[Senate Report 108-130]
[From the U.S. Government Publishing Office]




                                                       Calendar No. 254
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-130
_______________________________________________________________________

 
         THE ENHANCED 911 EMERGENCY COMMUNICATIONS ACT OF 2003

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1250



                                     

                August 26, 2003.--Ordered to be printed

     Filed, under authority of the order of the Senate of July 29 
                    (legislative day, July 21), 2003
                                 ______

                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003



       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred eighth congress
                             first session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA J. SNOWE, Maine              JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon                 BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois        RON WYDEN, Oregon
JOHN ENSIGN, Nevada                  BARBARA BOXER, California
GEORGE ALLEN, Virginia               BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire        MARIA CANTWELL, Washington
                                     FRANK LAUTENBERG, New Jersey
           Jeanne Bumpus, Staff Director and General Counsel
                   Ann Begeman, Deputy Staff Director
                  Robert W. Chamberlin, Chief Counsel
      Kevin D. Kayes, Democratic Staff Director and Chief Counsel
                Gregg Elias, Democratic General Counsel


                                                       Calendar No. 254
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-130
======================================================================


         THE ENHANCED 911 EMERGENCY COMMUNICATIONS ACT OF 2003

                                _______
                                

                August 26, 2003.--Ordered to be printed

     Filed, under authority of the order of the Senate of July 29 
                    (legislative day, July 21), 2003

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1250]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1250) to improve, enhance, and 
promote the Nation's homeland security, public safety, and 
citizen activated emergency response capabilities through the 
use of enhanced 911 services, to further upgrade Public Safety 
Answering Point capabilities and related functions in receiving 
enhanced calls, and to support in the construction and 
operation of a ubiquitous and reliable citizen activated system 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                          Purpose of the Bill

  The purposes of this legislation are to: (i) require the 
Administrator of the National Telecommunications and 
Information Administration (NTIA) at the Department of Commerce 
to establish an Emergency Communications Task Force to 
facilitate coordination between Federal, State, and local 
emergency communications systems, emergency personnel, and 
public safety organizations; (ii) authorize up to $500 million 
per year for Federal matching grants to State and local 
governments and to tribal organizations for enhancing emergency 
communications services through planning, infrastructure 
improvements, equipment purchases, and personnel training and 
acquisition; and (iii) require the Federal Communications 
Commission (FCC) to review at least twice per year the 
imposition of, and the use of revenues derived from, taxes, 
fees, or other charges by State or local governments on 
telecommunications services customers' bills that are 
designated for improving emergency communications services, 
including 911 services or enhanced 911 services.

                          Background and Needs

  Today, there are approximately 140 million wireless 
telephones in use in the United States. Several studies over 
the last decade have shown that most consumers cite safety and 
security (including the ability to communicate in an emergency) 
as their main reason for purchasing a cell phone. Even if their 
own lives are not affected, many Americans have indicated they 
are willing to be ``Good Samaritans'' and use their wireless 
phones to report emergencies to local public safety authorities 
when they see them occurring. Of the approximately 200 million 
calls placed to 911 each year, more than 56 million, or 28 
percent, of the calls are made from wireless phones. Some 
metropolitan areas show even higher percentages of wireless 911 
calls than the nationwide average, with several receiving a 
majority of their 911 calls from wireless phones.
  Unlike calls to 911 from land-based wireline telephones, most 
public safety operators answering wireless 911 calls do not 
have information regarding the name, telephone number, and 
location of the caller--referred to as enhanced 911 (E-911) 
services. Without this information, emergency response times 
may be delayed while the operators attempt to determine the 
location of the emergency. In many instances, wireless 911 
callers do not know their exact location (particularly in rural 
areas), and some who are injured or disoriented cannot respond 
to operators' questions regarding their location. Medical 
emergency and public safety responders speak of a ``golden 
hour''--the first hour after serious injury when there is the 
greatest chance of saving life. As time elapses, chances of 
survival diminish and the severity of injuries increase. Prompt 
and accurate location information--especially from the 
increasing numbers of wireless 911 calls--is therefore critical 
to delivering emergency assistance to victims within the first 
hour.

