[Senate Report 110-38]
[From the U.S. Government Publishing Office]



110th Congress 
 1st Session                     SENATE                          Report
                                                                 110-38
_______________________________________________________________________

                                     

                                                        Calendar No. 86


                         911 MODERNIZATION ACT

                               __________

                              R E P O R T

                                 of the

                  COMMITTEE ON COMMERCE, SCIENCE, AND

                             TRANSPORTATION

                                   on

                                 S. 93




        DATE deg.March 26, 2007.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             first session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DeMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
                    Margaret Spring, General Counsel
      Christine Kurth, Republican Staff Director and Chief Counsel
           Kenneth Nahigian, Republican Deputy Staff Director


                                                        Calendar No. 86
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-38

======================================================================



 
                         911 MODERNIZATION ACT

                                _______
                                

                 March 26, 2007.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                          [To accompany S. 93]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 93) to authorize NTIA to borrow 
against anticipated receipts of the Digital Television 
Transition and Public Safety Fund to initiate migration to a 
national IP-enabled emergency network capable of receiving and 
responding to all citizen activated emergency communications, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 93 is to expedite upgrades to the 9-1-1 
emergency systems of public safety answering points (PSAPs) and 
to improve the Nation's 9-1-1 infrastructure.

                          Background and Needs

    The grave tragedies of September 11, 2001, and hurricanes 
Katrina and Rita have highlighted the importance of 9-1-1 as an 
essential link between public safety personnel and the public. 
9-1-1 calls save lives on a daily basis with an estimated 200 
million such calls made within the United States each year.
    Digital technologies allow 9-1-1 callers to transmit 
additional information to public safety officials in connection 
with a 9-1-1 call such as the caller's location and telephone 
number. However, in order to use such information, PSAPs must 
have access to upgraded 9-1-1 systems that are capable of 
receiving such life-saving information. Too often, PSAPs lack 
funding to make such upgrades. The National Emergency Number 
Association reports that 20 percent of the Nation's PSAPs do 
not have enhanced 9-1-1 (E-911) capability, which represents 50 
percent of the Nation's counties.
    In December 2004, Congress enacted the ENHANCE 911 Act of 
2004 to accelerate the deployment of lifesaving, E-911 
technology, which helps first responders pinpoint the location 
of individuals in need of emergency assistance. As part of that 
Act, Congress authorized a new $250 million grant program over 
5 years to assist PSAPs in upgrading their 9-1-1 systems to 
receive E-911 location data from wireless callers dialing 9-1-
1.
    Subsequently, Congress provided funding for this grant 
program as part of the Deficit Reduction Act of 2005, which 
directed the Assistant Secretary of Commerce for Communications 
and Information to use $43.5 million from spectrum auction 
revenues--deposited in the Digital Television Transition and 
Public Safety Fund--to implement the ENHANCE 911 Act of 2004. 
However, under current law, these funds will not be available 
for use until after the auction occurs and sufficient revenues 
are deposited into the Digital Television Transition and Public 
Safety Fund. S. 93 would eliminate this temporary delay by 
allowing the Assistant Secretary to borrow against these 
anticipated receipts upon enactment of this legislation.

                         Summary of Provisions

    The bill, S. 93, would allow the Assistant Secretary of the 
National Telecommunications and Information Administration to 
borrow funds from the Treasury to implement the ENHANCE 911 
Act. The bill also would provide priority funding for 
applications covering areas for which no 9-1-1 service 
currently exists.

                          Legislative History

    The 9-1-1 Modernization Act was introduced by Senator 
Stevens on January 4, 2007, and is cosponsored by Senators 
Clinton, Hutchison, Snowe, and Vitter. On February 13, 2007, 
the Committee held an Executive Session during which S. 93 was 
considered and ordered to be 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:

                                                 February 26, 2007.
Hon. Daniel K. Inouye,
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. 93, the 911 
Modernization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 93--911 Modernization Act

    Summary: S. 93 would allow the National Telecommunications 
and Information Agency (NTIA) to borrow up to $44 million from 
the U.S. Treasury in 2007 to carry out provisions of title III 
of the Deficit Reduction Act of 2005 (Public Law 109-171) 
concerning emergency communications services. The Secretary 
would repay any borrowing with proceeds from the government's 
planned 2008 auctions of the electromagnetic spectrum. The 
Deficit Reduction Act authorized spending of up to $44 million 
in 2008, to be derived from auction proceeds, to provide grants 
to state and local governments and tribal organizations for 
improving emergency communications services.
    CBO estimates that using the borrowing authority provided 
by S. 93 would cause spending for this purpose to commence in 
2007 instead of 2008. We estimate that outlays would rise by $1 
million in 2007. The bill would thus increase direct spending 
in fiscal year 2007 and reduce direct spending in fiscal year 
2008. We expect that total direct spending by NTIA over the two 
years would remain unchanged under the bill.
    S. 93 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the federal government: The estimated 
budgetary impact of S. 93 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--
                                                           -----------------------------------------------------
                                                              2007     2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Estimated Budget Authority \1\............................       44      -44        0        0        0        0
Estimated Outlays.........................................        1       -1        0        0        0       0
----------------------------------------------------------------------------------------------------------------
\1\ Implementing S. 93 also could increase spending subject to appropriation, but CBO estimates that any such
  effects would be less than $500,000 a year.

