I 

111TH CONGRESS 

2D SESSION H. R. 4829 

To amend the National Telecommunications and Information Administration 

Organization Act to enhance and promote the Nation’s public safety 

and citizen activated emergency response capabilities through the use 

of 9-1-1 services, to further upgrade public safety answering point capabilities and related functions in receiving 9-1-1 calls, and to support 

in the construction and operation of a ubiquitous and reliable citizen 

activated system. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2010 

Ms. ESHOO (for herself, Mr. SHIMKUS, and Mr. KAGEN) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the National Telecommunications and Information 

Administration Organization Act to enhance and promote 

the Nation’s public safety and citizen activated emergency response capabilities through the use of 9-1-1 services, to further upgrade public safety answering point 

capabilities and related functions in receiving 9-1-1 calls, 

and to support in the construction and operation of 

a ubiquitous and reliable citizen activated system. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Next Generation 9- 

3 1-1 Preservation Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds that— 

6 (1) for the sake of our Nation’s public safety, 

7 a universal emergency telephone number (9-1-1) 

8 that is enhanced with the most modern and state-of9 the-art telecommunications capabilities possible, in10 cluding voice, data, and video communications, 

11 should be available to all citizens where they live, 

12 work, and travel; 

13 (2) a successful migration to the Next Genera14 tion 9-1-1 communications system will require great15 er Federal, State, and local government resources 

16 and coordination; 

17 (3) any funds that are collected from fees im18 posed on consumer bills for the purposes of funding 

19 9-1-1 services or enhanced 9-1-1 services should only 

20 be used for the purposes for which the funds are col21 lected; 

22 (4) it is a national priority to foster the migra23 tion from analog, voice-centric 9-1-1 and current 

24 generation emergency communications systems to a 

25 21st century, Next Generation, IP-based emergency 


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1 services model that embraces a wide range of voice, 

2 video, and data applications; 

3 (5) ensuring 9-1-1 access for all citizens in4 cludes improving access to 9-1-1 systems for the 

5 deaf, hard of hearing, deaf-blind, and individuals 

6 with speech disabilities, who are increasingly com7 municating with non-traditional text, video, and in8 stant messaging communications services and who 

9 expect those services to be able to connect directly 

10 to 9-1-1 systems; 

11 (6) a coordinated public educational effort on 

12 current and emerging 9-1-1 system capabilities and 

13 proper use of the 9-1-1 system is essential to the op14 eration of an effective 9-1-1 system; 

15 (7) Federal policies and funding should enable 

16 the transition to an Internet Protocol-based (IP17 based) Next Generation 9-1-1 system and Federal 9- 

18 1-1 and emergency communications laws and regula19 tions must keep pace with rapidly changing tech20 nology to ensure an open and competitive 9-1-1 envi21 ronment based on the most advanced technology 

22 available; and 

23 (8) Federal policies and grant programs should 

24 reflect the growing convergence and integration of 

25 emergency communications technology, such that 


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1 State interoperability plans and Federal funding in 

2 support of such plans is made available for all as3 pects of Next Generation 9-1-1 and emergency com4 munications systems. 

5 SEC. 3. PURPOSES. 

6 The purposes of this Act are— 

7 (1) to focus Federal policies and funding pro8 grams to ensure a successful migration from a voice9 centric 9-1-1 system to an IP-enabled, Next Genera10 tion 9-1-1 emergency response system that uses 

11 voice, data, and video services that greatly enhance 

12 the capability of 9-1-1 and emergency response serv13 ices; 

14 (2) to ensure that technologically advanced 9-1- 

15 1 and emergency communications systems are uni16 versally available and adequately funded to serve all 

17 Americans; and 

18 (3) to ensure all 9-1-1 and emergency response 

19 organizations have access to— 

20 (A) high-speed broadband networks; 

21 (B) interconnected IP backbones; and 

22 (C) innovative services and applications. 


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1 SEC. 4. COORDINATION OF 9-1-1 IMPLEMENTATION. 

2 Section 158 of the National Telecommunications and 

3 Information Administration Organization Act (47 U.S.C. 

4 942) is amended to read as follows: 

5 ‘‘SEC. 158. COORDINATION OF E–911 AND NEXT GENERA6 TION 9-1-1 IMPLEMENTATION. 

7 ‘‘(a) 9-1-1 IMPLEMENTATION COORDINATION OF8 FICE.— 

9 ‘‘(1) ESTABLISHMENT AND CONTINUATION.— 

10 The Assistant Secretary shall— 

11 ‘‘(A) establish and further a program to 

12 facilitate coordination and communication be13 tween Federal, State, and local emergency com14 munications systems, emergency personnel, 

15 public safety organizations, telecommunications 

16 carriers, and telecommunications equipment 

17 manufacturers and vendors involved in the im18 plementation of all 9-1-1 services; and 

19 ‘‘(B) create an improved 9-1-1 Implemen20 tation Coordination Office to implement the 

21 provisions of this section. 