                        IMPLEMENTATION PROBLEMS

  Successful wireless E-911 implementation requires the 
cooperation of three discrete groups: wireless carriers, 
wireline telephone companies (also known as local exchange 
carriers), and Public Safety Answering Points (PSAPs). A PSAP 
is the emergency operator dispatch point that receives 911 
calls for a community. There are approximately 6,100 PSAPs 
nationwide. In short, the wireless carrier must be able to 
determine the location of the caller, the local exchange 
carrier must carry that location information from the carrier 
to the PSAP, and the PSAP must be capable of receiving such 
information. In many ways, the initiation of wireless E-911 
implementation begins with the PSAP, because no other 
obligations are imposed on any other party until the PSAP 
submits a request for E-911 service.
  It is estimated that only 10 percent of the PSAPs nationwide 
have made requests to receive wireless E-911 location 
information (known as ``Phase II'' requests). One major reason 
for the delay in PSAP requests is that PSAPs are not ready to 
receive the E-911 information that will be sent to them by 
wireless carriers. In order to receive this information, PSAPs 
must first make software and hardware upgrades in their 
operations centers, as well as make appropriate trunking 
arrangements with local wireline telephone companies to enable 
wireless E-911 data to pass from the wireless carrier to the 
PSAP. As required by the FCC, however, PSAPs also must have the 
means of covering their costs in order to make a valid request 
to the wireless carrier for E-911 service. Absent a valid PSAP 
request, a wireless carrier is under no obligation to deploy E-
911 services.

                         STATE FUNDING PROBLEMS

  The FCC's rules do not mandate any specific State action nor 
specify any particular mechanism for funding the technology and 
service capabilities necessary to enable the PSAP to make a 
valid service request. Some PSAPs are able to fund upgrades 
from existing State budgets, but most PSAPs must rely on funds 
collected pursuant to State authority for public safety 
services. Currently, over 40 States have established some type 
of wireless fee or surcharge on consumers' mobile phone bills 
to fund, either in whole or in part, PSAP upgrades for wireless 
E-911 service. In the States relying on monthly surcharges, 
subscribers' fees range from 20 cents to $2 per month, with the 
average about 60 cents per month.\1\ In many States, however, 
State laws do not specifically limit the use of wireless E-911 
surcharges to wireless E-911 upgrades. These States' surcharges 
can be used for other public safety purposes if not spent on 
wireless E-911.
---------------------------------------------------------------------------
    \1\  NENA Fact Sheet: Enhanced Wireless Emergency Communications: 
Implementation Process and Status, National Emergency Number 
Association (NENA), October 2001.
---------------------------------------------------------------------------
  Recently, State lawmakers and administrators have begun 
investigating the use of E-911 funds, and have discovered 
instances in which E-911 funds have been used for purposes 
other than the provision of E-911 service. Observers claim as 
many as 11 States have been ``raiding'' their collected E-911 
funds to satisfy other State obligations. In New York, for 
example, nearly $200 million collected as E-911 surcharges have 
been diverted for other public safety purposes, while the 
State's PSAPs have remained underfunded and unready to request 
E-911 service from carriers. Although State administrators 
supporting these diversions argue that their decisions are 
justified given more pressing State funding needs, 
investigators also have found some egregious examples of such 
funds being used to cover expenses for dry cleaning and lawn 
mowing services for State police (e.g., New York).

                          Legislative History

  Senator Burns, the chairman of the Communications 
Subcommittee of the Committee on Commerce, Science, and 
Transportation, introduced S. 1250 on June 12, 2003, with 
Senator Clinton as an original cosponsor. The bill is also 
cosponsored by Senator Lautenberg.
  On March 5, 2003, the Communications Subcommittee held a 
hearing on the implementation of E-911 services for wireless 
phones. Three members of Congress appeared before the 
Committee, in addition to a State assemblyman, and a diverse 
group of companies, associations, and private parties 
interested in E-911 services.
  On June 26, 2003, the Committee met in open executive session 
and by voice vote ordered the bill reported without amendment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 26, 2003.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1250, the Enhanced 
911 Emergency Communications Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Melissa 
Zimmerman.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 1250--Enhanced 911 Emergency Communications Act of 2003

