IB 

Union Calendar No. 187

108TH CONGRESS 

1ST SESSION H. R. 2898

[Report No. 108–311] 

To improve homeland security, public safety, and citizen activated emergency 

response capabilities through the use of enhanced 911 wireless services, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2003

Mr. SHIMKUS (for himself, Ms. ESHOO, Mr. UPTON, Mr. MARKEY, Mr. DINGELL, Mr. TERRY, Mr. TOWNS, Mr. PICKERING, Mr. GILLMOR, Mrs. 

BONO, Mr. WHITFIELD, Ms. SLAUGHTER, Mr. GREEN of Texas, Mr. 

MCHUGH, Mr. HASTINGS of Florida, Mr. KIND, Mr. FRANK of Massachusetts, Mr. WYNN, Mr. GRIJALVA, Mr. FROST, Mr. RUPPERSBERGER, 

Mr. GORDON, Mr. ENGEL, Mr. PETERSON of Pennsylvania, and Mr. STUPAK) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

OCTOBER 14, 2003

Additional sponsors: Mr. FEENEY, Mr. DAVIS of Tennessee, Mr. HOEFFEL, 

Mr. DEUTSCH, Mr. GREENWOOD, Mrs. LOWEY, Mr. ACKERMAN, Mr. 

WELLER, Mr. PETERSON of Minnesota, Ms. MCCARTHY of Missouri, Mr. 

RUSH, Mrs. CUBIN, Mr. WAXMAN, Mr. BROWN of Ohio, Mrs. WILSON of 

New Mexico, Mr. DAVIS of Florida, Mr. STRICKLAND, and Mr. HOLDEN

OCTOBER 14, 2003

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 25, 2003] 

A BILL

To improve homeland security, public safety, and citizen 

activated emergency response capabilities through the use 

of enhanced 911 wireless services, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘E–911 Implementation 

5 Act of 2003’’ . 

6 SEC. 2. COORDINATION OF E–911 IMPLEMENTATION. 

7 Part C of title I of the National Telecommunications 

8 and Information Administration Organization Act (47 

9 U.S.C. 901 et seq.) is amended by adding at the end the 

10 following: 

11 ‘‘SEC. 158. COORDINATION OF E–911 IMPLEMENTATION. 

12 ‘‘(a) E–911 IMPLEMENTATION COORDINATION OF13 FICE.—

14 ‘‘(1) ESTABLISHMENT.—The Assistant Secretary 

15 shall establish an E–911 Implementation Coordina16 tion Office to facilitate coordination and communica17 tion between Federal, State, and local emergency com18 munications systems, emergency personnel, public 
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1 safety organizations, telecommunications carriers, 

2 and telecommunications equipment manufacturers 

3 and vendors involved in the implementation of E–911 

4 services. 

5 ‘‘(2) PURPOSE OF OFFICE.—The Office shall—

6 ‘‘(A) take actions, in concert with coordina7 tors designated in accordance with subsection 

8 (b)(3)(A)(ii), to improve such coordination and 

9 communication; 

10 ‘‘(B) develop, collect, and disseminate infor11 mation concerning practices, procedures, and 

12 technology used in the implementation of E–911 

13 services; 

14 ‘‘(C) advise and assist eligible entities in 

15 the preparation of implementation plans re16 quired under subsection (b)(3)(A)(iii); 

17 ‘‘(D) receive, review, and recommend the 

18 approval or disapproval of applications for 

19 grants under subsection (b); and 

20 ‘‘(E) oversee the use of funds provided by 

21 such grants in fulfilling such implementation 

22 plans. 

23 ‘‘(3) REPORTS.—The Assistant Secretary shall 

24 provide an annual report to Congress by the first day 

25 of October of each year on the activities of the Office 
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1 to improve coordination and communication with re2 spect to the implementation of E–911 services. 

