[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2629 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2629

To amend the National Telecommunications and Information Administration 
Organization Act to modify the 9-1-1, E9-1-1, and Next Generation 9-1-1 
                    program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2011

Mr. Shimkus (for himself and Ms. Eshoo) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the National Telecommunications and Information Administration 
Organization Act to modify the 9-1-1, E9-1-1, and Next Generation 9-1-1 
                    program, 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 ``Next Generation 9-1-1 Advancement 
Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) for the sake of the public safety of our Nation, a 
        universal emergency service 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 wherever 
        they live, work, and travel;
            (2) a successful migration to Next Generation 9-1-1 service 
        communications systems 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, 
        enhanced 9-1-1 services, or Next Generation 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 increasingly communicate 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 effective 9-1-1 
        systems;
            (7) Federal policies and funding should enable the 
        transition to Internet Protocol-based (IP-based) Next 
        Generation 9-1-1 systems 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 service 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 voice-centric 9-1-1 systems 
        to IP-enabled, Next Generation 9-1-1 emergency response systems 
        that use voice, data, and video services to 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 that 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. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) 9-1-1 services, e9-1-1 services, next generation 9-1-1 
        services.--The terms ``9-1-1 services, E9-1-1 services, and 
        Next Generation 9-1-1 services'' shall have the meaning given 
        those terms in section 158 of the National Telecommunications 
        and Information Administration Organization Act (47 U.S.C. 
        942), as amended by this Act.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Multi-line telephone system.--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 
        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.
            (4) Office.--The term ``Office'' means the 9-1-1 
        Implementation Coordination Office established under section 
        158 of the National Telecommunications and Information 
        Administration Organization Act (47 U.S.C. 942), as amended by 
        this Act.
            (5) 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 (47 U.S.C. 222).

SEC. 5. 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 9-1-1, E9-1-1 AND NEXT GENERATION 9-1-1 
              IMPLEMENTATION.

