[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2629 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2629
To amend the National Telecommunications and Information Administration
Organization Act to modify the 9-1-1, E9-1-1, and Next Generation 9-1-1
program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2011
Mr. Shimkus (for himself and Ms. Eshoo) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the National Telecommunications and Information Administration
Organization Act to modify the 9-1-1, E9-1-1, and Next Generation 9-1-1
program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation 9-1-1 Advancement
Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) for the sake of the public safety of our Nation, a
universal emergency service number (9-1-1) that is enhanced
with the most modern and state-of-the-art telecommunications
capabilities possible, including voice, data, and video
communications, should be available to all citizens wherever
they live, work, and travel;
(2) a successful migration to Next Generation 9-1-1 service
communications systems will require greater Federal, State, and
local government resources and coordination;
(3) any funds that are collected from fees imposed on
consumer bills for the purposes of funding 9-1-1 services,
enhanced 9-1-1 services, or Next Generation 9-1-1 services
should only be used for the purposes for which the funds are
collected;
(4) it is a national priority to foster the migration from
analog, voice-centric 9-1-1 and current generation emergency
communications systems to a 21st century, Next Generation, IP-
based emergency services model that embraces a wide range of
voice, video, and data applications;
(5) ensuring 9-1-1 access for all citizens includes
improving access to 9-1-1 systems for the deaf, hard of
hearing, deaf-blind, and individuals with speech disabilities,
who increasingly communicate with non-traditional text, video,
and instant-messaging communications services, and who expect
those services to be able to connect directly to 9-1-1 systems;
(6) a coordinated public educational effort on current and
emerging 9-1-1 system capabilities and proper use of the 9-1-1
system is essential to the operation of effective 9-1-1
systems;
(7) Federal policies and funding should enable the
transition to Internet Protocol-based (IP-based) Next
Generation 9-1-1 systems and Federal 9-1-1 and emergency
communications laws and regulations must keep pace with rapidly
changing technology to ensure an open and competitive 9-1-1
environment based on the most advanced technology available;
and
(8) Federal policies and grant programs should reflect the
growing convergence and integration of emergency communications
technology, such that State interoperability plans and Federal
funding in support of such plans is made available for all
aspects of Next Generation 9-1-1 service and emergency
communications systems.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to focus Federal policies and funding programs to
ensure a successful migration from voice-centric 9-1-1 systems
to IP-enabled, Next Generation 9-1-1 emergency response systems
that use voice, data, and video services to greatly enhance the
capability of 9-1-1 and emergency response services;
(2) to ensure that technologically advanced 9-1-1 and
emergency communications systems are universally available and
adequately funded to serve all Americans; and
(3) to ensure that all 9-1-1 and emergency response
organizations have access to--
(A) high-speed broadband networks;
(B) interconnected IP backbones; and
(C) innovative services and applications.
SEC. 4. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) 9-1-1 services, e9-1-1 services, next generation 9-1-1
services.--The terms ``9-1-1 services, E9-1-1 services, and
Next Generation 9-1-1 services'' shall have the meaning given
those terms in section 158 of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.
942), as amended by this Act.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Multi-line telephone system.--The term ``multi-line
telephone system'' or ``MLTS'' means a system comprised of
common control units, telephone sets, control hardware and
software and adjunct systems, including network and premises
based systems, such as Centrex and VoIP, as well as PBX,
Hybrid, and Key Telephone Systems (as classified by the
Commission under part 68 of title 47, Code of Federal
Regulations) and includes systems owned or leased by
governmental agencies and non-profit entities, as well as for
profit businesses.
(4) Office.--The term ``Office'' means the 9-1-1
Implementation Coordination Office established under section
158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942), as amended by
this Act.
(5) Public safety answering point.--The term ``public
safety answering point'' has the meaning given the term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
SEC. 5. COORDINATION OF 9-1-1 IMPLEMENTATION.
Section 158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942) is amended to read as
follows:
``SEC. 158. COORDINATION OF 9-1-1, E9-1-1 AND NEXT GENERATION 9-1-1
IMPLEMENTATION.
