[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1479 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1479
To further deployment of Next Generation 9-1-1 to enhance and upgrade
the 9-1-1 systems of the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2019
Ms. Klobuchar (for herself and Ms. Cortez Masto) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To further deployment of Next Generation 9-1-1 to enhance and upgrade
the 9-1-1 systems of the United States, 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 Act of 2019''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The 9-1-1 systems of the United States, while a model
for the entire world, lack the advanced functionality,
interoperability, and capabilities that come with the adoption
of new digital communications technologies.
(2) Communications technologies currently available to the
public, including first responders and other public safety
personnel, have substantially outpaced the legacy
communications technologies still used by most emergency
communications centers in the 9-1-1 systems of the United
States.
(3) This lack of modern technology, when coupled with other
challenges, is impacting the ability of the 9-1-1 systems of
the United States to efficiently and effectively provide
responses to emergencies.
(4) Modernizing the 9-1-1 systems of the United States to
incorporate the new and evolving capabilities of broadband
voice and data communications is essential for the safety and
security of the public, including first responders and other
public safety personnel.
(5) Efforts to modernize the 9-1-1 systems of the United
States to date, while laudable and important, have been limited
due to a lack of funding and inconsistent or unclear policies
related to the governance, deployment, and operations of Next
Generation 9-1-1.
(6) A nationwide strategy for Next Generation 9-1-1 has
become essential to help guide the transition and create a
common framework for implementation of Next Generation 9-1-1
while preserving State, regional, and local control over the
governance and technology choices of the 9-1-1 systems of the
United States.
(7) Accelerated implementation of Next Generation 9-1-1
will--
(A) increase compatibility with emerging
communications trends;
(B) enhance the flexibility, reliability, and
survivability of the 9-1-1 systems of the United States
during major incidents;
(C) improve emergency response for the public,
including first responders and other public safety
personnel;
(D) promote the interoperability of the 9-1-1
systems of the United States with emergency response
providers including users of the nationwide public
safety broadband network being deployed by the First
Responder Network Authority; and
(E) increase the cost effectiveness of operating
the 9-1-1 systems of the United States.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the 9-1-1 professionals in the United States perform
important and lifesaving work every day, and need the tools and
communications technologies to perform the work effectively in
a world with digital communications technologies;
(2) the transition from the legacy communications
technologies used in the 9-1-1 systems of the United States to
Next Generation 9-1-1 is a national priority and a national
imperative;
(3) the United States should complete the transition
described in paragraph (2) as soon as practicable;
(4) the United States should develop a nationwide framework
that facilitates cooperation among Federal, State, and local
officials on deployment of Next Generation 9-1-1 in order to
meet that goal;
(5) the term ``Public Safety Answering Point'' becomes
outdated in a broadband environment and 9-1-1 centers are
increasingly and appropriately being referred to as emergency
communications centers; and
(6) 9-1-1 authorities and emergency communications centers
should have sufficient resources to implement Next Generation
9-1-1, including resources to support associated geographic
information systems (commonly known as ``GIS''), and
cybersecurity measures.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) Next Generation 9-1-1 should be technologically and
competitively neutral;
(2) Next Generation 9-1-1 should be interoperable;
(3) the governance and control of the 9-1-1 systems of the
United States, including Next Generation 9-1-1, should remain
at the State, regional, and local level; and
(4) individuals in the United States should receive
information on how to best utilize Next Generation 9-1-1 and on
its capabilities and usefulness.
SEC. 5. COORDINATION OF NEXT GENERATION 9-1-1 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. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
``(a) Additional Functions of 9-1-1 Implementation Coordination
Office.--
``(1) Authority.--The Office shall implement the provisions
of this section.
``(2) Management plan.--
``(A) Development.--The Assistant Secretary and the
Administrator shall develop and may modify 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 duration of such program.
``(B) Submission to congress.--Not later than 90
days after the date of the enactment of this section or
90 days after the date on which the plan is modified,
as applicable, 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 Next Generation 9-1-1;
``(B) develop, collect, and disseminate information
concerning practices, procedures, and technology used
in the implementation of Next Generation 9-1-1;
``(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 Next Generation 9-1-1.