    ``(a) 9-1-1 Implementation Coordination Office.--
            ``(1) Establishment and continuation.--The Assistant 
        Secretary and the Administrator of the National Highway Traffic 
        Safety Administration 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 9-1-1 services; and
                    ``(B) establish a 9-1-1 Implementation Coordination 
                Office to implement the provisions of this section.
            ``(2) Management plan.--
                    ``(A) Development.--The Assistant Secretary and the 
                Administrator shall develop a management plan for the 
                grant program established under this section, including 
                by developing--
                            ``(i) plans related to the organizational 
                        structure of such program; and
                            ``(ii) funding profiles for each fiscal 
                        year of the 5-year duration of such program.
                    ``(B) Submission to congress.--Not later than 90 
                days after the date of enactment of the Next Generation 
                9-1-1 Advancement Act of 2011, the Assistant Secretary 
                and the Administrator shall submit the management plan 
                developed under subparagraph (A) to--
                            ``(i) the Committees on Commerce, Science, 
                        and Transportation and Appropriations of the 
                        Senate; and
                            ``(ii) the Committees on Energy and 
                        Commerce and Appropriations of the House of 
                        Representatives.
            ``(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 coordination and communication with respect 
                to the implementation of 9-1-1 services, E9-1-1 
                services, and Next Generation 9-1-1 services;
                    ``(B) develop, collect, and disseminate information 
                concerning practices, procedures, and technology used 
                in the implementation of 9-1-1 services, E9-1-1 
                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 and the 
        Administrator 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 9-1-1 services, E9-1-1 services, and 
        Next Generation 9-1-1 services.
    ``(b) 9-1-1, E9-1-1 and Next Generation 9-1-1 Implementation 
Grants.--
            ``(1) Matching grants.--The Assistant Secretary and the 
        Administrator, acting through the Office, shall provide grants 
        to eligible entities for--
                    ``(A) the implementation and operation of 9-1-1 
                services, E9-1-1 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 public safety personnel, including 
                call-takers, first responders, and other individuals 
                and organizations who are part of the emergency 
                response chain in 9-1-1 services.
            ``(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 and the Administrator.
            ``(3) Coordination required.--In providing grants under 
        paragraph (1), the Assistant Secretary and the Administrator 
        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 9-1-1 services, E9-1-1 
                        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 9-1-1 
                        services, E9-1-1 services, and Next Generation 
                        9-1-1 services; and
                            ``(iv) has integrated telecommunications 
                        services involved in the implementation and 
                        delivery of 9-1-1 services, E9-1-1 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.--Not later than 120 days after the date of 
        enactment of the Next Generation 9-1-1 Advancement Act of 2011, 
        the Assistant Secretary and the Administrator 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 and the Administrator 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 9-1-1 services, E9-1-1 
        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 and 
        the Administrator at the time of application, and each 
        applicant that receives such a grant shall certify to the 
        Assistant Secretary and the Administrator 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, eliminates such charges, or re-
        designates such charges for purposes other than the 
        implementation or operation of 9-1-1 services, E9-1-1 services, 
        or Next Generation 9-1-1 services, 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 Secretary of Commerce, for the purposes of 
        carrying out grants under this section, not more than 
        $250,000,000 total for the fiscal years 2012 through 2017. Of 
        the amounts made available to the Secretary of Commerce under 
        this paragraph in a fiscal year not more than 5 percent of such 
        amounts may be obligated or expended to cover the 
        administrative costs of carrying out this section.
            ``(2) Termination.--Effective on October 1, 2017, the 
        authority provided by this section terminates and this section 
        shall have no effect.
    ``(e) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) 9-1-1 services.--The term `9-1-1 services' includes 
        both E9-1-1 services and Next Generation 9-1-1 services.
            ``(2) E9-1-1 services.--The term `E9-1-1 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 C.F.R. 
        20.18), as in effect on the date of enactment of the Next 
        Generation 9-1-1 Advancement Act of 2011, 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.--The term `eligible 
                entity' includes public authorities, boards, 
                commissions, and similar bodies created by 1 or more 
                eligible entities described in subparagraph (A) to 
                provide 9-1-1 service, E9-1-1 services, or Next 
                Generation 9-1-1 services.
                    ``(C) Exception.--The term `eligible entity' 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 with a public safety answering 
        point or other emergency management or response agency, 
        including--
                    ``(A) through voice, text, or video and related 
                data; and
                    ``(B) 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 (47 U.S.C. 222).
            ``(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. 6. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Administrator of General Services, in 
conjunction with the Office, 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.--Not later than 90 days after the date of 
        enactment of this Act, the Commission shall issue a public 
        notice seeking comment on the feasibility of requiring MLTS 
        manufacturers to include within all such systems manufactured 
        or sold after a date certain, to be determined by the 
        Commission, one or more mechanisms 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 E9-1-1 for Multi-Line Telephone Systems'' (NENA 06-
        750, Version 2).

SEC. 7. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 SERVICE CHARGES.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Comptroller General of the United States 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.--Not later than 18 months after initiating the study 
required by subsection (a), the Comptroller General shall prepare and 
submit 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.

SEC. 8. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT GENERATION 9-
              1-1 SERVICE.

    (a) Immunity.--A provider or user of Next Generation 9-1-1 
services, a public safety answering point, and the officers, directors, 
employees, vendors, agents, and authorizing government entity (if any) 
of such provider, user, or public safety answering point, shall have 
immunity and protection from liability under Federal and State law to 
the extent provided in subsection (b) with respect to--
            (1) the release of subscriber information related to 
        emergency calls or emergency services;
            (2) the use or provision of 9-1-1 services, E9-1-1 
        services, or Next Generation 9-1-1 services; and
            (3) other matters related to 9-1-1 services, E9-1-1 
        services, or Next Generation 9-1-1 services.
    (b) Scope of Immunity and Protection From Liability.--The scope and 
extent of the immunity and protection from liability afforded under 
subsection (a) shall be the same as that provided under section 4 of 
the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 
615a) to wireless carriers, public safety answering points, and users 
of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6), 
respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect 
to such release, use, and other matters.

