[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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