``(a) 9-1-1 Implementation Coordination Office.--
``(1) Establishment and continuation.--The Assistant
Secretary and the Administrator of the National Highway Traffic
Safety Administration shall--
``(A) establish and further a program to facilitate
coordination and communication between Federal, State,
and local emergency communications systems, emergency
personnel, public safety organizations,
telecommunications carriers, and telecommunications
equipment manufacturers and vendors involved in the
implementation of 9-1-1 services; and
``(B) establish a 9-1-1 Implementation Coordination
Office to implement the provisions of this section.
``(2) Management plan.--
``(A) Development.--The Assistant Secretary and the
Administrator shall develop a management plan for the
grant program established under this section, including
by developing--
``(i) plans related to the organizational
structure of such program; and
``(ii) funding profiles for each fiscal
year of the 5-year duration of such program.
``(B) Submission to congress.--Not later than 90
days after the date of enactment of the Next Generation
9-1-1 Advancement Act of 2011, the Assistant Secretary
and the Administrator shall submit the management plan
developed under subparagraph (A) to--
``(i) the Committees on Commerce, Science,
and Transportation and Appropriations of the
Senate; and
``(ii) the Committees on Energy and
Commerce and Appropriations of the House of
Representatives.
``(3) Purpose of office.--The Office shall--
``(A) take actions, in concert with coordinators
designated in accordance with subsection (b)(3)(A)(ii),
to improve coordination and communication with respect
to the implementation of 9-1-1 services, E9-1-1
services, and Next Generation 9-1-1 services;
``(B) develop, collect, and disseminate information
concerning practices, procedures, and technology used
in the implementation of 9-1-1 services, E9-1-1
services, and Next Generation 9-1-1 services;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (b)(3)(A)(iii);
``(D) receive, review, and recommend the approval
or disapproval of applications for grants under
subsection (b); and
``(E) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(4) Reports.--The Assistant Secretary and the
Administrator shall provide an annual report to Congress by the
first day of October of each year on the activities of the
Office to improve coordination and communication with respect
to the implementation of 9-1-1 services, E9-1-1 services, and
Next Generation 9-1-1 services.
``(b) 9-1-1, E9-1-1 and Next Generation 9-1-1 Implementation
Grants.--
``(1) Matching grants.--The Assistant Secretary and the
Administrator, acting through the Office, shall provide grants
to eligible entities for--
``(A) the implementation and operation of 9-1-1
services, E9-1-1 services, migration to an IP-enabled
emergency network, and adoption and operation of Next
Generation 9-1-1 services and applications;
``(B) the implementation of IP-enabled emergency
services and applications enabled by Next Generation 9-
1-1 services, including the establishment of IP
backbone networks and the application layer software
infrastructure needed to interconnect the multitude of
emergency response organizations; and
``(C) training public safety personnel, including
call-takers, first responders, and other individuals
and organizations who are part of the emergency
response chain in 9-1-1 services.
``(2) Matching requirement.--The Federal share of the cost
of a project eligible for a grant under this section shall not
exceed 80 percent. The non-Federal share of the cost shall be
provided from non-Federal sources unless waived by the
Assistant Secretary and the Administrator.
``(3) Coordination required.--In providing grants under
paragraph (1), the Assistant Secretary and the Administrator
shall require an eligible entity to certify in its application
that--
``(A) in the case of an eligible entity that is a
State government, the entity--
``(i) has coordinated its application with
the public safety answering points located
within the jurisdiction of such entity;
``(ii) has designated a single officer or
governmental body of the entity to serve as the
coordinator of implementation of 9-1-1
services, except that such designation need not
vest such coordinator with direct legal
authority to implement 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services or
to manage emergency communications operations;
``(iii) has established a plan for the
coordination and implementation of 9-1-1
services, E9-1-1 services, and Next Generation
9-1-1 services; and
``(iv) has integrated telecommunications
services involved in the implementation and
delivery of 9-1-1 services, E9-1-1 services,
and Next Generation 9-1-1 services; or
``(B) in the case of an eligible entity that is not
a State, the entity has complied with clauses (i),
(iii), and (iv) of subparagraph (A), and the State in
which it is located has complied with clause (ii) of
such subparagraph.
