U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 110TH CONGRESS

1st Session 

REPORT

2007

110–38 

Calendar No. 86 

911 MODERNIZATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 93 

MARCH 26, 2007.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

FIRST SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

TED STEVENS, Alaska, Vice-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

MARGARET SPRING, General Counsel 

CHRISTINE KURTH, Republican Staff Director and Chief Counsel 

KENNETH NAHIGIAN, Republican Deputy Staff Director 


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Calendar No. 86 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–38 

911 MODERNIZATION ACT 

MARCH 26, 2007.—Ordered to be printed 

Mr. INOUYE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 93] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 93) to authorize NTIA to borrow 

against anticipated receipts of the Digital Television Transition and 

Public Safety Fund to initiate migration to a national IP-enabled 

emergency network capable of receiving and responding to all citizen activated emergency communications, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 93 is to expedite upgrades to the 9–1–1 emergency systems of public safety answering points (PSAPs) and to improve the Nation’s 9–1–1 infrastructure. 

BACKGROUND AND NEEDS

The grave tragedies of September 11, 2001, and hurricanes 

Katrina and Rita have highlighted the importance of 9–1–1 as an 

essential link between public safety personnel and the public. 9–1–

1 calls save lives on a daily basis with an estimated 200 million 

such calls made within the United States each year. 

Digital technologies allow 9–1–1 callers to transmit additional information to public safety officials in connection with a 9–1–1 call 

such as the caller’s location and telephone number. However, in 

order to use such information, PSAPs must have access to upgraded 9–1–1 systems that are capable of receiving such life-saving 

information. Too often, PSAPs lack funding to make such upgrades. 

The National Emergency Number Association reports that 20 perVerDate Aug 31 2005 04:32 Mar 29, 2007 Jkt 059010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR038.XXX SR038

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cent of the Nation’s PSAPs do not have enhanced 9–1–1 (E–911) 

capability, which represents 50 percent of the Nation’s counties. 

In December 2004, Congress enacted the ENHANCE 911 Act of 

2004 to accelerate the deployment of lifesaving, E–911 technology, 

which helps first responders pinpoint the location of individuals in 

need of emergency assistance. As part of that Act, Congress authorized a new $250 million grant program over 5 years to assist 

PSAPs in upgrading their 9–1–1 systems to receive E–911 location 

data from wireless callers dialing 9–1–1. 

Subsequently, Congress provided funding for this grant program 

as part of the Deficit Reduction Act of 2005, which directed the Assistant Secretary of Commerce for Communications and Information to use $43.5 million from spectrum auction revenues—deposited in the Digital Television Transition and Public Safety Fund— to implement the ENHANCE 911 Act of 2004. However, under current law, these funds will not be available for use until after the 

auction occurs and sufficient revenues are deposited into the Digital Television Transition and Public Safety Fund. S. 93 would 

eliminate this temporary delay by allowing the Assistant Secretary 

to borrow against these anticipated receipts upon enactment of this 

legislation. 

SUMMARY OF PROVISIONS

The bill, S. 93, would allow the Assistant Secretary of the National Telecommunications and Information Administration to borrow funds from the Treasury to implement the ENHANCE 911 Act. 

The bill also would provide priority funding for applications covering areas for which no 9–1–1 service currently exists. 

LEGISLATIVE HISTORY

The 9–1–1 Modernization Act was introduced by Senator Stevens 

on January 4, 2007, and is cosponsored by Senators Clinton, 

Hutchison, Snowe, and Vitter. On February 13, 2007, the Committee held an Executive Session during which S. 93 was considered and ordered to be reported without amendment. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

FEBRUARY 26, 2007. 

Hon. DANIEL K. INOUYE, 

Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 93, the 911 Modernization 

Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 


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S. 93—911 Modernization Act 

Summary: S. 93 would allow the National Telecommunications 

and Information Agency (NTIA) to borrow up to $44 million from 

the U.S. Treasury in 2007 to carry out provisions of title III of the 

Deficit Reduction Act of 2005 (Public Law 109–171) concerning 

emergency communications services. The Secretary would repay 

any borrowing with proceeds from the government’s planned 2008 

auctions of the electromagnetic spectrum. The Deficit Reduction 

Act authorized spending of up to $44 million in 2008, to be derived 

from auction proceeds, to provide grants to state and local governments and tribal organizations for improving emergency communications services. 

CBO estimates that using the borrowing authority provided by S. 

93 would cause spending for this purpose to commence in 2007 instead of 2008. We estimate that outlays would rise by $1 million 

in 2007. The bill would thus increase direct spending in fiscal year 

2007 and reduce direct spending in fiscal year 2008. We expect that 

total direct spending by NTIA over the two years would remain unchanged under the bill. 

S. 93 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. 

Estimated cost to the federal government: The estimated budgetary impact of S. 93 is shown in the following table. The costs of 

this legislation fall within budget function 370 (commerce and 

housing credit). 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 2012 

CHANGES IN DIRECT SPENDING 

Estimated Budget Authority 1 ....................................................... 44 ¥44 0 0 0 0 

Estimated Outlays ........................................................................ 1 ¥1 0 0 0 0 

1 Implementing S. 93 also could increase spending subject to appropriation, but CBO estimates that any such effects would be less than $500,000 a year. 