3 ‘‘(b) PHASE II E–911 IMPLEMENTATION GRANTS.—

4 ‘‘(1) MATCHING GRANTS.—The Assistant Sec5 retary, after consultation with the Secretary of Home6 land Security and the Chairman of the Federal Com7 munications Commission, and acting through the Of8 fice, shall provide grants to eligible entities for the 

9 implementation of phase II E–911 services through 

10 planning, infrastructure improvements, telecommuni11 cations equipment purchases, and personnel training. 

12 ‘‘(2) MATCHING REQUIREMENT.—The Federal 

13 share of the cost of a project eligible for a grant under 

14 this section shall not exceed 50 percent. The non-Fed15 eral share of the cost shall be provided from non-Fed16 eral sources. 

17 ‘‘(3) COORDINATION REQUIRED.—In providing 

18 grants under paragraph (1), the Assistant Secretary 

19 shall require an eligible entity to certify in its appli20 cation that—

21 ‘‘(A) in the case of an eligible entity that is 

22 a State government, the entity—

23 ‘‘(i) has coordinated its application 

24 with the public safety answering points (as 

25 such term is defined in section 222(h)(4) of 
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1 the Communications Act of 1934) located 

2 within the jurisdiction of such entity; 

3 ‘‘(ii) has designated a single officer or 

4 governmental body of the entity to serve as 

5 the coordinator of implementation of E–911 

6 services, except that such designation need 

7 not vest such coordinator with direct legal 

8 authority to implement E–911 services or 

9 manage emergency communications oper10 ations; 

11 ‘‘(iii) has established a plan for the co12 ordination and implementation of E–911 

13 services; and 

14 ‘‘(iv) has integrated telecommuni15 cations services involved in the implementa16 tion and delivery of phase II E–911 serv17 ices; or 

18 ‘‘(B) in the case of an eligible entity that is 

19 not a State, the entity has complied with clauses 

20 (i), (iii), and (iv) of subparagraph (A), and the 

21 State in which it is located has complied with 

22 clause (ii) of such subparagraph. 

23 ‘‘(4) CRITERIA.—The Assistant Secretary shall 

24 issue regulations within 180 days of the enactment of 

25 the E–911 Implementation Act of 2003, after a public 
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1 comment period of not less than 60 days, prescribing 

2 the criteria for selection for grants under this section, 

3 and shall update such regulations as necessary. 

4 ‘‘(c) DIVERSION OF E–911 CHARGES.—

5 ‘‘(1) DESIGNATED E–911 CHARGES.—For the 

6 purposes of this subsection, the term ‘designated E–

7 911 charges’ means any taxes, fees, or other charges

8 imposed by a State or other taxing jurisdiction 

9 that—

10 ‘‘(A) appear on telecommunications services 

11 customers’ bills; and 

12 ‘‘(B) are designated or presented as dedi13 cated to deliver or improve E–911 services. 

14 ‘‘(2) CERTIFICATION.—Each applicant for a 

15 matching grant under this section shall certify to the 

16 Assistant Secretary at the time of application, and 

17 each applicant that receives such a grant shall certify 

18 to the Assistant Secretary annually thereafter during 

19 any period of time during which the funds from the 

20 grant are available to the applicant, that no portion 

21 of any designated E–911 charges imposed by a State 

22 or other taxing jurisdiction within which the appli23 cant is located are being obligated or expended for 

24 any purpose other than the purposes for which such 

25 charges are designated or presented. 
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1 ‘‘(3) CONDITION OF GRANT.—Each applicant for 

2 a grant under this section shall agree, as a condition 

3 of receipt of the grant, that if the State or other tax4 ing jurisdiction within which the applicant is located, 

5 during any period of time during which the funds 

6 from the grant are available to the applicant, obli7 gates or expends designated E–911 charges for any 

8 purpose other than the purposes for which such 

9 charges are designated or presented, all of the funds 

10 from such grant shall be returned to the Secretary. 