22 ‘‘(2) MANAGEMENT PLAN.—The Assistant Sec23 retary shall develop a management plan for the pro24 gram established under this section. Such plan shall 

25 include the organizational structure and funding 

26 profiles for the 5-year duration of the program. The 


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1 Assistant Secretary shall, within 90 days after the 

2 date of enactment of the Next Generation 9-1-1 

3 Preservation Act of 2010, submit the management 

4 plan to the Committees on Energy and Commerce 

5 and Appropriations of the House of Representatives 

6 and the Committees on Commerce, Science, and 

7 Transportation and Appropriations of the Senate. 

8 ‘‘(3) PURPOSE OF OFFICE.—The Office shall— 

9 ‘‘(A) take actions, in concert with coordi10 nators designated in accordance with subsection 

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

12 communication; 

13 ‘‘(B) develop, collect, and disseminate in14 formation concerning practices, procedures, and 

15 technology used in the implementation of E– 

16 911 services and Next Generation 9-1-1 serv17 ices; 

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

19 the preparation of implementation plans re20 quired under subsection (b)(3)(A)(iii); 

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

22 approval or disapproval of applications for 

23 grants under subsection (b); and 


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

2 such grants in fulfilling such implementation 

3 plans. 

4 ‘‘(4) REPORTS.—The Assistant Secretary shall 

5 provide an annual report to Congress by the first 

6 day of October of each year on the activities of the 

7 Office to improve coordination and communication 

8 with respect to the implementation of E–911 serv9 ices and Next Generation 9-1-1 services. 

10 ‘‘(b) E–911 AND NEXT GENERATION 9-1-1 IMPLE11 MENTATION GRANTS.— 

12 ‘‘(1) MATCHING GRANTS.—The Assistant Sec13 retary, after consultation with the Chairman of the 

14 Commission, and acting through the Office, shall 

15 provide grants to eligible entities for— 

16 ‘‘(A) the implementation and operation of 

17 E–911 services, migration to an IP-enabled 

18 emergency network, and adoption and operation 

19 of Next Generation 9-1-1 services and applica20 tions; 

21 ‘‘(B) the implementation of IP-enabled 

22 emergency services and applications enabled by 

23 Next Generation 9-1-1 services, including the 

24 establishment of IP backbone networks and the 

25 application layer software infrastructure needed 


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1 to interconnect the multitude of emergency re2 sponse organizations; and 

3 ‘‘(C) training in 9-1-1 services of public 

4 safety personnel, including call-takers, first re5 sponders, and other individuals and organiza6 tions who are part of the emergency response 

7 chain. 

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

9 share of the cost of a project eligible for a grant 

10 under this section shall not exceed 80 percent. The 

11 non-Federal share of the cost shall be provided from 

12 non-Federal sources unless waived by the Assistant 

13 Secretary. 

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

15 grants under paragraph (1), the Assistant Secretary 

16 shall require an eligible entity to certify in its appli17 cation that— 

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

19 is a State government, the entity— 

20 ‘‘(i) has coordinated its application 

21 with the public safety answering points lo22 cated within the jurisdiction of such entity; 

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

24 governmental body of the entity to serve as 

25 the coordinator of implementation of 9-1-1 


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1 services, except that such designation need 

2 not vest such coordinator with direct legal 

3 authority to implement E–911 services or 

4 Next Generation 9-1-1 services or to man5 age emergency communications operations; 

6 ‘‘(iii) has established a plan for the 

7 coordination and implementation of E–911 

8 services and Next Generation 9-1-1 serv9 ices; and 

10 ‘‘(iv) has integrated telecommuni11 cations services involved in the implemen12 tation and delivery of E–911 services and 

13 Next Generation 9-1-1 services; or 

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

15 is not a State, the entity has complied with 

16 clauses (i), (iii), and (iv) of subparagraph (A), 

17 and the State in which it is located has com18 plied with clause (ii) of such subparagraph. 

19 ‘‘(4) CRITERIA.—Within 120 days after the 

20 date of enactment of the Next Generation 9-1-1 

21 Preservation Act of 2010, the Assistant Secretary 

22 shall issue regulations, after providing the public 

23 with notice and an opportunity to comment, pre24 scribing the criteria for selection for grants under 

25 this section. The criteria shall include performance 


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1 requirements and a timeline for completion of any 

2 project to be financed by a grant under this section. 

