Next Generation 9–1–1 Act of 2023

Subjects: Science, Technology, Communications


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1784 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1784

To amend the National Telecommunications and Information Administration 
Organization Act to provide for further deployment and coordination of 
             Next Generation 9-1-1, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 2023

 Mr. Hudson (for himself and Ms. Eshoo) 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 provide for further deployment and coordination of 
             Next Generation 9-1-1, and for 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 ``Next Generation 9-1-1 Act of 2023''.

SEC. 2. FURTHER DEPLOYMENT AND COORDINATION OF NEXT GENERATION 9-1-1.

    Part C of the National Telecommunications and Information 
Administration Organization Act is amended by adding at the end the 
following:

``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.

    ``(a) Duties of Assistant Secretary With Respect to Next Generation 
9-1-1.--
            ``(1) In general.--The Assistant Secretary, after 
        consulting with the Administrator, shall--
                    ``(A) take actions, in coordination with State 
                points of contact described under subsection 
                (c)(3)(A)(ii) as applicable, to improve coordination 
                and communication with respect to the implementation of 
                Next Generation 9-1-1;
                    ``(B) develop, collect, and disseminate information 
                concerning the practices, procedures, and technology 
                used in the implementation of Next Generation 9-1-1;
                    ``(C) advise and assist eligible entities in the 
                preparation of implementation plans required under 
                subsection (c)(3)(A)(iii);
                    ``(D) provide technical assistance to eligible 
                entities provided a grant under subsection (c) in 
                support of efforts to explore efficiencies related to 
                Next Generation 9-1-1;
                    ``(E) review and approve or disapprove applications 
                for grants under subsection (c); and
                    ``(F) oversee the use of funds provided by such 
                grants in fulfilling such implementation plans.
            ``(2) Annual reports.--Not later than October 1, 2024, and 
        each year thereafter until funds made available to make grants 
        under subsection (c) are no longer available to be expended, 
        the Assistant Secretary shall submit to Congress a report on 
        the activities conducted by the Assistant Secretary under 
        paragraph (1) in the year preceding the submission of the 
        report.
            ``(3) Assistance.--The Assistant Secretary may seek the 
        assistance of the Administrator in carrying out the duties 
        described in subparagraphs (A) through (D) of paragraph (1) as 
        the Assistant Secretary determines necessary.
    ``(b) Additional Duties.--
            ``(1) Management plan.--
                    ``(A) Development.--The Assistant Secretary, after 
                consulting with the Administrator, shall develop a 
                management plan for the grant program established under 
                this section, including by developing--
                            ``(i) plans related to the organizational 
                        structure of such program; and
                            ``(ii) funding profiles for each fiscal 
                        year of the duration of such program.
                    ``(B) Submission to congress.--Not later than 180 
                days after the date of the enactment of this section, 
                the Assistant Secretary shall--
                            ``(i) submit the management plan developed 
                        under subparagraph (A) to--
                                    ``(I) the Committees on Energy and 
                                Commerce and Appropriations of the 
                                House of Representatives; and
                                    ``(II) the Committees on Commerce, 
                                Science, and Transportation and 
                                Appropriations of the Senate;
                            ``(ii) publish the management plan on the 
                        website of the National Telecommunications and 
                        Information Administration; and
                            ``(iii) provide the management plan to the 
                        Administrator for the purpose of publishing the 
                        management plan on the website of the National 
                        Highway Traffic Safety Administration.
            ``(2) Modification of plan.--
                    ``(A) Modification.--The Assistant Secretary, after 
                consulting with the Administrator, may modify the 
                management plan developed under paragraph (1)(A).
                    ``(B) Submission.--Not later than 90 days after the 
                plan is modified under subparagraph (A), the Assistant 
                Secretary shall--
                            ``(i) submit the modified plan to--
                                    ``(I) the Committees on Energy and 
                                Commerce and Appropriations of the 
                                House of Representatives; and
                                    ``(II) the Committees on Commerce, 