    Basis of estimate: Under current law, NTIA is authorized to 
make grants to state and local governments and tribal 
organizations to improve the implementation and coordination of 
emergency communication services (known as E-911 services). 
Funding for the grants is to be derived from proceeds of the 
government's planned 2008 auction of electromagnetic spectrum. 
S. 93 would authorize NTIA to borrow up to $44 million in 2007 
and repay the borrowed funds with proceeds from the spectrum 
auction as they are received.
    CBO estimates that providing borrowing authority in 2007 
would allow NTIA to start entering into agreements with state 
and local governments prior to 2008. Direct spending would 
increase by $1 million in 2007 to cover administrative costs. 
That spending would be offset by a decrease of $1 million in 
direct spending in 2008. Accordingly, CBO estimates that there 
would be no net change in direct spending over the two years--
and no impact on the budget after 2008.
    S. 93 also would require NTIA to amend the criteria for 
awarding E-911 grants to give priority to emergency call 
centers that are incapable of receiving 911 calls. CBO 
estimates that the cost of issuing regulations to amend those 
criteria would be insignificant and would be subject to the 
availability of appropriated funds.
    Intergovernmental and private-sector impact: S. 93 contains 
no intergovernmental or private-sector mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimate prepared by: Federal Costs: Susan Willie; Impact 
on State, Local, and Tribal Governments: Sarah Puro; Impact on 
the Private Sector: Fatimot Ladipo.
    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

  The bill would expedite the funding of grants authorized 
under the ENHANCE 911 Act to PSAPs for 9-1-1 system upgrades 
and would improve coordination between local, State and Federal 
officials. There are an estimated 200 million 9-1-1 calls made 
in the United States each year. The bill would not expand the 
scope of the ENHANCE 911 Act and would not increase the number 
of persons covered by the ENHANCE 911 Act.

                            ECONOMIC IMPACT

  S. 93 would not have an adverse economic impact on the 
Nation's economy. The Act would provide funding for the 
implementation of E-911 services and for better coordination. 
As a result, the bill should enhance public safety and increase 
9-1-1 efficiency.

                                PRIVACY

  The reported bill would not impact the personal privacy of 
U.S. citizens.

                               PAPERWORK

  The reported bill should not significantly increase paperwork 
requirements for individuals and businesses.

                      Section-by-Section Analysis


Section 1. Short title

  This section would provide the short title, ``911 
Modernization Act''.

Section 2. Funding for program

  This section would accelerate funding for the ENHANCE 911 
Act, enacted in 2004, by allowing the Assistant Secretary of 
Commerce for Communication and Infrastructure to borrow funds 
from the Treasury in advance of the digital television (DTV) 
spectrum auction and the collection of auction revenues.

Section 3. NTIA coordination of E-911 implementation.

  This section would require the NTIA to give priority to 
applications from public safety answering points that were not 
capable of receiving 9-1-1 calls as of the date of enactment of 
the ENHANCE 911 Act, so long as the application is consistent 
with the other eligibility criteria.

                        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):

      DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY ACT OF 2005

                          [47 U.S.C. 309 note]

SEC. 3011. ENHANCE 911.

  [The] (a) In General._The Assistant Secretary shall make 
payments of not to exceed $43,500,000, in the aggregate, from 
the Digital Television Transition and Public Safety Fund 
established under section 309(j)(8)(E) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement the ENHANCE 
911 Act of 2004.
  (b) Credit.--The Assistant Secretary may borrow from the 
Treasury, upon enactment of this provision, such sums as 
necessary, but not to exceed $43,500,000 to implement this 
section. The Assistant Secretary shall reimburse the Treasury, 
without interest, as funds are deposited into the Digital 
Television Transition and Public Safety Fund.

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION 
                                  ACT

                            [47 U.S.C. 942]

SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.