3 The Assistant Secretary shall update such regula4 tions as necessary. 

5 ‘‘(c) DIVERSION OF 9-1-1 CHARGES.— 

6 ‘‘(1) DESIGNATED 9-1-1 CHARGES.—For the 

7 purposes of this subsection, the term ‘designated 9- 

8 1-1 charges’ means any taxes, fees, or other charges 

9 imposed by a State or other taxing jurisdiction that 

10 are designated or presented as dedicated to deliver 

11 or improve E–911 services or Next Generation 9-1- 

12 1 services. 

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

14 matching grant under this section shall certify to the 

15 Assistant Secretary at the time of application, and 

16 each applicant that receives such a grant shall cer17 tify to the Assistant Secretary annually thereafter 

18 during any period of time during which the funds 

19 from the grant are available to the applicant, that 

20 no portion of any designated 9-1-1 charges imposed 

21 by a State or other taxing jurisdiction within which 

22 the applicant is located are being obligated or ex23 pended for any purpose other than the purposes for 

24 which such charges are designated or presented dur25 ing the period beginning 180 days immediately preVerDate Nov 24 2008 01:25 Mar 13, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4829.IH H4829

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1 ceding the date of the application and continuing 

2 through the period of time during which the funds 

3 from the grant are available to the applicant. 

4 ‘‘(3) CONDITION OF GRANT.—Each applicant 

5 for a grant under this section shall agree, as a con6 dition of receipt of the grant, that if the State or 

7 other taxing jurisdiction within which the applicant 

8 is located, during any period of time during which 

9 the funds from the grant are available to the appli10 cant, obligates or expends designated 9-1-1 charges 

11 for any purpose other than the purposes for which 

12 such charges are designated or presented, all of the 

13 funds from such grant shall be returned to the Of14 fice. 

15 ‘‘(4) PENALTY FOR PROVIDING FALSE INFOR16 MATION.—Any applicant that provides a certification 

17 under paragraph (1) knowing that the information 

18 provided in the certification was false shall— 

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

20 under subsection (b); 

21 ‘‘(B) return any grant awarded under sub22 section (b) during the time that the certification 

23 was not valid; and 

24 ‘‘(C) not be eligible to receive any subse25 quent grants under subsection (b). 


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1 ‘‘(d) AUTHORIZATION AND TERMINATION.— 

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

3 be appropriated to the Department of Commerce, for 

4 the purposes of grants under the program operated 

5 under this section, not more than $250,000,000 for 

6 each of the fiscal years 2010 through 2015, not 

7 more than 5 percent of which for any fiscal year 

8 may be obligated or expended for administrative 

9 costs. 

10 ‘‘(2) TERMINATION.—The provisions of this 

11 section shall cease to be effective on October 1, 

12 2014. 

13 ‘‘(e) DEFINITIONS.—As used in this Act— 

14 ‘‘(1) 9-1-1 SERVICES.—The term 9-1-1 services 

15 includes both E–911 services and Next Generation 

16 9-1-1 services. 

17 ‘‘(2) E–911 SERVICES.—The term ‘E–911 serv18 ices’ means both phase I and phase II enhanced 9- 

19 1-1 services, as described in section 20.18 of the 

20 Commission’s regulations (47 CFR 20.18), as in ef21 fect on the date of enactment of the Next Genera22 tion 9-1-1 Preservation Act of 2010, or as subse23 quently revised by the Commission. 

24 ‘‘(3) ELIGIBLE ENTITY.— 


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1 ‘‘(A) IN GENERAL.—The term ‘eligible en2 tity’ means a State or local government or a 

3 tribal organization (as defined in section 4(l) of 

4 the Indian Self-Determination and Education 

5 Assistance Act (25 U.S.C. 450b(l))). 

6 ‘‘(B) INSTRUMENTALITIES.—Such term in7 cludes public authorities, boards, commissions, 

8 and similar bodies created by one or more eligi9 ble entities described in subparagraph (A) to 

10 provide E–911 services or Next Generation 9-1- 

11 1 services. 

12 ‘‘(C) EXCEPTION.—Such term does not in13 clude any entity that has failed to submit the 

14 most recently required certification under sub15 section (c) within 30 days after the date on 

16 which such certification is due. 

17 ‘‘(4) EMERGENCY CALL.—The term ‘emergency 

18 call’ refers to any real-time communication to a pub19 lic safety answering point or other emergency man20 agement or response agency, including through 

21 voice, text, or video and related data and including 

22 nonhuman-initiated automatic event alerts, such as 

23 alarms, telematics, or sensor data, which may also 

24 include real-time voice, text, or video communica25 tions. 


