9–1–1 as a universal emergency telephone num-
ber.
(d) NOTIFICATION TO GOVERNORS.—Not later than
15 days after the date of enactment of this Act, the Ad-
ministrator shall notify the Governors of the States in
writing of the enactment of the Act and shall furnish a
copy of this Act with the notification.
SEC. 6. RESEARCH AND DEVELOPMENT ON CRASH INFOR-
MATION SYSTEMS.
(a) Not later than 90 days after the date of enact-
ment of this Act, the Administrator shall establish a pro-
gram to fund from the WICAPS Fund, as provided in Sec-
tion 11, investments in research and development of—
(1) an end-to-end automatic crash notification
system that, in the event of a crash of a motor vehi-
cle, would automatically use a wireless telephone in
that vehicle to transmit information about the crash
to the appropriate emergency personnel; and
(2) a uniform wireless telephone interface in
motor vehicles that permits—
(A) the transmission of crash data; and
(B) voice-activated, hands-free use of all
models of wireless telephones.
(b)(1) The investments for which subsection (a)(1)
provides shall include investments administered by trauma
centers for the purpose of—
(A) using automatic crash notification systems;
(B) establishing decision protocols for the use
of data obtained from such systems and training
emergency personnel in the use of such data;
(C) establishing standardized, robust methods
to assess the added value of an end-to-end automatic
crash notification system and to identify early the
changing epidemiology of motor vehicle crashes; and
(D) developing models for incorporating the use
of such data into emergency systems throughout the
United States.
(2) The trauma centers for which paragraph (1) pro-
vides shall reflect a cross section of the geographic diver-
sity, population characteristics, and climatic features of
the United States.
SEC. 7. EMERGENCY SERVICES SUPPORT FROM USE OF
FEDERAL PROPERTY.
Title VII of the Communications Act of 1934 is
amended by adding after section 714 (47 U.S.C. 614) the
following new section:
‘‘SEC. 715. USE OF FEDERAL PROPERTY TO PROVIDE WIRE-
LESS SERVICES.
‘‘(a) POLICY.—It is the policy of the United States
to encourage rapid construction and expansion of the wire-
less communications infrastructure in the United States
and, to that end, to make the real property of the United
States Government available to the maximum extent prac-
ticable for the siting of facilities that are part of that in-
frastructure.
‘‘(b) AVAILABILITY OF FEDERAL PROPERTY.—Not
later than 60 days after a department, agency, officer, or
instrumentality of the United States with control of real
property (including rights-of-way and easements) owned
by the United States receives a request containing the in-
formation set forth in subsection (c) from a provider of
personal wireless services for access to and use of such
real property for siting of facilities used in providing such
services, the department, agency, officer, or instrumental-
ity shall make that real property available, on a fair, rea-
sonable, and nondiscriminatory basis and at not more than
a reasonable fee (which shall in no event exceed fair mar-
ket value), to the provider for that purpose, unless and
to the extent that the head of the department, agency,
officer, or instrumentality determines, on the record after
an opportunity for an agency hearing, and notifies the pro-
vider prior to the expiration of that 60-day period that
making such real property available will present an un-
avoidable direct conflict with—
‘‘(1) the mission of the department, agency, of-
ficer, or instrumentality; or
‘‘(2) the current use of the real property or the
use of the real property that was planned at the
time of the request.
‘‘(c) INFORMATION REQUIRED IN REQUEST FOR AC-
CESS TO AND USE OF FEDERAL PROPERTY.—A request
by a provider of personal wireless services under sub-
section (b) shall contain the following information:
‘‘(1) The name, address and telephone number
of the provider and the provider’s authorized or legal
representative for the request.
‘‘(2) Site-specific identification of the real prop-
erty to which access is requested, such as a specific
building name and address or site latitude and lon-
gitude.
‘‘(3) The type and size of antenna installation
and support required for the provider’s proposed
wireless site, including access to the site, utility re-
quirements, acreage of land, or foot-pound capacity
for rooftops, and any special site modification re-
quirements.
‘‘(4) A summary of antenna specifications, in-
cluding frequencies.
‘‘(5) The term of the requirement for use of the
real property.
‘‘(6) The terms of removal of the equipment
and structures or property restoration.
‘‘(7) A description of any project or larger an-
tenna program to which the site relates.
‘‘(8) A description of methods of achieving com-
pliance with any applicable environmental or historic
preservation statutes.