Basis of estimate: Under current law, NTIA is authorized to 

make grants to state and local governments and tribal organizations to improve the implementation and coordination of emergency 

communication services (known as E–911 services). Funding for the 

grants is to be derived from proceeds of the government’s planned 

2008 auction of electromagnetic spectrum. S. 93 would authorize 

NTIA to borrow up to $44 million in 2007 and repay the borrowed 

funds with proceeds from the spectrum auction as they are received. 

CBO estimates that providing borrowing authority in 2007 would 

allow NTIA to start entering into agreements with state and local 

governments prior to 2008. Direct spending would increase by $1 

million in 2007 to cover administrative costs. That spending would 

be offset by a decrease of $1 million in direct spending in 2008. Accordingly, CBO estimates that there would be no net change in direct spending over the two years—and no impact on the budget 

after 2008. 

S. 93 also would require NTIA to amend the criteria for awarding E–911 grants to give priority to emergency call centers that are 

incapable of receiving 911 calls. CBO estimates that the cost of 


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issuing regulations to amend those criteria would be insignificant 

and would be subject to the availability of appropriated funds. 

Intergovernmental and private-sector impact: S. 93 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Susan Willie; Impact on 

State, Local, and Tribal Governments: Sarah Puro; Impact on the 

Private Sector: Fatimot Ladipo. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The bill would expedite the funding of grants authorized under 

the ENHANCE 911 Act to PSAPs for 9–1–1 system upgrades and 

would improve coordination between local, State and Federal officials. There are an estimated 200 million 9–1–1 calls made in the 

United States each year. The bill would not expand the scope of the 

ENHANCE 911 Act and would not increase the number of persons 

covered by the ENHANCE 911 Act. 

ECONOMIC IMPACT

S. 93 would not have an adverse economic impact on the Nation’s 

economy. The Act would provide funding for the implementation of 

E–911 services and for better coordination. As a result, the bill 

should enhance public safety and increase 9–1–1 efficiency. 

PRIVACY

The reported bill would not impact the personal privacy of U.S. 

citizens. 

PAPERWORK

The reported bill should not significantly increase paperwork requirements for individuals and businesses. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide the short title, ‘‘911 Modernization 

Act’’. 

Section 2. Funding for program 

This section would accelerate funding for the ENHANCE 911 

Act, enacted in 2004, by allowing the Assistant Secretary of Commerce for Communication and Infrastructure to borrow funds from 

the Treasury in advance of the digital television (DTV) spectrum 

auction and the collection of auction revenues. 


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Section 3. NTIA coordination of E–911 implementation. 

This section would require the NTIA to give priority to applications from public safety answering points that were not capable of 

receiving 9–1–1 calls as of the date of enactment of the ENHANCE 

911 Act, so long as the application is consistent with the other eligibility criteria. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY 

ACT OF 2005 

[47 U.S.C. 309 note] 

SEC. 3011. ENHANCE 911. 

øThe¿ (a) IN GENERAL.—The Assistant Secretary shall make pay- ments of not to exceed $43,500,000, in the aggregate, from the Digital Television Transition and Public Safety Fund established 

under section 309(j)(8)(E) of the Communications Act of 1934 (47 

U.S.C. 309(j)(8)(E)) to implement the ENHANCE 911 Act of 2004. 

(b) CREDIT.—The Assistant Secretary may borrow from the Treasury, upon enactment of this provision, such sums as necessary, but 

not to exceed $43,500,000 to implement this section. The Assistant 

Secretary shall reimburse the Treasury, without interest, as funds 

are deposited into the Digital Television Transition and Public 

Safety Fund. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION 

ADMINISTRATION ORGANIZATION ACT 

[47 U.S.C. 942] 

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 enactVerDate Aug 31 2005 04:32 Mar 29, 2007 Jkt 059010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\SR038.XXX SR038

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ment 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 and operation 

of Phase II E–911 services. 

(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 


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(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 after the 

date of enactment of the ENHANCE 911 Act of 2004, 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. The criteria shall include performance requirements and a timeline for completion 

of any project to be financed by a grant under this section. 

Within 180 days after the date of enactment of the 911 Modernization Act, the Assistant Secretary and the Administrator 

shall jointly issue regulations updating the criteria to provide 

priority for public safety answering points not capable, as of the 

date of enactment of that Act, of receiving 911 calls. 

(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 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 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 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); 


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(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 

$250,000,000 for each of the fiscal years 2005 through 2009, 

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, 2009. 

(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 C.F.R. 20.18), 

as in effect on the date of enactment of the ENHANCE 911 Act 

of 2004, 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 C.F.R. 20.18), as in effect on 

such date, or as subsequently revised by the Federal Communications Commission. 

(6) STATE.—The term ‘‘State’’ means any State of the United 

States, the District of Columbia, Puerto Rico, the Northern 

Mariana Islands, and any territory or possession of the United 

States. 

Æ 


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