11 ‘‘(4) PENALTY FOR PROVIDING FALSE INFORMA12 TION.—Any applicant that provides a certification 

13 under paragraph (1) knowing that the information 

14 provided in the certification was false shall—

15 ‘‘(A) not be eligible to receive the grant 

16 under subsection (b); 

17 ‘‘(B) return any grant awarded under sub18 section (b) during the time that the certification 

19 was not valid; and 

20 ‘‘(C) not be eligible to receive any subse21 quent grants under subsection (b). 

22 ‘‘(d) AUTHORIZATION; TERMINATION.—

23 ‘‘(1) AUTHORIZATION.—There are authorized to 

24 be appropriated to the Department of Commerce not 
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1 more than $100,000,000 for each of the fiscal years 

2 2004 through 2008 for grants under this section. 

3 ‘‘(2) TERMINATION.—The provisions of this sec4 tion shall cease to be effective on October 1, 2008. 

5 ‘‘(e) DEFINITIONS.—As used in this section: 

6 ‘‘(1) OFFICE.—The term ‘Office’ means the E–

7 911 Implementation Coordination Office. 

8 ‘‘(2) ELIGIBLE ENTITY.—

9 ‘‘(A) IN GENERAL.—The term ‘eligible enti10 ty’ means a State or local government or a tribal 

11 organization (as defined in section 4(l) of the In12 dian Self-Determination and Education Assist13 ance Act (25 U.S.C. 450b(l))). 

14 ‘‘(B) INSTRUMENTALITIES.—Such term in15 cludes public authorities, boards, commissions, 

16 and similar bodies created by one or more eligi17 ble entities described in subparagraph (A) to 

18 provide E–911 services. 

19 ‘‘(C) EXCEPTION.—Such term does not in20 clude any entity that has failed to submit the 

21 most recently required certification under sub22 section (c) within 30 days after the date on 

23 which such certification is due. 

24 ‘‘(3) E–911 SERVICES.—The term ‘E–911 serv25 ices’ means both phase I and phase II enhanced 911 
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1 services, as described in section 20.18 of the Commis2 sion’s regulations (47 CFR 20.18), as in effect on the 

3 date of enactment of this section, or as subsequently 

4 revised by the Federal Communications Commission. 

5 ‘‘(4) PHASE II E–911 SERVICES.—The term 

6 ‘phase II E–911 services’ means only phase II en7 hanced 911 services, as described in such section 20.18 

8 (47 CFR 20.18), as in effect on such date, or as subse9 quently revised by the Federal Communications Com10 mission.’’. 

11 SEC. 3. REPORT ON THE DEPLOYMENT OF E–911 PHASE II 

12 SERVICES BY TIER III SERVICE PROVIDERS. 

13 Within 90 days after the date of enactment of this Act, 

14 the Federal Communications Commission shall submit a re15 port to the Committee on Energy and Commerce of the 

16 House of Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate detailing—

18 (1) the number of tier III commercial mobile 

19 service providers that are offering phase II E–911 

20 services; 

21 (2) the number of requests for waivers from com22 pliance with the Commission’s phase II E–911 service 

23 requirements received by the Commission from such 

24 tier III providers; 
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1 (3) the number of waivers granted or denied by 

2 the Commission to such tier III providers; 

3 (4) how long each waiver request remained pend4 ing before it was granted or denied; 

5 (5) how many waiver requests are pending at the 

6 time of the filing of the report; 

7 (6) when the pending requests will be granted or 

8 denied; 

9 (7) actions the Commission has taken to reduce 

10 the amount of time a waiver request remains pend11 ing; and 

12 (8) the technologies that are the most effective in 

13 the deployment of phase II E–911 services by such 

14 tier III providers.

Calendar No. 187

108TH CONGRESS 

1ST SESSION H. R. 2898

[Report No. 108–311] 

A BILL

To improve homeland security, public safety, and 

citizen activated emergency response capabilities through the use of enhanced 911 wireless services, and for other purposes. 

OCTOBER 14, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed