Text: H.R.4829 — 111th Congress (2009-2010)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House (03/11/2010)


111th CONGRESS
2d Session
H. R. 4829


To amend the National Telecommunications and Information Administration Organization Act to enhance and promote the Nation’s public safety and citizen activated emergency response capabilities through the use of 9-1-1 services, to further upgrade public safety answering point capabilities and related functions in receiving 9-1-1 calls, and to support in the construction and operation of a ubiquitous and reliable citizen activated system.


IN THE HOUSE OF REPRESENTATIVES

March 11, 2010

Ms. Eshoo (for herself, Mr. Shimkus, and Mr. Kagen) 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 enhance and promote the Nation’s public safety and citizen activated emergency response capabilities through the use of 9-1-1 services, to further upgrade public safety answering point capabilities and related functions in receiving 9-1-1 calls, and to support in the construction and operation of a ubiquitous and reliable citizen activated system.

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 Preservation Act of 2010”.

SEC. 2. Findings.

The Congress finds that—

(1) for the sake of our Nation’s public safety, a universal emergency telephone 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 where they live, work, and travel;

(2) a successful migration to the Next Generation 9-1-1 communications system 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 or enhanced 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 are increasingly communicating 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 an effective 9-1-1 system;

(7) Federal policies and funding should enable the transition to an Internet Protocol-based (IP-based) Next Generation 9-1-1 system 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 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 a voice-centric 9-1-1 system to an IP-enabled, Next Generation 9-1-1 emergency response system that uses voice, data, and video services that 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 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. 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 E–911 and Next Generation 9-1-1 implementation.

“(a) 9-1-1 Implementation Coordination Office.—

“(1) ESTABLISHMENT AND CONTINUATION.—The Assistant Secretary 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 all 9-1-1 services; and

“(B) create an improved 9-1-1 Implementation Coordination Office to implement the provisions of this section.

“(2) MANAGEMENT PLAN.—The Assistant Secretary shall 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 shall, within 90 days after the date of enactment of the Next Generation 9-1-1 Preservation Act of 2010, 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 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 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 E–911 services and Next Generation 9-1-1 services.

“(b) E–911 and Next Generation 9-1-1 Implementation Grants.—

“(1) MATCHING GRANTS.—The Assistant Secretary, after consultation with the Chairman of the Commission, and acting through the Office, shall provide grants to eligible entities for—

“(A) the implementation and operation of E–911 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 in 9-1-1 services of public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain.

“(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.

“(3) COORDINATION REQUIRED.—In providing grants under paragraph (1), the Assistant Secretary 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 E–911 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 E–911 services and Next Generation 9-1-1 services; and

“(iv) has integrated telecommunications services involved in the implementation and delivery of E–911 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.—Within 120 days after the date of enactment of the Next Generation 9-1-1 Preservation Act of 2010, the Assistant Secretary 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 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 E–911 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 at the time of application, and each applicant that receives such a grant shall certify to the Assistant Secretary 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, 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 Department of Commerce, for the purposes of grants under the program operated under this section, not more than $250,000,000 for each of the fiscal years 2010 through 2015, 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, 2014.

“(e) Definitions.—As used in this Act—

“(1) 9-1-1 SERVICES.—The term 9-1-1 services includes both E–911 services and Next Generation 9-1-1 services.

“(2) E–911 SERVICES.—The term ‘E–911 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 CFR 20.18), as in effect on the date of enactment of the Next Generation 9-1-1 Preservation Act of 2010, 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.—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 or Next Generation 9-1-1 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) EMERGENCY CALL.—The term ‘emergency call’ refers to any real-time communication to a public safety answering point or other emergency management or response agency, including through voice, text, or video and related data and including 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.

“(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. 5. Requirements for multi-line telephone systems.

(a) In general.—Within 270 days after the date of enactment of this Act, the Administrator of General Services, in conjunction with the 9-1-1 Implementation Coordination Office established under section 158 of the National Telecommunications and Information Administration Organization Act, 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.—Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall issue a public notice seeking comment on the feasibility of requiring MLTS operators 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 E–911 for Multi-Line Telephone Systems” (NENA 06–750, Version 2).

(c) Definition.—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 Federal Communications 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.

SEC. 6. GAO study of State and local use of 9-1-1 service charges.

(a) In general.—Within 60 days after the date of enactment of this Act, the Comptroller General 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.—Within 18 months after initiating the study required by subsection (a), the Comptroller General shall transmit 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.


Share This