``(b) 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 of Next Generation 9-1-1;
``(B) establishing and maintaining Next Generation
9-1-1;
``(C) training directly related to Next Generation
9-1-1;
``(D) public outreach and education on how best to
use Next Generation 9-1-1 and on its capabilities and
usefulness; and
``(E) administrative costs associated with planning
and implementation of Next Generation 9-1-1, including
costs related to planning for and preparing an
application and related materials as required by this
section, if--
``(i) such costs are fully documented in
materials submitted to the Office; and
``(ii) such costs are reasonable and
necessary and do not exceed 5 percent of the
total grant award.
``(2) Matching requirement.--The Federal share of the cost
of a project eligible for a grant under this section shall not
exceed 80 percent.
``(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, the entity--
``(i) has coordinated the application with
the emergency communications centers located
within the jurisdiction of such entity;
``(ii) has designated a single officer or
governmental body to serve as the State point
of contact to coordinate the implementation of
Next Generation 9-1-1 for that State, except
that such designation need not vest such
coordinator with direct legal authority to
implement Next Generation 9-1-1 or to manage
emergency communications operations; and
``(iii) has developed and submitted a State
plan for the coordination and implementation of
Next Generation 9-1-1 that--
``(I) ensures interoperability by
requiring the use of commonly accepted
standards;
``(II) enables emergency
communications centers to process,
analyze, and store multimedia, data,
and other information;
``(III) incorporates the use of
effective cybersecurity resources;
``(IV) uses open and competitive
request for proposal processes, or the
applicable State equivalent, for
deployment of Next Generation 9-1-1;
``(V) includes input from relevant
emergency communications centers,
regional authorities, local
authorities, and Tribal authorities;
and
``(VI) includes a governance body
or bodies, either by creation of new or
use of existing body or bodies, for the
development and deployment of Next
Generation 9-1-1 that--
``(aa) includes relevant
stakeholders; and
``(bb) consults and
coordinates with the State
point of contact required by
clause (ii); or
``(B) in the case of an eligible entity that is not
a State, the entity has complied with clauses (i) and
(iii) of subparagraph (A), and the State in which the
entity is located has complied with clause (ii) of such
subparagraph.
``(4) Criteria.--
``(A) In general.--Not later than 9 months after
the date of enactment of this section, 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.
``(B) Requirements.--The criteria shall--
``(i) include performance requirements and
a schedule for completion of any project to be
financed by a grant under this section; and
``(ii) specifically permit regional or
multi-State applications for funds.
``(C) Updates.--The Assistant Secretary and the
Administrator shall update such regulations as
necessary.
``(5) Grant certifications.--Each applicant for a 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 the funds from the grant are
available to the applicant, that--
``(A) 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 on which the application was filed and continuing
through the period of time during which the funds from
the grant are available to the applicant;
``(B) any funds received by the applicant will be
used to support deployment of Next Generation 9-1-1
that ensures interoperability by requiring the use of
commonly accepted standards;
``(C) the State in which the applicant resides has
established, or has committed to establish no later
than 3 years following the date on which the funds are
distributed to the applicant, a sustainable funding
mechanism for Next Generation 9-1-1 to be deployed
pursuant to the grant;
``(D) the applicant will promote interoperability
between Next Generation 9-1-1 emergency communications
centers and emergency response providers including
users of the nationwide public safety broadband network
implemented by the First Responder Network Authority;
``(E) the applicant has taken or will take steps to
coordinate with adjoining States to establish and
maintain Next Generation 9-1-1; and
``(F) the applicant has developed a plan for public
outreach and education on how to best use Next
Generation 9-1-1 and on its capabilities and
usefulness.
``(6) 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, fails to comply with the certifications required
under paragraph (5), all of the funds from such grant shall be
returned to the Office.
``(7) Penalty for providing false information.--Any
applicant that provides a certification under paragraph (5)
knowing that the information provided in the certification was
false shall--
``(A) not be eligible to receive the grant under
this subsection;
``(B) return any grant awarded under this
subsection during the time that the certification was
not valid; and
``(C) not be eligible to receive any subsequent
grants under this subsection.
``(8) Prohibition.--No grant funds under this subsection
may be used--
``(A) for any component of the nationwide public
safety broadband network; or
``(B) to make any payments to a person who has
been, for reasons of national security, prohibited by
any entity of the Federal Government from bidding on a
contract, participating in an auction, or receiving a
grant.
