H. R. 2629
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
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.
This Act may be cited as the
Next Generation 9–1–1 Advancement Act
Congress finds that—
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;
a successful migration to Next Generation 9–1–1 service communications systems will require greater Federal, State, and local government resources and coordination;
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;
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;
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;
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;
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
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.
The purposes of this Act are—
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;
to ensure that technologically advanced 9–1–1 and emergency communications systems are universally available and adequately funded to serve all Americans; and
to ensure that all 9–1–1 and emergency response organizations have access to—
high-speed broadband networks;
interconnected IP backbones; and
innovative services and applications.
In this Act, the following definitions shall apply:
9–1–1 services, E9–1–1 services, Next Generation 9–1–1 services
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.
Commission means the Federal Communications
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.
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.
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).
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:
Coordination of 9–1–1, E9–1–1 and next generation 9–1–1 implementation
9–1–1 Implementation Coordination Office
Establishment and continuation
The Assistant Secretary and the Administrator of the National Highway Traffic Safety Administration shall—
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
establish a 9–1–1 Implementation Coordination Office to implement the provisions of this section.
The Assistant Secretary and the Administrator shall develop a management plan for the grant program established under this section, including by developing—
plans related to the organizational structure of such program; and
funding profiles for each fiscal year of the 5-year duration of such program.
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—
the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and
the Committees on Energy and Commerce and Appropriations of the House of Representatives.
Purpose of office
The Office shall—
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;
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;
advise and assist eligible entities in the preparation of implementation plans required under subsection (b)(3)(A)(iii);
receive, review, and recommend the approval or disapproval of applications for grants under subsection (b); and
oversee the use of funds provided by such grants in fulfilling such implementation plans.
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.
9–1–1, E9–1–1 and Next Generation 9–1–1 Implementation Grants
The Assistant Secretary and the Administrator, acting through the Office, shall provide grants to eligible entities for—
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;
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
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.
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.
In providing grants under paragraph (1), the Assistant Secretary and the Administrator shall require an eligible entity to certify in its application that—
in the case of an eligible entity that is a State government, the entity—
has coordinated its application with the public safety answering points located within the jurisdiction of such entity;
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;
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
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
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.
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.
Diversion of 9–1–1 Charges
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.
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.
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.
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—
not be eligible to receive the grant under subsection (b);
return any grant awarded under subsection (b) during the time that the certification was not valid; and
not be eligible to receive any subsequent grants under subsection (b).
Authorization and termination
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.
Effective on October 1, 2017, the authority provided by this section terminates and this section shall have no effect.
In this section, the following definitions shall apply:
The term 9–1–1 services includes both E9–1–1 services and Next Generation 9–1–1 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.
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))).
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.
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.
The term emergency call refers to any real-time communication with a public safety answering point or other emergency management or response agency, including—
through voice, text, or video and related data; and
nonhuman-initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications.
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—
provides standardized interfaces from emergency call and message services to support emergency communications;
processes all types of emergency calls, including voice, data, and multimedia information;
acquires and integrates additional emergency call data useful to call routing and handling;
delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities;
supports data or video communications needs for coordinated incident response and management; or
provides broadband service to public safety answering points or other first responder entities.
The term Office means the 9–1–1 Implementation Coordination Office.
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).
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.
Requirements for multi-line telephone systems
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.
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.
The public notice under paragraph (1) shall seek
comment on the National Emergency Number Association's
Requirements Document On Model Legislation E9–1–1 for Multi-Line Telephone
Systems (NENA 06–750, Version 2).
GAO study of State and local use of 9–1–1 service charges
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—
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
the use of revenues derived from such taxes, fees, or charges.
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—
the identity of each State or political subdivision that imposes such taxes, fees, or other charges; and
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.
Parity of protection for provision or use of next generation 9–1–1 service
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—
the release of subscriber information related to emergency calls or emergency services;
the use or provision of 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 services; and
other matters related to 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 services.
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.
Commission proceeding on autodialing
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.
Features of the registry
The Commission shall issue regulations, after providing the public with notice and an opportunity to comment, that—
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;
provide a process for verifying, no less frequently than once every 7 years, that registered numbers should continue to appear upon the registry;
provide a process for granting and tracking access to the registry by the operators of automatic dialing equipment;
protect the list of registered numbers from disclosure or dissemination by parties granted access to the registry; and
prohibit the use
of automatic dialing or
robocall equipment to establish contact
with registered numbers.
The Commission shall—
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;
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
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.
NHTSA report on costs for requirements and specifications of Next Generation 9–1–1 services
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.
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.
The report required under subsection (a) shall include the following:
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.
An assessment of the current state of Next Generation 9–1–1 service readiness among public safety answering points.
How differences in public safety answering points’ access to broadband across the country may affect costs.
A technical analysis and cost study of different delivery platforms, such as wireline, wireless, and satellite.
An assessment of the architectural characteristics, feasibility, and limitations of Next Generation 9–1–1 service delivery.
An analysis of the needs for Next Generation 9–1–1 service of persons with disabilities.
protocols for Next Generation 9–1–1 service and for incorporating Voice over
Internet Protocol and
Real-Time Text standards.
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:
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.
Legal mechanisms to ensure efficient and accurate transmission of 9–1–1 caller information to emergency response agencies.
Recommendations for removing jurisdictional barriers and inconsistent legacy regulations including—
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;
eliminating outdated 9–1–1 regulations at the Federal level; and
preempting inconsistent State regulations.