‘‘(d) JUDICIAL REVIEW.—A provider of personal
wireless services adversely affected by a final action or fail-
ure to act by a department, agency, officer, or instrumen-
tality concerning a request under subsection (b) (including
any decision relating to a fair, reasonable, and nondiscrim-
inatory basis for access and use or what constitutes a rea-
sonable fee) may obtain judicial review of the action or
failure to act in accordance with the provisions of chapter
7 of title 5 of the United States Code, except that the
burden shall be on the department, agency, officer, or in-
strumentality to sustain its action.
‘‘(e) REGULATORY COMPLIANCE.—A request under
subsection (b) and the access to and use of real property
pursuant to subsection (b) shall be subject to environ-
mental processing only under subpart I of part 1 of title
47 of the Code of Federal Regulations.’’.
SEC. 8. CONSULTATION.
(a) Not later than 90 days after the date of enact-
ment of this Act, the Administrator of the National High-
way Traffic Safety Administration and the Federal Com-
munications Commission, acting jointly, shall establish a
Wireless Emergency Services Advisory Group to advise the
Administrator and the Commission on implementation of
this Act and achievement of the purpose of this Act and
to make the reports to Congress required by subsection
(d).
(b) The Group to which subsection (a) refers shall
include representatives of appropriate Federal agencies,
States, political subdivisions of States, the telecommuni-
cations industry (specifically including the cellular and
other wireless telecommunications elements of the indus-
try), emergency medical service providers and emergency
dispatch providers, public safety, fire service and law en-
forcement officials, hospital emergency and trauma care
personnel (including emergency physicians, trauma sur-
geons, and nurses), and the public.
(c) The Group to which subsection (a) refers shall
not be deemed to be an advisory committee as defined in
Section 3 of the Federal Advisory Committee Act (5
U.S.C. App. 3).
(d) The Group to which subsection (a) refers shall
report to the Senate and the House of Representatives,
not later than one year after the date of enactment of this
Act, and annually thereafter, presenting its views on mat-
ters relating to implementation of this Act and achieve-
ment of the purpose of this Act.
SEC. 9. PARITY OF PROTECTION FOR PROVISION OR USE
OF WIRELESS 9–1–1 SERVICE.
(a) PROVIDER PARITY.—A wireless carrier, and its
officers, directors, employees, vendors, and agents, shall
have immunity or other protection from liability of a scope
and extent that is not less than the scope and extent of
immunity or other protection from liability that a local ex-
change company, and its officers, directors, employees,
vendors, or agents, have under applicable law, including
in connection with an act or omission involving—
(1) development, design, installation, operation,
maintenance, performance, or provision of tele-
communications service (including wireless 9–1–1
service);
(2) transmission errors, failures, network out-
ages, or other technical difficulties that may arise in
the course of handling emergency calls or providing
emergency services (including wireless 9–1–1 serv-
ice); or
(3) release to a PSAP, emergency medical serv-
ice provider or emergency dispatch provider, public
safety, fire service or law enforcement official, or
hospital emergency or trauma care facility of sub-
scriber information related to emergency calls or
emergency services involving use of wireless services.
(b) USER PARITY.—A person using wireless 9–1–1
service shall have immunity or other protection from liabil-
ity of a scope and extent that is not less than the scope
and extent of immunity or other protection from liability
under applicable law in similar circumstances of a person
using 9–1–1 service that is not wireless.
(c) BASIS FOR ENACTMENT.—This section is enacted
as an exercise of the enforcement power of the Congress
under section 5 of the fourteenth amendment and the
power of the Congress to regulate commerce with foreign
nations, among the several States, and with Indian tribes.
SEC. 10. DEFINITIONS.
As used in this Act:
(1) The term ‘‘instrumentality of the United
States’’ includes any independent establishment of
the United States.
(2) The term ‘‘personal wireless services’’ has
the meaning specified for that term in section
332(c)(7)(C) of the Communications Act of 1934
(47 U.S.C. 332(c)(7)(C)).
(3) The term ‘‘public safety answering point’’
or ‘‘PSAP’’ means a facility that has been des-
ignated to receive 9–1–1 calls and route them to
emergency service personnel.
(4) The term ‘‘State’’ means any of the several
States, the District of Columbia, or any territory or
possession of the United States.
(5) The term ‘‘wireless carrier’’ means a pro-
vider of commercial mobile services or any other
radio communications service that the Federal Com-
munications Commission requires to provide wireless
9–1–1 service.