``(4) Criteria.--Not later than 120 days after the date of
enactment of the Next Generation 9-1-1 Advancement Act of 2011,
the Assistant Secretary and the Administrator shall issue
regulations, after providing the public with notice and an
opportunity to comment, prescribing the criteria for selection
for grants under this section. The criteria shall include
performance requirements and a timeline for completion of any
project to be financed by a grant under this section. The
Assistant Secretary and the Administrator shall update such
regulations as necessary.
``(c) Diversion of 9-1-1 Charges.--
``(1) Designated 9-1-1 charges.--For the purposes of this
subsection, the term `designated 9-1-1 charges' means any
taxes, fees, or other charges imposed by a State or other
taxing jurisdiction that are designated or presented as
dedicated to deliver or improve 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services.
``(2) Certification.--Each applicant for a matching grant
under this section shall certify to the Assistant Secretary and
the Administrator at the time of application, and each
applicant that receives such a grant shall certify to the
Assistant Secretary and the Administrator annually thereafter
during any period of time during which the funds from the grant
are available to the applicant, that no portion of any
designated 9-1-1 charges imposed by a State or other taxing
jurisdiction within which the applicant is located are being
obligated or expended for any purpose other than the purposes
for which such charges are designated or presented during the
period beginning 180 days immediately preceding the date of the
application and continuing through the period of time during
which the funds from the grant are available to the applicant.
``(3) Condition of grant.--Each applicant for a grant under
this section shall agree, as a condition of receipt of the
grant, that if the State or other taxing jurisdiction within
which the applicant is located, during any period of time
during which the funds from the grant are available to the
applicant, obligates or expends designated 9-1-1 charges for
any purpose other than the purposes for which such charges are
designated or presented, eliminates such charges, or re-
designates such charges for purposes other than the
implementation or operation of 9-1-1 services, E9-1-1 services,
or Next Generation 9-1-1 services, all of the funds from such
grant shall be returned to the Office.
``(4) Penalty for providing false information.--Any
applicant that provides a certification under paragraph (1)
knowing that the information provided in the certification was
false shall--
``(A) not be eligible to receive the grant under
subsection (b);
``(B) return any grant awarded under subsection (b)
during the time that the certification was not valid;
and
``(C) not be eligible to receive any subsequent
grants under subsection (b).
``(d) Authorization and Termination.--
``(1) Authorization.--There are authorized to be
appropriated to the Secretary of Commerce, for the purposes of
carrying out grants under this section, not more than
$250,000,000 total for the fiscal years 2012 through 2017. Of
the amounts made available to the Secretary of Commerce under
this paragraph in a fiscal year not more than 5 percent of such
amounts may be obligated or expended to cover the
administrative costs of carrying out this section.
``(2) Termination.--Effective on October 1, 2017, the
authority provided by this section terminates and this section
shall have no effect.
``(e) Definitions.--In this section, the following definitions
shall apply:
``(1) 9-1-1 services.--The term `9-1-1 services' includes
both E9-1-1 services and Next Generation 9-1-1 services.
``(2) E9-1-1 services.--The term `E9-1-1 services' means
both phase I and phase II enhanced 9-1-1 services, as described
in section 20.18 of the Commission's regulations (47 C.F.R.
20.18), as in effect on the date of enactment of the Next
Generation 9-1-1 Advancement Act of 2011, or as subsequently
revised by the Commission.
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity' means
a State or local government or a tribal organization
(as defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(l))).
``(B) Instrumentalities.--The term `eligible
entity' includes public authorities, boards,
commissions, and similar bodies created by 1 or more
eligible entities described in subparagraph (A) to
provide 9-1-1 service, E9-1-1 services, or Next
Generation 9-1-1 services.
``(C) Exception.--The term `eligible entity' does
not include any entity that has failed to submit the
most recently required certification under subsection
(c) within 30 days after the date on which such
certification is due.