SEC. 9. COMMISSION PROCEEDING ON AUTODIALING.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Commission shall initiate a proceeding to create a 
specialized Do-Not-Call registry for public safety answering points.
    (b) Features of the Registry.--The Commission shall issue 
regulations, after providing the public with notice and an opportunity 
to comment, that--
            (1) permit verified public safety answering point 
        administrators or managers to register the telephone numbers of 
        all 9-1-1 trunks and other lines used for the provision of 
        emergency services to the public or for communications between 
        public safety agencies;
            (2) provide a process for verifying, no less frequently 
        than once every 7 years, that registered numbers should 
        continue to appear upon the registry;
            (3) provide a process for granting and tracking access to 
        the registry by the operators of automatic dialing equipment;
            (4) protect the list of registered numbers from disclosure 
        or dissemination by parties granted access to the registry; and
            (5) prohibit the use of automatic dialing or ``robocall'' 
        equipment to establish contact with registered numbers.
    (c) Enforcement.--The Commission shall--
            (1) establish monetary penalties for violations of the 
        protective regulations established pursuant to subsection 
        (b)(4) of not less than $100,000 per incident nor more than 
        $1,000,000 per incident;
            (2) establish monetary penalties for violations of the 
        prohibition on automatically dialing registered numbers 
        established pursuant to subsection (b)(5) of not less than 
        $10,000 per call nor more than $100,000 per call; and
            (3) provide for the imposition of fines under paragraphs 
        (1) or (2) that vary depending upon whether the conduct leading 
        to the violation was negligent, grossly negligent, reckless, or 
        willful, and depending on whether the violation was a first or 
        subsequent offence.

SEC. 10. NHTSA REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF 
              NEXT GENERATION 9-1-1 SERVICES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator of the National Highway Traffic Safety 
Administration, in consultation with the Commission, the Secretary of 
Homeland Security, and the Office, shall prepare and submit a report to 
Congress that analyzes and determines detailed costs for specific Next 
Generation 9-1-1 service requirements and specifications.
    (b) Purpose of Report.--The purpose of the report required under 
subsection (a) is to serve as a resource for Congress as it considers 
creating a coordinated, long-term funding mechanism for the deployment 
and operation, accessibility, application development, equipment 
procurement, and training of personnel for Next Generation 9-1-1 
services.
    (c) Required Inclusions.--The report required under subsection (a) 
shall include the following:
            (1) How costs would be broken out geographically and/or 
        allocated among public safety answering points, broadband 
        service providers, and third-party providers of Next Generation 
        9-1-1 services.
            (2) An assessment of the current state of Next Generation 
        9-1-1 service readiness among public safety answering points.
            (3) How differences in public safety answering points' 
        access to broadband across the country may affect costs.
            (4) A technical analysis and cost study of different 
        delivery platforms, such as wireline, wireless, and satellite.
            (5) An assessment of the architectural characteristics, 
        feasibility, and limitations of Next Generation 9-1-1 service 
        delivery.
            (6) An analysis of the needs for Next Generation 9-1-1 
        service of persons with disabilities.
            (7) Standards and protocols for Next Generation 9-1-1 
        service and for incorporating Voice over Internet Protocol and 
        ``Real-Time Text'' standards.

SEC. 11. FCC RECOMMENDATIONS FOR LEGAL AND STATUTORY FRAMEWORK FOR NEXT 
              GENERATION 9-1-1 SERVICES.

    Not later than 1 year after the date of enactment of this Act, the 
Commission, in coordination with the Secretary of Homeland Security, 
the Administrator of the National Highway Traffic Safety 
Administration, and the Office, shall prepare and submit a report to 
Congress that contains recommendations for the legal and statutory 
framework for Next Generation 9-1-1 services, consistent with 
recommendations in the National Broadband Plan developed by the 
Commission pursuant to the American Recovery and Reinvestment Act of 
2009, including the following:
            (1) A legal and regulatory framework for the development of 
        Next Generation 9-1-1 services and the transition from legacy 
        9-1-1 to Next Generation 9-1-1 networks.
            (2) Legal mechanisms to ensure efficient and accurate 
        transmission of 9-1-1 caller information to emergency response 
        agencies.
            (3) Recommendations for removing jurisdictional barriers 
        and inconsistent legacy regulations including--
                    (A) proposals that would require States to remove 
                regulatory roadblocks to Next Generation 9-1-1 services 
                development, while recognizing existing State authority 
                over 9-1-1 services;
                    (B) eliminating outdated 9-1-1 regulations at the 
                Federal level; and
                    (C) preempting inconsistent State regulations.
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