated automatic event alerts, such as alarms, 
        telematics, or sensor data, which may also include real-time 
        voice, text, or video communications.
            ``(5) Next generation 9-1-1 services.--The term `Next 
        Generation 9-1-1 services' means an IP-based system comprised 
        of hardware, software, data, and operational policies and 
        procedures that--
                    ``(A) provides standardized interfaces from 
                emergency call and message services to support 
                emergency communications;
                    ``(B) processes all types of emergency calls, 
                including voice, data, and multimedia information;
                    ``(C) acquires and integrates additional emergency 
                call data useful to call routing and handling;
                    ``(D) delivers the emergency calls, messages, and 
                data to the appropriate public safety answering point 
                and other appropriate emergency entities;
                    ``(E) supports data or video communications needs 
                for coordinated incident response and management; or
                    ``(F) provides broadband service to public safety 
                answering points or other first responder entities.
            ``(6) Office.--The term `Office' means the 9-1-1 
        Implementation Coordination Office.
            ``(7) Public safety answering point.--The term `public 
        safety answering point' has the meaning given the term in 
        section 222 of the Communications Act of 1934.
            ``(8) State.--The term `State' means any State of the 
        United States, the District of Columbia, Puerto Rico, American 
        Samoa, Guam, the United States Virgin Islands, the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States.''.

SEC. 5. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.

    (a) In General.--Within 270 days after the date of enactment of 
this Act, the Administrator of General Services, in conjunction with 
the 9-1-1 Implementation Coordination Office established under section 
158 of the National Telecommunications and Information Administration 
Organization Act, shall issue a report to Congress identifying the 9-1-
1 capabilities of the multi-line telephone system in use by all Federal 
agencies in all Federal buildings and properties.
    (b) Commission Action.--
            (1) In general.--Within 90 days after the date of enactment 
        of this Act, the Federal Communications Commission shall issue 
        a public notice seeking comment on the feasibility of requiring 
        MLTS operators to provide a sufficiently precise indication of 
        a 9-1-1 caller's location, while avoiding the imposition of 
        undue burdens on MLTS manufacturers, providers, and operators.
            (2) Specific requirement.--The public notice under 
        paragraph (1) shall seek comment on the National Emergency 
        Number Association's ``Technical Requirements Document On Model 
        Legislation E-911 for Multi-Line Telephone Systems'' (NENA 06-
        750, Version 2).
    (c) Definition.--The term ``multi-line telephone system'' or 
``MLTS'' means a system comprised of common control units, telephone 
sets, control hardware and software and adjunct systems, including 
network and premises based systems, such as Centrex and VoIP, as well 
as PBX, Hybrid, and Key Telephone Systems (as classified by the Federal 
Communications Commission under part 68 of title 47, Code of Federal 
Regulations) and includes systems owned or leased by governmental 
agencies and non-profit entities, as well as for profit businesses.

SEC. 6. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 SERVICE CHARGES.

    (a) In General.--Within 60 days after the date of enactment of this 
Act, the Comptroller General shall initiate a study of--
            (1) the imposition of taxes, fees, or other charges imposed 
        by States or political subdivisions of States that are 
        designated or presented as dedicated to improve emergency 
        communications services, including 9-1-1 services or enhanced 
        9-1-1 services, or related to emergency communications services 
        operations or improvements; and
            (2) the use of revenues derived from such taxes, fees, or 
        charges.
    (b) Report.--Within 18 months after initiating the study required 
by subsection (a), the Comptroller General shall transmit a report on 
the results of the study to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and Commerce 
of the House of Representatives setting forth the findings, 
conclusions, and recommendations, if any, of the study, including--
            (1) the identity of each State or political subdivision 
        that imposes such taxes, fees, or other charges; and
            (2) the amount of revenues obligated or expended by that 
        State or political subdivision for any purpose other than the 
        purposes for which such taxes, fees, or charges were designated 
        or presented.
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