``(c) Funding and Termination.--
``(1) In general.--In addition to any funds authorized for
grants under section 158, there is authorized to be
appropriated $12,000,000,000 for fiscal years 2019 through
2023.
``(2) Administrative costs.--The Office may use up to 5
percent of the funds authorized under this subsection for
reasonable and necessary administrative costs associated with
the grant program.
``(d) Definitions.--In this section:
``(1) 9-1-1 request for emergency assistance.--The term `9-
1-1 request for emergency assistance' means a communication,
such as voice, text, picture, multimedia, or any other type of
data, that is sent to an emergency communications center for
the purpose of requesting emergency assistance.
``(2) Administrator.--The term `Administrator' means the
Administrator of the National Highway Traffic Safety
Administration.
``(3) Commonly accepted standards.--The term `commonly
accepted standards' means--
``(A) the technical standards followed by the
communications industry for network, device, and
Internet Protocol connectivity, including standards
developed by the Third Generation Partnership Project
(3GPP), the Institute of Electrical and Electronics
Engineers (IEEE), the Alliance for Telecommunications
Industry Solutions (ATIS), the Internet Engineering
Taskforce (IETF), and the International
Telecommunications Union (ITU); and
``(B) standards that are accredited by a recognized
authority such as the American National Standards
Institute (ANSI).
``(4) Designated 9-1-1 charges.--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.
``(5) Eligible entity.--The term `eligible entity'--
``(A) means a State, a 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. 5304(l)));
``(B) includes public authorities, boards,
commissions, and similar bodies created by one or more
eligible entities described in subparagraph (A) to
coordinate or provide Next Generation 9-1-1; and
``(C) does not include any entity that has failed
to submit the certifications required under subsection
(b)(5).
``(6) Emergency communications center.--The term `emergency
communications center' means a facility that is designated to
receive a 9-1-1 request for emergency assistance and perform
one or more of the following functions:
``(A) Process and analyze 9-1-1 requests for
emergency assistance and other gathered information.
``(B) Dispatch appropriate emergency response
providers.
``(C) Transfer or exchange 9-1-1 requests for
emergency assistance and other gathered information
with other emergency communications centers and
emergency response providers.
``(D) Analyze any communications received from
emergency response providers.
``(E) Support incident command functions.
``(7) Emergency response provider.--The term `emergency
response provider' has the meaning given that term in section 2
of the Homeland Security Act of 2002 (47 U.S.C. 101).
``(8) Interoperable.--The term `interoperable' or
`interoperability' means the capability of emergency
communications centers to receive 9-1-1 requests for emergency
assistance and related data such as location information and
callback numbers from the public, then process and share the 9-
1-1 requests for emergency assistance and related data with
other emergency communications centers and emergency response
providers, regardless of jurisdiction, equipment, device,
software, service provider, or other relevant factors, and
without the need for proprietary interfaces.
``(9) Nationwide.--The term `nationwide' means with respect
to all States and all federally recognized Indian Tribes.
``(10) Nationwide public safety broadband network.--The
term `nationwide public safety broadband network' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
``(11) Next generation 9-1-1.--The term `Next Generation 9-
1-1' means an interoperable, secure, Internet Protocol-based
system that--
``(A) employs commonly accepted standards;
``(B) enables the appropriate emergency
communications centers to receive, process, and analyze
all types of 9-1-1 requests for emergency assistance;
``(C) acquires and integrates additional
information useful to handling 9-1-1 requests for
emergency assistance; and
``(D) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
``(12) Office.--The term `Office' means the 9-1-1
Implementation Coordination Office established under section
158 of this title.
``(13) 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.
``(14) Sustainable funding mechanism.--The term
`sustainable funding mechanism' means a funding mechanism that
provides adequate revenues to cover ongoing expenses, including
operations, maintenance, and upgrades.''.
SEC. 6. SAVINGS PROVISION.
Nothing in this Act or any amendment made by this Act shall affect
any application pending or grant awarded under section 158 of the
National Telecommunications and Information Administration Organization
Act (47 U.S.C. 942) prior to the date of the enactment of this Act.
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