  (a) E-911 Implementation Coordination Office.--
          (1) Establishment.--The Assistant Secretary and the 
        Administrator of the National Highway Traffic Safety 
        Administration shall--
                  (A) establish a joint 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 E-911 
                services; and
                  (B) create an E-911 Implementation 
                Coordination Office to implement the provisions 
                of this section.
          (2) Management plan.--The Assistant Secretary and the 
        Administrator shall jointly develop a management plan 
        for the program established under this section. Such 
        plan shall include the organizational structure and 
        funding profiles for the 5-year duration of the 
        program. The Assistant Secretary and the Administrator 
        shall, within 90 days after the date of enactment of 
        this Act, submit the management plan to the Committees 
        on Energy and Commerce and Appropriations of the House 
        of Representatives and the Committees on Commerce, 
        Science, and Transportation and Appropriations of the 
        Senate.
          (3) Purpose of office.--The Office shall--
                  (A) take actions, in concert with 
                coordinators designated in accordance with 
                subsection (b)(3)(A)(ii), to improve such 
                coordination and communication;
                  (B) develop, collect, and disseminate 
                information concerning practices, procedures, 
                and technology used in the implementation of E-
                911 services;
                  (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 a joint annual report to 
        Congress by the first day of October of each year on 
        the activities of the Office to improve coordination 
        and communication with respect to the implementation of 
        E-911 services.
  (b) Phase II E-911 Implementation Grants.--
          (1) Matching grants.--The Assistant Secretary and the 
        Administrator, after consultation with the Secretary of 
        Homeland Security and the Chairman of the Federal 
        Communications Commission, and acting through the 
        Office, shall provide grants to eligible entities for 
        the implementation and operation of Phase II E-911 
        services.
          (2) 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.
          (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 
                        (as such term is defined in section 
                        222(h)(4) of the Communications Act of 
                        1934) 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 E-911 services, 
                        except that such designation need not 
                        vest such coordinator with direct legal 
                        authority to implement E-911 services 
                        or manage emergency communications 
                        operations;
                          (iii) has established a plan for the 
                        coordination and implementation of E-
                        911 services; and
                          (iv) has integrated 
                        telecommunications services involved in 
                        the implementation and delivery of 
                        phase II E-911 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.--The Assistant Secretary and the 
        Administrator shall jointly issue regulations within 
        180 days after the date of enactment of the ENHANCE 911 
        Act of 2004, 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. The criteria shall include 
        performance requirements and a timeline for completion 
        of any project to be financed by a grant under this 
        section. Within 180 days after the date of enactment of 
        the 911 Modernization Act, the Assistant Secretary and 
        the Administrator shall jointly issue regulations 
        updating the criteria to provide priority for public 
        safety answering points not capable, as of the date of 
        enactment of that Act, of receiving 911 calls.
  (c) Diversion of E-911 Charges.--
          (1) Designated e-911 charges.--For the purposes of 
        this subsection, the term ``designated E-911 charges'' 
        means any taxes, fees, or other charges imposed by a 
        State or other taxing jurisdiction that are designated 
        or presented as dedicated to deliver or improve E-911 
        services.
          (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 E-911 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 E-911 charges for any purpose other 
        than the purposes for which such charges are designated 
        or presented, all of the funds from such grant shall be 
        returned to the Office.
          (4) Penalty for providing false information.--Any 
        applicant that provides a certification under paragraph 
        (1) knowing that the information provided in the 
        certification was false shall--
                  (A) not be eligible to receive the grant 
                under subsection (b);
                  (B) return any grant awarded under subsection 
                (b) during the time that the certification was 
                not valid; and
                  (C) not be eligible to receive any subsequent 
                grants under subsection (b).
  (d) Authorization; Termination.--
          (1) Authorization.--There are authorized to be 
        appropriated to the Department of Transportation, for 
        the purposes of grants under the joint program operated 
        under this section with the Department of Commerce, not 
        more than $250,000,000 for each of the fiscal years 
        2005 through 2009, not more than 5 percent of which for 
        any fiscal year may be obligated or expended for 
        administrative costs.
          (2) Termination.--The provisions of this section 
        shall cease to be effective on October 1, 2009.
  (e) Definitions.--As used in this section:
          (1) Office.--The term ``Office'' means the E-911 
        Implementation Coordination Office.
          (2) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Highway Traffic 
        Safety Administration.
          (3) Eligible entity.--
                  (A) In general.--The term ``eligible entity'' 
                means a State or local government or a tribal 
                organization (as defined in section 4(l) of the 
                Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b(l))).
                  (B) Instrumentalities.--Such term includes 
                public authorities, boards, commissions, and 
                similar bodies created by one or more eligible 
                entities described in subparagraph (A) to 
                provide E-911 services.
                  (C) Exception.--Such term does not include 
                any entity that has failed to submit the most 
                recently required certification under 
                subsection (c) within 30 days after the date on 
                which such certification is due.
          (4) E-911 services.--The term ``E-911 services'' 
        means both phase I and phase II enhanced 911 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 ENHANCE 911 Act of 2004, or as 
        subsequently revised by the Federal Communications 
        Commission.
          (5) Phase ii e-911 services.--The term ``phase II E-
        911 services'' means only phase II enhanced 911 
        services, as described in such section 20.18 (47 C.F.R. 
        20.18), as in effect on such date, or as subsequently 
        revised by the Federal Communications Commission.
          (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, Puerto Rico, 
        the Northern Mariana Islands, and any territory or 
        possession of the United States.

                                  
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