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1 ‘‘(5) NEXT GENERATION 9-1-1 SERVICES.—The 

2 term ‘Next Generation 9-1-1 services’ means an IP3 based system comprised of hardware, software, data, 

4 and operational policies and procedures that— 

5 ‘‘(A) provides standardized interfaces from 

6 emergency call and message services to support 

7 emergency communications; 

8 ‘‘(B) processes all types of emergency calls, 

9 including voice, data, and multimedia informa10 tion; 

11 ‘‘(C) acquires and integrates additional 

12 emergency call data useful to call routing and 

13 handling; 

14 ‘‘(D) delivers the emergency calls, mes15 sages, and data to the appropriate public safety 

16 answering point and other appropriate emer17 gency entities; 

18 ‘‘(E) supports data or video communica19 tions needs for coordinated incident response 

20 and management; or 

21 ‘‘(F) provides broadband service to public 

22 safety answering points or other first responder 

23 entities. 

24 ‘‘(6) OFFICE.—The term ‘Office’ means the 9- 

25 1-1 Implementation Coordination Office. 


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1 ‘‘(7) PUBLIC SAFETY ANSWERING POINT.—The 

2 term ‘public safety answering point’ has the meaning 

3 given the term in section 222 of the Communica4 tions Act of 1934. 

5 ‘‘(8) STATE.—The term ‘State’ means any 

6 State of the United States, the District of Columbia, 

7 Puerto Rico, American Samoa, Guam, the United 

8 States Virgin Islands, the Northern Mariana Is9 lands, and any other territory or possession of the 

10 United States.’’. 

11 SEC. 5. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYS12 TEMS. 

13 (a) IN GENERAL.—Within 270 days after the date 

14 of enactment of this Act, the Administrator of General 

15 Services, in conjunction with the 9-1-1 Implementation 

16 Coordination Office established under section 158 of the 

17 National Telecommunications and Information Adminis18 tration Organization Act, shall issue a report to Congress 

19 identifying the 9-1-1 capabilities of the multi-line tele20 phone system in use by all Federal agencies in all Federal 

21 buildings and properties. 

22 (b) COMMISSION ACTION.— 

23 (1) IN GENERAL.—Within 90 days after the 

24 date of enactment of this Act, the Federal Commu25 nications Commission shall issue a public notice 


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1 seeking comment on the feasibility of requiring 

2 MLTS operators to provide a sufficiently precise in3 dication of a 9-1-1 caller’s location, while avoiding 

4 the imposition of undue burdens on MLTS manufac5 turers, providers, and operators. 

6 (2) SPECIFIC REQUIREMENT.—The public no7 tice under paragraph (1) shall seek comment on the 

8 National Emergency Number Association’s ‘‘Tech9 nical Requirements Document On Model Legislation 

10 E–911 for Multi-Line Telephone Systems’’ (NENA 

11 06–750, Version 2). 

12 (c) DEFINITION.—The term ‘‘multi-line telephone 

13 system’’ or ‘‘MLTS’’ means a system comprised of com14 mon control units, telephone sets, control hardware and 

15 software and adjunct systems, including network and 

16 premises based systems, such as Centrex and VoIP, as 

17 well as PBX, Hybrid, and Key Telephone Systems (as 

18 classified by the Federal Communications Commission 

19 under part 68 of title 47, Code of Federal Regulations) 

20 and includes systems owned or leased by governmental 

21 agencies and non-profit entities, as well as for profit busi22 nesses. 


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1 SEC. 6. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 

2 SERVICE CHARGES. 

3 (a) IN GENERAL.—Within 60 days after the date of 

4 enactment of this Act, the Comptroller General shall ini5 tiate a study of— 

6 (1) the imposition of taxes, fees, or other 

7 charges imposed by States or political subdivisions 

8 of States that are designated or presented as dedi9 cated to improve emergency communications serv10 ices, including 9-1-1 services or enhanced 9-1-1 serv11 ices, or related to emergency communications serv12 ices operations or improvements; and 

13 (2) the use of revenues derived from such taxes, 

14 fees, or charges. 

15 (b) REPORT.—Within 18 months after initiating the 

16 study required by subsection (a), the Comptroller General 

17 shall transmit a report on the results of the study to the 

18 Committee on Commerce, Science, and Transportation of 

19 the Senate and the Committee on Energy and Commerce 

20 of the House of Representatives setting forth the findings, 

21 conclusions, and recommendations, if any, of the study, 

22 including— 

23 (1) the identity of each State or political sub24 division that imposes such taxes, fees, or other 

25 charges; and 


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1 (2) the amount of revenues obligated or ex2 pended by that State or political subdivision for any 

3 purpose other than the purposes for which such 

4 taxes, fees, or charges were designated or presented. 

Æ 


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