                                Science, and Transportation and 
                                Appropriations of the Senate;
                            ``(ii) publish the modified plan on the 
                        website of the National Telecommunications and 
                        Information Administration; and
                            ``(iii) provide the modified plan to the 
                        Administrator for the purpose of publishing the 
                        modified plan on the website of the National 
                        Highway Traffic and Safety Administration.
    ``(c) Next Generation 9-1-1 Implementation Grants.--
            ``(1) Grants.--The Assistant Secretary shall provide grants 
        to eligible entities for--
                    ``(A) implementing Next Generation 9-1-1;
                    ``(B) maintaining Next Generation 9-1-1;
                    ``(C) training directly related to implementing, 
                maintaining, and operating Next Generation 9-1-1 if the 
                cost related to the training does not exceed--
                            ``(i) 3 percent of the total grant award 
                        for eligible entities that are not Tribes; and
                            ``(ii) 5 percent of the total grant award 
                        for eligible entities that are Tribes;
                    ``(D) public outreach and education on how the 
                public can best use Next Generation 9-1-1 and the 
                capabilities and usefulness of Next Generation 9-1-1;
                    ``(E) administrative costs associated with planning 
                of Next Generation 9-1-1, including any cost related to 
                planning for and preparing an application and related 
                materials as required by this subsection, if--
                            ``(i) the cost is fully documented in 
                        materials submitted to the Assistant Secretary; 
                        and
                            ``(ii) the cost is reasonable, necessary, 
                        and does not exceed--
                                    ``(I) 1 percent of the total grant 
                                award for eligible entities that are 
                                not Tribes; and
                                    ``(II) 2 percent of the total grant 
                                award for eligible entities that are 
                                Tribes; and
                    ``(F) costs associated with implementing 
                cybersecurity measures at emergency communications 
                centers or with respect to Next Generation 9-1-1.
            ``(2) Application.--In providing grants under paragraph 
        (1), the Assistant Secretary, after consulting with the 
        Administrator, shall require an eligible entity to submit to 
        the Assistant Secretary an application, at the time and in the 
        manner determined by the Assistant Secretary, and containing 
        the certification required by paragraph (3).
            ``(3) Coordination required.--Each eligible entity shall 
        include in the application required by paragraph (2) a 
        certification that--
                    ``(A) in the case of an eligible entity that is a 
                State, the entity--
                            ``(i) has coordinated the application with 
                        the emergency communications centers located 
                        within the jurisdiction of the entity;
                            ``(ii) has designated a single officer or 
                        governmental body to serve as the State point 
                        of contact to coordinate the implementation of 
                        Next Generation 9-1-1 for that State, except 
                        that such designation need not vest such 
                        officer or governmental body with direct legal 
                        authority to implement Next Generation 9-1-1 or 
                        to manage emergency communications operations; 
                        and
                            ``(iii) has developed and submitted a plan 
                        for the coordination and implementation of Next 
                        Generation 9-1-1 that--
                                    ``(I) ensures interoperability by 
                                requiring the use of commonly accepted 
                                standards;
                                    ``(II) ensures reliability;
                                    ``(III) enables emergency 
                                communications centers to process, 
                                analyze, and store multimedia, data, 
                                and other information;
                                    ``(IV) incorporates cybersecurity 
                                tools, including intrusion detection 
                                and prevention measures;
                                    ``(V) includes strategies for 
                                coordinating cybersecurity information 
                                sharing between Federal, State, Tribal, 
                                and local government partners;
                                    ``(VI) uses open and competitive 
                                request for proposal processes, 
                                including through shared government 
                                procurement vehicles, for deployment of 
                                Next Generation 9-1-1;
                                    ``(VII) documents how input was 
                                received and accounted for from 
                                relevant rural and urban emergency 
                                communications centers, regional 
                                authorities, local authorities, and 
                                Tribal authorities;
                                    ``(VIII) includes a governance body 
                                or bodies, either by creation of new, 
                                or use of existing, body or bodies, for 
                                the development and deployment of Next 
                                Generation 9-1-1 that--
                                            ``(aa) ensures full notice 
                                        and opportunity for 
                                        participation by relevant 
                                        stakeholders; and
                                            ``(bb) consults and 
                                        coordinates with the State 
                                        point of contact required by 
                                        clause (ii);
                                    ``(IX) creates efficiencies related 
                                to Next Generation 9-1-1 functions, 
                                including cybersecurity and the 
                                virtualization and sharing of 
                                infrastructure, equipment, and 
                                services; and
                                    ``(X) utilizes an effective, 
                                competitive approach to establishing 
                                authentication, credentialing, secure 
                                connections, and access in deploying 
                                Next Generation 9-1-1, including by--
                                            ``(aa) requiring 
                                        certificate authorities to be 
                                        capable of cross-certification 
                                        with other authorities;
                                            ``(bb) avoiding risk of a 
                                        single point of failure or 
                                        vulnerability; and
                                            ``(cc) adhering to Federal 
                                        agency best practices such as 
                                        those promulgated by the 
                                        National Institute of Standards 
                                        and Technology; and
                    ``(B) in the case of an eligible entity that is a 
                Tribe, the Tribe has complied with clauses (i) and 
                (iii) of subparagraph (A).
            ``(4) Criteria.--
                    ``(A) In general.--Not later than 1 year after the 
                date of the enactment of this section, the Assistant 
                Secretary, after consulting with the Administrator, 
                shall issue rules, after providing the public with 
                notice and an opportunity to comment, prescribing the 
                criteria for selecting eligible entities for grants 
                under this subsection.
                    ``(B) Requirements.--The criteria shall--
                            ``(i) include performance requirements and 
                        a schedule for completion of any project to be 
                        financed by a grant under this subsection; and
                            ``(ii) specifically permit regional or 
                        multi-State applications for funds.
                    ``(C) Updates.--The Assistant Secretary shall 
                update such rules as necessary.
            ``(5) Grant certifications.--Each eligible entity shall 
        certify to the Assistant Secretary at the time of application 
        for a grant under this subsection, and each eligible entity 
        that receives such a grant shall certify to the Assistant 
        Secretary annually thereafter during any period of time the 
        funds from the grant are available to the eligible entity, 
        that--
                    ``(A) beginning on the date that is 180 days before 
                the date on which the application is filed, no portion 
                of any 9-1-1 fee or charge imposed by the eligible 
                entity (or in the case that the eligible entity is not 
                a State or Tribe, any State or taxing jurisdiction 
                within which the eligible entity will carry out, or is 
                carrying out, activities using grant funds) are 
                obligated or expended for a purpose or function not 
                designated under the rules issued pursuant to section 
                6(f)(3) of the Wireless Communications and Public 
                Safety Act of 1999 (47 U.S.C. 615a-1(f)(3)) (as such 
                rules are in effect on the date on which the eligible 
                entity makes the certification) as acceptable;
                    ``(B) any funds received by the eligible entity 
                will be used, consistent with paragraph (1), to support 
                the deployment of Next Generation 9-1-1 that ensures 
                reliability and interoperability, by requiring the use 
                of commonly accepted standards;
                    ``(C) the eligible entity (or in the case that the 
                eligible entity is not a State or Tribe, any State or 
                taxing jurisdiction within which the eligible entity 
                will carry out or is carrying out activities using 
                grant funds) has established, or has committed to 
                establish not later than 3 years following the date on 
                which the grant funds are distributed to the eligible 
                entity--
                            ``(i) a sustainable funding mechanism for 
                        Next Generation 9-1-1; and
                            ``(ii) effective cybersecurity resources 
                        for Next Generation 9-1-1;
                    ``(D) the eligible entity will promote 
                interoperability between emergency communications 
                centers deploying Next Generation 9-1-1 and emergency 
                response providers, including users of the nationwide 
                public safety broadband network;
                    ``(E) the eligible entity has or will take steps to 
                coordinate with adjoining States and Tribes to 
                establish and maintain Next Generation 9-1-1; and
                    ``(F) the eligible entity has developed a plan for 
                public outreach and education on how the public can 
                best use Next Generation 9-1-1 and on the capabilities 
                and usefulness of Next Generation 9-1-1.
            ``(6) Condition of grant.--Each eligible entity shall 
        agree, as a condition of receipt of a grant under this 
        subsection, that if any State or taxing jurisdiction within 
        which the eligible entity will carry out activities using grant 
        funds fails to comply with a certification required under 
        paragraph (5), during any period of time during which the funds 
        from the grant are available to the eligible entity, all of the 
        funds from such grant shall be returned to the Assistant 
        Secretary.
            ``(7) Penalty for providing false information.--Any 
        eligible entity that provides a certification under paragraph 
        (5) knowing that the information provided in the certification 
        was false shall--
                    ``(A) not be eligible to receive the grant under 
                this subsection;
                    ``(B) return any grant awarded under this 
                subsection; and
                    ``(C) not be eligible to receive any subsequent 
                grants under this subsection.
            ``(8) Prohibition.--Grant funds provided under this 
        subsection may not be used--
                    ``(A) to support any activity of the First 
                Responder Network Authority; or
                    ``(B) to make any payments to a person who has 
                been, for reasons of national security, prohibited by 
                any entity of the Federal Government from bidding on a 
                contract, participating in an auction, or receiving a 
                grant.
    ``(d) Definitions.--In this section and sections 160 and 161:
            ``(1) 9-1-1 fee or charge.--The term `9-1-1 fee or charge' 
        has the meaning given such term in section 6(f)(3)(D) of the 
        Wireless Communications and Public Safety Act of 1999 (47 
        U.S.C. 615a-1(f)(3)(D)).
            ``(2) 9-1-1 request for emergency assistance.--The term `9-
        1-1 request for emergency assistance' means a communication, 
        such as voice, text, picture, multimedia, or any other type of 
        data that is sent to an emergency communications center for the 
        purpose of requesting emergency assistance.
            ``(3) Administrator.--The term `Administrator' means the 
        Administrator of the National Highway Traffic Safety 
        Administration.
            ``(4) Commonly accepted standards.--The term `commonly 
        accepted standards' means the technical standards followed by 
        the communications industry for network, device, and Internet 
        Protocol connectivity that--
                    ``(A) enable interoperability; and
                    ``(B) are--
                            ``(i) developed and approved by a standards 
                        development organization that is accredited by 
                        an American standards body (such as the 
                        American National Standards Institute) or an 
                        equivalent international standards body in a 
                        process--
                                    ``(I) that is open to the public, 
                                including open for participation by any 
                                person; and
                                    ``(II) provides for a conflict 
                                resolution process;
                            ``(ii) subject to an open comment and input 
                        process before being finalized by the standards 
                        development organization;
                            ``(iii) consensus-based; and
                            ``(iv) made publicly available once 
                        approved.
            ``(5) Cost related to the training.--The term `cost related 
        to the training' means--
                    ``(A) actual wages incurred for travel and 
                attendance, including any necessary overtime pay and 
                backfill wage;
                    ``(B) travel expenses;
                    ``(C) instructor expenses; or
                    ``(D) facility costs and training materials.
            ``(6) Eligible entity.--The term `eligible entity'--
                    ``(A) means--
                            ``(i) a State or a Tribe; or
                            ``(ii) an entity, including a public 
                        authority, board, or commission, established by 
                        one or more entities described in clause (i); 
                        and
                    ``(B) does not include any entity that has failed 
                to submit the certifications required under subsection 
                (c)(5).
            ``(7) Emergency communications center.--
                    ``(A) In general.--The term `emergency 
                communications center' means--
                            ``(i) a facility that--
                                    ``(I) is designated to receive a 9-
                                1-1 request for emergency assistance; 
                                and
                                    ``(II) performs one or more of the 
                                functions described in subparagraph 
                                (B); or
                            ``(ii) a public safety answering point, as 
                        defined in section 222 of the Communications 
                        Act of 1934 (47 U.S.C. 222).
                    ``(B) Functions described.--The functions described 
                in this subparagraph are the following:
                            ``(i) Processing and analyzing 9-1-1 
                        requests for emergency assistance and 
                        information and data related to such requests.
                            ``(ii) Dispatching appropriate emergency 
                        response providers.
                            ``(iii) Transferring or exchanging 9-1-1 
                        requests for emergency assistance and 
                        information and data related to such requests 
                        with one or more other emergency communications 
                        centers and emergency response providers.
                            ``(iv) Analyzing any communications 
                        received from emergency response providers.
                            ``(v) Supporting incident command 
                        functions.
            ``(8) Emergency response provider.--The term `emergency 
        response provider' has the meaning given that term under 
        section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
            ``(9) First responder network authority.--The term `First 
        Responder Network Authority' means the authority established 
        under section 6204 of the Middle Class Tax Relief and Job 
        Creation Act of 2012 (47 U.S.C. 1424).
            ``(10) Interoperability.--The term `interoperability' means 
        the capability of emergency communications centers to receive 
        9-1-1 requests for emergency assistance and information and 
        data related to such requests, such as location information and 
        callback numbers from a person initiating the request, then 
        process and share the 9-1-1 requests for emergency assistance 
        and information and data related to such requests with other 
        emergency communications centers and emergency response 
        providers without the need for proprietary interfaces and 
        regardless of jurisdiction, equipment, device, software, 
        service provider, or other relevant factors.
            ``(11) Nationwide public safety broadband network.--The 
        term `nationwide public safety broadband network' has the 
        meaning given the term in section 6001 of the Middle Class Tax 
        Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
            ``(12) Next generation 9-1-1.--The term `Next Generation 9-
        1-1' means an Internet Protocol-based system that--
                    ``(A) ensures interoperability;
                    ``(B) is secure;
                    ``(C) employs commonly accepted standards;
                    ``(D) enables emergency communications centers to 
                receive, process, and analyze all types of 9-1-1 
                requests for emergency assistance;
                    ``(E) acquires and integrates additional 
                information useful to handling 9-1-1 requests for 
                emergency assistance; and
                    ``(F) supports sharing information related to 9-1-1 
                requests for emergency assistance among emergency 
                communications centers and emergency response 
                providers.
            ``(13) Reliability.--The term `reliability' means the 
        employment of sufficient measures to ensure the ongoing 
        operation of Next Generation 9-1-1 including through the use of 
        geo-diverse, device- and network-agnostic elements that provide 
        more than one route between end points with no common points 
        where a single failure at that point would cause all to fail.
            ``(14) State.--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.
            ``(15) Sustainable funding mechanism.--The term 
        `sustainable funding mechanism' means a funding mechanism that 
        provides adequate revenues to cover ongoing expenses, including 
        operations, maintenance, and upgrades.
            ``(16) Tribe.--The term `Tribe' has the meaning given to 
        the term `Indian Tribe' in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).

``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1 
              CYBERSECURITY CENTER.

    ``The Assistant Secretary, after consulting with the Administrator 
and the Director of the Cybersecurity and Infrastructure Security 
Agency of the Department of Homeland Security, shall establish a Next 
Generation 9-1-1 Cybersecurity Center to coordinate with State, local, 
and regional governments on the sharing of cybersecurity information 
about, the analysis of cybersecurity threats to, and guidelines for 
strategies to detect and prevent cybersecurity intrusions relating to 
Next Generation 9-1-1.

``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.

    ``(a) Next Generation 9-1-1 Advisory Board.--
            ``(1) Establishment.--The Assistant Secretary shall 
        establish a `Public Safety Next Generation 9-1-1 Advisory 
        Board' (in this section referred to as the `Board') to provide 
        recommendations to the Assistant Secretary--
                    ``(A) with respect to carrying out the duties and 
                responsibilities of the Assistant Secretary in issuing 
                the regulations required under section 159(c);
                    ``(B) as required by paragraph (7); and
                    ``(C) upon request under paragraph (8).
            ``(2) Membership.--
                    ``(A) Voting members.--Not later than 150 days 
                after the date of the enactment of this section, the 
                Assistant Secretary shall appoint 16 public safety 
                members to the Board, of which--
                            ``(i) 4 members shall represent local law 
                        enforcement officials;
                            ``(ii) 4 members shall represent fire and 
                        rescue officials;
                            ``(iii) 4 members shall represent emergency 
                        medical service officials; and
                            ``(iv) 4 members shall represent 9-1-1 
                        professionals.
                    ``(B) Diversity of membership.--Members shall be 
                representatives of State or Tribes and local 
                governments, chosen to reflect geographic and 
                population density differences as well as public safety 
                organizations at the national level across the United 
                States.
                    ``(C) Expertise.--All members shall have specific 
                expertise necessary for developing technical 
                requirements under this section, such as technical 
                expertise, and expertise related to public safety 
                communications and 9-1-1 services.
                    ``(D) Rank and file members.--In making the 
                appointments required by subparagraph (A), the 
                Assistant Secretary shall appoint a rank and file 
                member from each of the public safety disciplines 
                listed in clauses (i) through (iv) of subparagraph (A) 
                as a member of the Board and shall select such member 
                from an organization that represents its public safety 
                discipline at the national level.
            ``(3) Period of appointment.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), members of the Board shall serve for 
                a 3-year term.
                    ``(B) Removal for cause.--A member of the Board may 
                be removed for cause upon the determination of the 
                Assistant Secretary.
            ``(4) Vacancies.--Any vacancy in the Board shall be filled 
        in the same manner as the original appointment.
            ``(5) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.
            ``(6) Chairperson and vice chairperson.--The Board shall 
        select a Chairperson and Vice Chairperson from among the voting 
        members of the Board.
            ``(7) Duty of board to submit recommendations.--Not later 
        than 120 days after all members of the Board are appointed 
        under paragraph (2), the Board shall submit to the Assistant 
        Secretary recommendations for--
                    ``(A) deploying Next Generation 9-1-1 in rural and 
                urban areas;
                    ``(B) ensuring flexibility in guidance, rules, and 
                grant funding to allow for technology improvements;
                    ``(C) creating efficiencies related to Next 
                Generation 9-1-1, including cybersecurity and the 
                virtualization and sharing of core infrastructure;
                    ``(D) enabling effective coordination among State, 
                local, Tribal, and territorial government entities to 
                ensure that the needs of emergency communications 
                centers in both rural and urban areas are taken into 
                account in each implementation plan required under 
                section 159(c)(3)(A)(iii); and
                    ``(E) incorporating existing cybersecurity 
                resources to Next Generation 9-1-1 procurement and 
                deployment.
            ``(8) Authority to provide additional recommendations.--
        Except as provided in paragraphs (1) and (7), the Board may 
        provide recommendations to the Assistant Secretary only upon 
        request of the Assistant Secretary.
            ``(9) Duration of authority.--The Board shall terminate on 
        the date on which funds made available to make grants under 
        section 159(c) are no longer available to be expended.
    ``(b) Rule of Construction.--Nothing in this section may be 
construed as limiting the authority of the Assistant Secretary to seek 
comment from stakeholders and the public.

``SEC. 162. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Assistant Secretary to carry out sections 159, 160, and 161 
$15,000,000,000 for fiscal years 2024 through 2028, and such amounts 
are authorized to remain available until expended.
    ``(b) Administrative Costs.--Not more than 4 percent of any amounts 
appropriated under subsection (a) may be used for administrative 
purposes (including carrying out sections 160 and 161).''.
                                 &lt;all&gt;
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