``(4) Emergency call.--The term `emergency call' refers to
any real-time communication with a public safety answering
point or other emergency management or response agency,
including--
``(A) through voice, text, or video and related
data; and
``(B) nonhuman-initiated automatic event alerts,
such as alarms, telematics, or sensor data, which may
also include real-time voice, text, or video
communications.
``(5) Next generation 9-1-1 services.--The term `Next
Generation 9-1-1 services' means an IP-based system comprised
of hardware, software, data, and operational policies and
procedures that--
``(A) provides standardized interfaces from
emergency call and message services to support
emergency communications;
``(B) processes all types of emergency calls,
including voice, data, and multimedia information;
``(C) acquires and integrates additional emergency
call data useful to call routing and handling;
``(D) delivers the emergency calls, messages, and
data to the appropriate public safety answering point
and other appropriate emergency entities;
``(E) supports data or video communications needs
for coordinated incident response and management; or
``(F) provides broadband service to public safety
answering points or other first responder entities.
``(6) Office.--The term `Office' means the 9-1-1
Implementation Coordination Office.
``(7) Public safety answering point.--The term `public
safety answering point' has the meaning given the term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
``(8) State.--The term `State' means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and any other territory or possession of the
United States.''.
SEC. 6. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Administrator of General Services, in
conjunction with the Office, shall issue a report to Congress
identifying the 9-1-1 capabilities of the multi-line telephone system
in use by all Federal agencies in all Federal buildings and properties.
(b) Commission Action.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall issue a public
notice seeking comment on the feasibility of requiring MLTS
manufacturers to include within all such systems manufactured
or sold after a date certain, to be determined by the
Commission, one or more mechanisms to provide a sufficiently
precise indication of a 9-1-1 caller's location, while avoiding
the imposition of undue burdens on MLTS manufacturers,
providers, and operators.
(2) Specific requirement.--The public notice under
paragraph (1) shall seek comment on the National Emergency
Number Association's ``Technical Requirements Document On Model
Legislation E9-1-1 for Multi-Line Telephone Systems'' (NENA 06-
750, Version 2).
SEC. 7. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 SERVICE CHARGES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Comptroller General of the United States shall
initiate a study of--
(1) the imposition of taxes, fees, or other charges imposed
by States or political subdivisions of States that are
designated or presented as dedicated to improve emergency
communications services, including 9-1-1 services or enhanced
9-1-1 services, or related to emergency communications services
operations or improvements; and
(2) the use of revenues derived from such taxes, fees, or
charges.
(b) Report.--Not later than 18 months after initiating the study
required by subsection (a), the Comptroller General shall prepare and
submit a report on the results of the study to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives setting forth
the findings, conclusions, and recommendations, if any, of the study,
including--
(1) the identity of each State or political subdivision
that imposes such taxes, fees, or other charges; and
(2) the amount of revenues obligated or expended by that
State or political subdivision for any purpose other than the
purposes for which such taxes, fees, or charges were designated
or presented.
SEC. 8. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT GENERATION 9-
1-1 SERVICE.
(a) Immunity.--A provider or user of Next Generation 9-1-1
services, a public safety answering point, and the officers, directors,
employees, vendors, agents, and authorizing government entity (if any)
of such provider, user, or public safety answering point, shall have
immunity and protection from liability under Federal and State law to
the extent provided in subsection (b) with respect to--
(1) the release of subscriber information related to
emergency calls or emergency services;
(2) the use or provision of 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services; and
(3) other matters related to 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services.
(b) Scope of Immunity and Protection From Liability.--The scope and
extent of the immunity and protection from liability afforded under
subsection (a) shall be the same as that provided under section 4 of
the Wireless Communications and Public Safety Act of 1999 (47 U.S.C.
615a) to wireless carriers, public safety answering points, and users
of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6),
respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect
to such release, use, and other matters.
SEC. 9. COMMISSION PROCEEDING ON AUTODIALING.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commission shall initiate a proceeding to create a
specialized Do-Not-Call registry for public safety answering points.