    Summary: S. 1250 would authorize the appropriation of $500 
million a year to the National Telecommunications and 
Information Agency (NTIA) for grants to State and local 
governments and tribal organizations for improving emergency 
communications services. It also would establish the Emergency 
Communications Task Force to improve coordination between 
Federal, State, and local emergency communications systems and 
would direct the Federal Communications Commission (FCC) to 
monitor the collection and spending of fees levied by States 
for the purposes of supporting those systems.
    CBO estimates that implementing S. 1250 would cost $213 
million in 2004 and about $2.2 billion over the 2004-2008 
period. CBO estimates that enacting this bill would have no 
effect on direct spending or revenues.
    S. 1250 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
It would benefit State, local, and tribal governments by 
authorizing grants to enhance emergency communication services.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1250 is shown in the following table. 
The costs of this legislation fall within budget function 370 
(commerce and housing credit).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

NTIA:
    Estimated authorization level..................................      510      510      510      511      511
    Estimated outlays..............................................      208      410      510      511      511
FCC:
    Estimated authorization level..................................        5        5        5        5        5
    Estimated outlays..............................................        5        5        5        5        5
                                                                    --------------------------------------------
    Total:
        Estimated authorization level..............................      515      515      515      516      516
        Estimated outlays..........................................      213      415      515      516      516
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: Section 5 would authorize the 
appropriation of $500 million a year to NTIA for grants to 
state and local governments and tribal organizations for 
improving emergency communications systems. Based on 
information from that agency, CBO estimates that administering 
these grants would cost about $5 million a year. Section 4 
would establish an Emergency Communications Task Force, which 
would be charged with improving coordination between Federal, 
state, and local emergency communications services. The bill 
specifies that representatives from the Department of Justice, 
the Department of Homeland Security, the Department of Defense, 
the Department of the Interior, the Department of 
Transportation, the FCC, and other state, local, and industry 
organizations would serve on the task force. Administrative and 
travel costs for federal employees on the task force would be 
paid by the NTIA. Based on information from NTIA, we estimate 
the task force would cost about $5 million over a year over the 
2004-2008 period.
    Assuming appropriation of the necessary amounts for the 
grants and administrative costs, and the cost of operating the 
task force, CBO estimates that implementing section 5 would 
cost $208 million in 2004 and about $2.2 billion over the 2004-
2008 period.
    Section 6 would direct the FCC to review the level of fees 
charged to consumers by state and local governments to support 
the operations of emergency communications services. Based on 
information provided by the FCC, CBO estimates that 
implementing section 6 would cost about $5 million in 2004 and 
$25 million over the 2004-2008 period.
    Intergovernmental and private-sector impact: This bill 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. It would benefit State, local, and tribal 
governments by authorizing grants to enhance emergency 
communications services. Any costs incurred by State, local, 
and tribal governments as a result of this legislation would be 
voluntary conditions of receiving Federal assistance.
    Estimate prepared by: Federal Costs: Melissa E. Zimmerman. 
Impact on State, Local, and Tribal Governments: Sarah Puro. 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1250 would provide matching grants for, and better 
coordination of, the implementation of E-911 services by PSAPs 
in all States. Therefore, S. 1250 would cover all subscribers 
to wireless phone service (approximately 140 million 
Americans), as well as all members of the public that may, in 
the future, benefit in emergency situations from the 
availability of E-911 services on wireless phones.

                            ECONOMIC IMPACT

  The legislation would authorize additional sources of funding 
for the implementation of E-911 services by PSAPs, thereby 
reducing the economic burden on such entities and those States, 
political subdivisions of States, and tribal organizations that 
currently provide for their funding. As a result, the bill 
would likely reduce delays in PSAP requests for E-911 services, 
and thus facilitate deployment of E-911 services by 
telecommunications service providers on a national scale and in 
a more organized, reliable, and cost-efficient manner.

                                PRIVACY

  S. 1250 would not alter or affect the personal privacy 
protections already afforded consumers using wireless phones 
when calling 911 for emergency services.

                               PAPERWORK

  S. 1250 would require the NTIA's newly formed Emergency 
Communications Task Force to submit annual reports to Congress. 
Additionally, S. 1250 would require the NTIA to administer a 
matching grant program and would require the FCC to notify 
Congress of any State that diverts E-911 funds. The legislation 
should generate similar amounts of administrative paperwork as 
other legislation requiring multiple agency coordination and 
reports to Congress.

                      Section-by-Section Analysis


Section 1. Short title

  This section would provide that the legislation may be cited 
as the ``Enhanced 911 Emergency Communications Act of 2003.''