(6) The term ‘‘enhanced wireless 9–1–1 serv-
ice’’ means any enhanced 9–1–1 service so des-
ignated by the Federal Communications Commission
in the proceeding entitled ‘‘Revision of the Commis-
sion’s Rules to Ensure Compatibility with Enhanced
9–1–1 Emergency Calling Systems’’ (CC Docket No.
94–102; RM–8143), or any successor proceeding.
(7) The term ‘‘wireless 9–1–1 service’’ means
any 9–1–1 service provided by a wireless carrier, in-
cluding enhanced wireless 9–1–1 service.
(8) The term ‘‘nongovernmental entity’’ means
a person as defined in Section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153) that is not a de-
partment, agency, instrumentality or officer of the
United States, a State, or a political subdivision of
a State.
SEC. 11. AUTHORIZATIONS OF APPROPRIATIONS AND DIS-
POSITION OF FEES.
(a) AUTHORIZATION OF APPROPRIATIONS FOR AD-
MINISTRATION OF THE ACT.—There are authorized to be
appropriated in any fiscal year to the National Highway
Traffic Safety Administration such sums as may be nec-
essary to carry out the duties under this Act (other than
the duties for which subsections (b) and (c) authorize ap-
propriations) of the Administrator of the National High-
way Traffic Safety Administration, and such sums may
be derived by transfer from the WICAPS Fund to the ex-
tent provided in appropriations Acts.
(b) AUTHORIZATION OF APPROPRIATIONS FROM THE
WICAPS FUND FOR MAKING GRANTS.—(1) There are
authorized to be appropriated in any fiscal year from the
WICAPS Fund, for the purpose of making grants under
section 5, such sums as the WICAPS fund may contain.
(2) In any fiscal year, not more than 1⁄3 of the funds
appropriated pursuant to an authorization of appropria-
tions in this subsection may be obligated for grants pursu-
ant to section 5(b).
(c) AUTHORIZATION OF APPROPRIATIONS FROM THE
WICAPS FUND FOR MAKING RESEARCH AND DEVELOP-
MENT INVESTMENTS.—
(1) Subject to paragraph (2), there is author-
ized to be appropriated in any fiscal year from the
WICAPS Fund, for the purpose of making invest-
ments under section 6, an amount equal to 25 per-
cent of the amount appropriated for that fiscal year
pursuant to the authorization of appropriations in
subsection (b)(1).
(2) No funds are authorized to be appropriated
in any fiscal year that, if appropriated, would cause
the total of funds appropriated for purposes of mak-
ing 
investments 
under 
section 
to 
exceed
$60,000,000.
(d) AUTHORIZATION OF APPROPRIATIONS TO THE
WICAPS FUND.—There are authorized to be appro-
priated to the WICAPS Fund in any fiscal year such sums
as may be necessary to carry out this Act.
(e) FISCAL YEAR AVAILABILITY.—Funds made avail-
able pursuant to an authorization of appropriations con-
tained in this Act shall be available without fiscal year
limitation to the extent provided in appropriations Acts.
(f) DISPOSITION OF FEES.—
(1) Subject to paragraph (4), a department,
agency, officer or instrumentality of the United
States receiving funds which are the reasonable fees
to which section 715(b) of the Communications Act
of 1934 (as added by section 7) refers—
(A) may, without regard to section 3302 of
title 31 of the United States Code and consist-
ent with such instructions as the Director of
the Office of Management and Budget may
issue, credit to the appropriations accounts
identified in paragraph (2) not to exceed the
amount set forth in paragraph (3); and
(B) shall remit to the Treasury for deposit
in the WICAPS Fund established by section 4
such sums received as reasonable fees as are
not credited in accordance with subparagraph
(A).
(2) The appropriations accounts to which para-
graph (1)(A) refers are the appropriations accounts
the appropriated funds of which the department,
agency, officer, or instrumentality would use at the
time the crediting occurs to process requests for ac-
cess to and use of real property for siting of facili-
ties used in providing personal wireless services.
(3) The amount to which paragraph (1)(A) re-
fers is the amount the department, agency, officer,
or instrumentality has obligated after the date of en-
actment of this Act to process requests for access to
and use of real property for siting of facilities used
in providing personal wireless services.
(4) Nothing in this subsection shall impair or
affect the authority under a statute other than this
Act of a department, agency, officer, or instrumen-
tality to receive and use funds that are not appro-
priated funds.
SEC. 12. SEVERABILITY.
If any provision of this Act or the application thereof
to any person or circumstances is held invalid, the validity
of the remainder of the Act and of the application of such
provision to other persons and circumstances shall not be
affected thereby.
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