(b) Features of the Registry.--The Commission shall issue
regulations, after providing the public with notice and an opportunity
to comment, that--
(1) permit verified public safety answering point
administrators or managers to register the telephone numbers of
all 9-1-1 trunks and other lines used for the provision of
emergency services to the public or for communications between
public safety agencies;
(2) provide a process for verifying, no less frequently
than once every 7 years, that registered numbers should
continue to appear upon the registry;
(3) provide a process for granting and tracking access to
the registry by the operators of automatic dialing equipment;
(4) protect the list of registered numbers from disclosure
or dissemination by parties granted access to the registry; and
(5) prohibit the use of automatic dialing or ``robocall''
equipment to establish contact with registered numbers.
(c) Enforcement.--The Commission shall--
(1) establish monetary penalties for violations of the
protective regulations established pursuant to subsection
(b)(4) of not less than $100,000 per incident nor more than
$1,000,000 per incident;
(2) establish monetary penalties for violations of the
prohibition on automatically dialing registered numbers
established pursuant to subsection (b)(5) of not less than
$10,000 per call nor more than $100,000 per call; and
(3) provide for the imposition of fines under paragraphs
(1) or (2) that vary depending upon whether the conduct leading
to the violation was negligent, grossly negligent, reckless, or
willful, and depending on whether the violation was a first or
subsequent offence.
SEC. 10. NHTSA REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF
NEXT GENERATION 9-1-1 SERVICES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the National Highway Traffic Safety
Administration, in consultation with the Commission, the Secretary of
Homeland Security, and the Office, shall prepare and submit a report to
Congress that analyzes and determines detailed costs for specific Next
Generation 9-1-1 service requirements and specifications.
(b) Purpose of Report.--The purpose of the report required under
subsection (a) is to serve as a resource for Congress as it considers
creating a coordinated, long-term funding mechanism for the deployment
and operation, accessibility, application development, equipment
procurement, and training of personnel for Next Generation 9-1-1
services.
(c) Required Inclusions.--The report required under subsection (a)
shall include the following:
(1) How costs would be broken out geographically and/or
allocated among public safety answering points, broadband
service providers, and third-party providers of Next Generation
9-1-1 services.
(2) An assessment of the current state of Next Generation
9-1-1 service readiness among public safety answering points.
(3) How differences in public safety answering points'
access to broadband across the country may affect costs.
(4) A technical analysis and cost study of different
delivery platforms, such as wireline, wireless, and satellite.
(5) An assessment of the architectural characteristics,
feasibility, and limitations of Next Generation 9-1-1 service
delivery.
(6) An analysis of the needs for Next Generation 9-1-1
service of persons with disabilities.
(7) Standards and protocols for Next Generation 9-1-1
service and for incorporating Voice over Internet Protocol and
``Real-Time Text'' standards.
SEC. 11. FCC RECOMMENDATIONS FOR LEGAL AND STATUTORY FRAMEWORK FOR NEXT
GENERATION 9-1-1 SERVICES.
Not later than 1 year after the date of enactment of this Act, the
Commission, in coordination with the Secretary of Homeland Security,
the Administrator of the National Highway Traffic Safety
Administration, and the Office, shall prepare and submit a report to
Congress that contains recommendations for the legal and statutory
framework for Next Generation 9-1-1 services, consistent with
recommendations in the National Broadband Plan developed by the
Commission pursuant to the American Recovery and Reinvestment Act of
2009, including the following:
(1) A legal and regulatory framework for the development of
Next Generation 9-1-1 services and the transition from legacy
9-1-1 to Next Generation 9-1-1 networks.
(2) Legal mechanisms to ensure efficient and accurate
transmission of 9-1-1 caller information to emergency response
agencies.
(3) Recommendations for removing jurisdictional barriers
and inconsistent legacy regulations including--
(A) proposals that would require States to remove
regulatory roadblocks to Next Generation 9-1-1 services
development, while recognizing existing State authority
over 9-1-1 services;
(B) eliminating outdated 9-1-1 regulations at the
Federal level; and
(C) preempting inconsistent State regulations.
<all>