article: SECTION 1. SHORT TITLE. This Act may be cited as the ``E-911 Implementation Act of 2003''. SEC. 2. COORDINATION OF E-911 IMPLEMENTATION. Part C of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following: ``SEC. 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 of phase II E-911 services through planning, infrastructure improvements, telecommunications equipment purchases, and personnel training. ``(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 of the enactment of the E-911 Implementation 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. ``(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-- ``(A) appear on telecommunications services customers' bills; and ``(B) 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. ``(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 $100,000,000 for each of the fiscal years 2004 through 2008. ``(2) Termination.--The provisions of this section shall cease to be effective on October 1, 2008. ``(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 CFR 20.18), as in effect on the date of enactment of this section, 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 CFR 20.18), as in effect on such date, or as subsequently revised by the Federal Communications Commission.''. SEC. 3. REPORT ON THE DEPLOYMENT OF E-911 PHASE II SERVICES BY TIER III SERVICE PROVIDERS. Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing-- (1) the number of tier III commercial mobile service providers that are offering phase II E-911 services; (2) the number of requests for waivers from compliance with the Commission's phase II E-911 service requirements received by the Commission from such tier III providers; (3) the number of waivers granted or denied by the Commission to such tier III providers; (4) how long each waiver request remained pending before it was granted or denied; (5) how many waiver requests are pending at the time of the filing of the report; (6) when the pending requests will be granted or denied; (7) actions the Commission has taken to reduce the amount of time a waiver request remains pending; and (8) the technologies that are the most effective in the deployment of phase II E-911 services by such tier III providers. Passed the House of Representatives November 4, 2003. Attest: JEFF TRANDAHL, Clerk.
summary: E-911 Implementation Act of 2003 - Amends the National Telecommunications and Information Administration Organization Act to direct the Assistant Secretary of Commerce for Communications and Information and the Administrator of the National Highway Traffic Safety Administration to: (1) establish a joint program to facilitate coordination 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 (enhanced emergency) services; (2) create an E-911 Implementation Coordination Office to implement such program; and (3) develop a management plan for such program. Requires annual reports from the Assistant Secretary and the Administrator to Congress on Office activities. Directs the Assistant Secretary and the Administrator to provide grants to eligible entities (States, local governments, tribal organizations) for the implementation of phase II E-911 services through planning, infrastructure improvements, telecommunications equipment purchases, and personnel training. Limits the Federal share of project costs to 50 percent. Outlines entity participation requirements. Requires each grant applicant to: (1) certify to the Assistant Secretary and the Administrator, at the time of application and annually thereafter if receiving such a grant, that no portion of designated E-911 charges (taxes or fees designated or presented to deliver or improve E-911 services) imposed by a State or other taxing jurisdiction is being obligated or expended for any other purpose; and (2) agree that if such charges are used for any other purpose, all of the grant funds shall be returned. Authorizes appropriations to the Department of Transportation for such grants. Terminates the grant program on October 1, 2008. Requires a report from the Federal Communications Commission to specified congressional committees on the deployment of E-911 Phase II services by Tier III service providers.