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S 1250 IS

To improve, enhance, and promote the Nation's homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 services, to further upgrade Public Safety Answering Point capabilities and related functions in receiving E-911 calls, and to support in the construction and operation of a ubiquitous and reliable citizen activated system and other purposes.

June 12, 2003

Mr. BURNS (for himself and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To improve, enhance, and promote the Nation's homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 services, to further upgrade Public Safety Answering Point capabilities and related functions in receiving E-911 calls, and to support the construction and operation of a ubiquitous and reliable citizen activated system and 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 `Enhanced 911 Emergency Communications Act of 2003'.

SEC. 2. FINDINGS.

The Congress finds that--

(1) for the sake of our Nation's homeland security and public safety, a universal emergency telephone number (911) that is enhanced with the most modern and state-of-the-art telecommunications capabilities possible should be available to all citizens in all regions of the Nation;

(2) enhanced emergency communications require 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 911 services or enhanced 911 should go only for the purposes for which the funds are collected; and

(4) enhanced 911 is a high national priority and it requires Federal leadership, working in cooperation with State and local governments and with the numerous organizations dedicated to delivering emergency communications services.

SEC. 3. PURPOSES.

The purposes of this Act are--

(1) to coordinate emergency communications systems, including 911 services and E-911 services, at the Federal, State, and local levels;

(2) to provide stability and resources to State and local Public Safety Answering Points, to facilitate the prompt deployment of enhanced 911 services throughout the United States in a ubiquitous and reliable infrastructure; and

(3) to ensure that funds collected on telecommunications bills for enhancing emergency 911 services are used only for the purposes for which the funds are being collected.

SEC. 4. EMERGENCY COMMUNICATIONS COORDINATION.

(a) IN GENERAL- 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 EMERGENCY COMMUNICATIONS.

`(a) ESTABLISHMENT OF TASK FORCE- The Assistant Secretary shall establish an Emergency Communications Task Force to facilitate coordination between Federal, State, and local emergency communications systems, emergency personnel, and public safety organizations. The task force shall include the following:

`(1) Representatives from Federal agencies, including--

`(A) the Department of Justice;

`(B) the Department of Homeland Security;

`(C) the Department of Defense;

`(D) the Department of the Interior;

`(E) the Department of Transportation; and

`(F) the Federal Communications Commission;

`(2) State and local first responder agencies;

`(3) national 911 and emergency communications leadership organizations;

`(4) telecommunications industry representatives; and

`(5) other individuals designated by the Assistant Secretary.

`(b) PURPOSE OF TASK FORCE- The task force shall provide advice and recommendations with respect to methods to improve coordination and communications between agencies and organizations involved in emergency

communications, including 911 services to enhance homeland security and public safety.

`(c) REPORTS- The Assistant Secretary shall provide an annual report to Congress by the first day of October of each year on the task force activities and make recommendations on how Federal, State, and local governments and emergency communications organizations can improve coordination and communications.

`(d) MISCELLEANOUS PROVISIONS- Members of the task force shall serve without special compensation with respect to their activities on behalf of the task force.'.

SEC. 5. GRANTS FOR E-911 ENHANCEMENT.

Part C of title I of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901), as amended by section 4, is amended by adding at the end:

`SEC. 159. EMERGENCY COMMUNICATIONS GRANTS.

`(a) MATCHING GRANTS- The Assistant Secretary, after consultation with the Secretary of Homeland Security, shall provide grants to State and local governments and tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))) for the purposes of enhancing emergency communications services through planning, infrastructure improvements, equipment purchases, and personnel training and acquisition.

`(b) 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.

`(c) PREFERENCE- In providing grants under subsection (a), the Assistant Secretary shall give preference to applicants who--

`(1) coordinate their applications with the needs of their public safety answering points; and

`(2) integrate public and commercial communications services involved in the construction, delivery, and improvement of emergency communications, including 911 services.

`(d) CRITERIA- The Assistant Secretary shall issue regulations within 180 days of the enactment of the Enhanced E-911 Emergency Communications 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.

`(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Assistant Secretary not more than $500,000,000 for each fiscal year for grants under this section.'.

SECTION 6. STATE AND LOCAL 911 PRACTICES.

(a) CERTIFICATION- Part IV of title VI of the Communications Act of 1934 (47 U.S.C. 631 et seq.) is amended by adding at the end the following:

`SEC. 642. DIVERSION OF 911 FUNDS.

`(a) IN GENERAL-

`(1) ASSESSMENT AND AUDIT- The Commission shall review, no less frequently than twice a year--

`(A) the imposition of taxes, fees, or other charges imposed by States or political subdivisions of States that--

`(i) appear on telecommunications services customers' bills; and

`(ii) are designated or presented as dedicated to improve emergency communications services, including 911 services or enhanced 911 services, or related to emergency communications services operations or improvements; and

`(B) the use of revenues derived from such taxes, fees, or charges.

`(2) CERTIFICATION- Each State shall certify annually to the Commission that no portion of the revenues derived from such taxes, fees, or charges have been obligated or expended for any purpose other than the purposes for which such taxes, fees, or charges are designated or presented.

`(b) NOTIFICATION OF CONGRESS AND THE PUBLIC- If the Commission fails to receive the certification described in subsection (a)(2), then, within 30 days after the date on which such certification was due, the Commission shall cause to be published in the Federal Register, and notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce of--

`(1) the identity of each State or political subdivision that failed to make the certification; 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.

`(c) WITHHOLDING OF FUNDS- Notwithstanding any other provision of law, the Assistant Secretary shall withhold any Federal grant funds that would otherwise be made available under section 159 of the National Telecommunications and Information Administration Organization Act to a State or political subdivision identified by the Commission under subsection (b)(1) in an amount not to exceed twice the amount described in subsection (b)(2). In lieu of withholding grant funds under this subsection, the Secretary may require a State or political subdivision to repay to the Secretary the appropriate amount of funds already disbursed to that State or political subdivision.'.

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