Section 2. Findings

  This section would set forth the following findings of 
Congress: E-911 services with the most modern and state-of-the-
art capabilities should be available to all Americans in every 
region of the United States; enhanced emergency communications 
requires Federal, State, and local government resources and 
coordination; any funds collected for E-911 services should be 
used only for E-911 purposes; and E-911 is a high national 
priority, requiring Federal leadership working in cooperation 
with State and local governments, and with other emergency 
communications services organizations.

Section 3. Purposes

  This section would set forth that the purposes of the Act are 
the following: to coordinate emergency communications systems, 
including 911 services and E-911 services, at the Federal, 
State, and local levels; to provide stability and resources to 
State and local PSAPs in order to facilitate ubiquitous and 
reliable deployment of E-911 services throughout the United 
States; and to ensure that funds collected on consumers' 
telecommunications bills for E-911 services are used only for 
such purposes.

Section 4. Emergency communications coordination

  This section would amend part C of title I of the NTIA 
Organization Act (47 U.S.C. 901 et seq.) by adding a new 
section requiring the NTIA Administrator to establish an 
Emergency Communications Task Force to facilitate coordination 
between Federal, State, and local emergency communications 
systems, emergency personnel, and public safety organizations.
  This section would require the Task Force to include 
representatives from the following government agencies and 
private entities: the U.S. Department of Justice; the U.S. 
Department of Homeland Security; the U.S. Department of 
Defense; the U.S. Department of Interior; the U.S. Department 
of Transportation; the FCC; State and local first responder 
agencies; national 911 and emergency communications leadership 
organizations; and the telecommunications industry. The NTIA 
Administrator also would be free to designate additional Task 
Force representatives.
  Section 4 would require the NTIA Administrator to make annual 
reports to Congress with the Task Force's recommendations on 
how Federal, State, and local government and emergency 
communications organizations can improve their coordination and 
communications with one another. Section 4 also would prohibit 
members of the Task Force from receiving special compensation 
for their participation.

Section 5. Grants for E-911 enhancement

  This section would amend part C of title I of the NTIA 
Organization Act (47 U.S.C. 901 et seq.) by adding a new 
section authorizing up to $500 million per year for grants to 
State and local governments, and to tribal organizations, for 
enhancing emergency communications services through planning, 
infrastructure improvements, equipment purchases, and personnel 
training and acquisition. The grant program would be 
administered by the NTIA in consultation with the United States 
Department of Homeland Security.
  Section 5 would require the grant program to have a matching 
requirement so that the Federal share of any project eligible 
to receive a grant would not exceed 50 percent of the total 
funding. This section also would require preference in grants 
to go to applicants that coordinated their applications with 
the needs of PSAPs, as well as those that have integrated 
public and commercial communications services involved in the 
construction, delivery, and improvement of emergency 
communications, including 911 services.
  Section 5 would require the NTIA Administrator to issue 
regulations regarding the criteria for the selection of grants 
made pursuant to this section within 180 days after the 
enactment of the Act, following a 60-day period of public 
comment.

Section 6. State and local 911 practices

  This section would amend part IV of title VI of the 
Communications Act of 1934 (47 U.S.C. 631 et seq.) by adding a 
new section requiring the FCC to review at least twice per year 
the imposition of, and the use of revenues derived from, taxes, 
fees, or other charges by State or local governments on 
telecommunications services customers' bills that are 
designated for improving emergency communications services, 
including 911 services or E-911 services. Under this section, 
States also would be required to certify annually to the FCC 
that no portion of the revenues received for such purposes have 
been used for any other purposes. The FCC, in turn, would be 
required to notify Congress of States that fail to provide 
certification as well as the amount of revenues used by such 
States for purposes other than that for which they were 
collected.
  Additionally, section 6 would require the NTIA Administrator 
to withhold grant funds to States that have failed to provide 
proper certification to the FCC.

                        Changes in Existing Law

  
  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):
  

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION 
                                  ACT


  TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

                PART C--SPECIAL AND TEMPORARY PROVISIONS

SEC. 158. COORDINATION OF EMERGENCY COMMUNICATIONS.

  (a) Establishment of Task Force.--The Assistant Secretary 
shall establish an Emergency Communications Task Force to 
facilitate coordination between Federal, State, and local 
emergency communications systems, emergency personnel, and 
public safety organizations. The task force shall include the 
following:
          (1) Representatives from Federal agencies, 
        including--
                  (A) the Department of Justice;
                  (B) the Department of Homeland Security;
                  (C) the Department of Defense;
                  (D) the Department of the Interior;
                  (E) the Department of Transportation; and
                  (F) the Federal Communications Commission;
          (2) State and local first responder agencies;
          (3) national 911 and emergency communications 
        leadership organizations;
          (4) telecommunications industry representatives; and
          (5) other individuals designated by the Assistant 
        Secretary.
  (b) Purpose of Task Force.--The task force shall provide 
advice and recommendations with respect to methods to improve 
coordination and communications between agencies and 
organizations involved in emergency communications, including 
911 services to enhance homeland security and public safety.
  (c) Reports.--The Assistant Secretary shall provide an annual 
report to Congress by the first day of October of each year on 
the task force activities and make recommendations on how 
Federal, State, and local governments and emergency 
communications organizations can improve coordination and 
communications.
  (d) Miscelleanous Provisions.--Members of the task force 
shall serve without special compensation with respect to their 
activities on behalf of the task force.

SEC. 159. EMERGENCY COMMUNICATIONS GRANTS.

  (a) Matching Grants.--The Assistant Secretary, after 
consultation with the Secretary of Homeland Security, shall 
provide grants to State and local governments and tribal 
organizations (as defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(l))) 
for the purposes of enhancing emergency communications services 
through planning, infrastructure improvements, equipment 
purchases, and personnel training and acquisition.
  (b) Matching Requirement.--The Federal share of the cost of a 
project eligible for a grant under this section shall not 
exceed 50 percent. The non-Federal share of the cost shall be 
provided from non-Federal sources.
  (c) Preference.--In providing grants under subsection (a), 
the Assistant Secretary shall give preference to applicants 
who--
          (1) coordinate their applications with the needs of 
        their public safety answering points; and
          (2) integrate public and commercial communications 
        services involved in the construction, delivery, and 
        improvement of emergency communications, including 911 
        services.
  (d) Criteria.--The Assistant Secretary shall issue 
regulations within 180 days of the enactment of the Enhanced E-
911 Emergency Communications Act of 2003, after a public 
comment period of not less than 60 days, prescribing the 
criteria for selection for grants under this section and shall 
update such regulations as necessary.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to the Assistant Secretary not more than 
$500,000,000 for each fiscal year for grants under this 
section.

                       COMMUNICATIONS ACT OF 1934

                     TITLE VI--CABLE COMMUNICATIONS

                   PART IV. MISCELLANEOUS PROVISIONS

SECTION 6. STATE AND LOCAL 911 PRACTICES.

SEC. 642. DIVERSION OF 911 FUNDS.

  (a) In General.--
          (1) Assessment and audit.--The Commission shall 
        review, no less frequently than twice a year--
                  (A) the imposition of taxes, fees, or other 
                charges imposed by States or political 
                subdivisions of States that--
                          (i) appear on telecommunications 
                        services customers' bills; and
                          (ii) are designated or presented as 
                        dedicated to improve emergency 
                        communications services, including 911 
                        services or enhanced 911 services, or 
                        related to emergency communications 
                        services operations or improvements; 
                        and
                  (B) the use of revenues derived from such 
                taxes, fees, or charges.
          (2) Certification.--Each State shall certify annually 
        to the Commission that no portion of the revenues 
        derived from such taxes, fees, or charges have been 
        obligated or expended for any purpose other than the 
        purposes for which such taxes, fees, or charges are 
        designated or presented.
  (b) Notification of Congress and the Public.--If the 
Commission fails to receive the certification described in 
subsection (a)(2), then, within 30 days after the date on which 
such certification was due, the Commission shall cause to be 
published in the Federal Register, and notify the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Energy and Commerce of--
          (1) the identity of each State or political 
        subdivision that failed to make the certification; 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.
  (c) Withholding of Funds.--Notwithstanding any other 
provision of law, the Assistant Secretary shall withhold any 
Federal grant funds that would otherwise be made available 
under section 159 of the National Telecommunications and 
Information Administration Organization Act to a State or 
political subdivision identified by the Commission under 
subsection (b)(1) in an amount not to exceed twice the amount 
described in subsection (b)(2). In lieu of withholding grant 
funds under this subsection, the Secretary may require a State 
or political subdivision to repay to the Secretary the 
appropriate amount of funds already disbursed to that State or 
political subdivision.

                                 
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