I 
108TH CONGRESS 
1ST SESSION H. R. 2898
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. DIN-
GELL, 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 Massa-
chusetts, Mr. WYNN, Mr. GRIJALVA, Mr. FROST, Mr. RUPPERSBERGER, 
Mr. GORDON, Mr. ENGEL, Mr. PETERSON of Pennsylvania, and Mr. STU-
PAK) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
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 pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘E–911 Implementation 
Act of 2003’’.
SEC. 2. COORDINATION OF E–911 IMPLEMENTATION . 
(a) IN GENERAL.—Part C of title I of the National 
Telecommunications and Information Administration Or-
ganization Act (47 U.S.C. 901 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 158. COORDINATION OF E–911 IMPLEMENTATION. 
‘‘(a) E–911 IMPLEMENTATION COORDINATION OF-
FICE.—
‘‘(1) ESTABLISHMENT.—The Assistant Sec-
retary shall establish an E–911 Implementation Co-
ordination Office to facilitate coordination and com-
munication between Federal, State, and local emer-
gency communications systems, emergency per-
sonnel, public safety organizations, telecommuni-
cations carriers, and telecommunications equipment 
manufacturers and vendors involved in the imple-
mentation of E–911 services. 
‘‘(2) PURPOSE OF OFFICE.—The Office shall—
‘‘(A) take actions, in concert with coordi-
nators designated in accordance with subsection 
(b)(3)(A)(ii), to improve such coordination and 
communication; 
‘‘(B) develop, collect, and disseminate in-
formation 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 re-
quired 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. 
‘‘(3) REPORTS.—The Assistant Secretary shall 
provide an 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 serv-
ices. 
‘‘(b) PHASE II E–911 IMPLEMENTATION GRANTS.—
‘‘(1) MATCHING GRANTS.—The Assistant Sec-
retary, after consultation with the Secretary of 
Homeland Security and acting through the Office, 
shall provide grants to eligible entities for the imple-
mentation of phase II E–911 services through plan-
ning, infrastructure improvements, telecommuni-
cations equipment purchases, and personnel train-
ing.
‘‘(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 
shall require an eligible entity to certify in its appli-
cation 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)(2) 
of the Communications Act of 1934) lo-
cated 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; 
‘‘(iii) has established a plan for the 
coordination and implementation of E–911 
services; and 
‘‘(iv) has integrated telecommuni-
cations services involved in the implemen-
tation and delivery of phase II E–911 serv-
ices; or 
‘‘(B) in the case of an eligible entity that 
is a local government, 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 shall 
issue regulations within 180 days of the enactment 
of the E–911 Implementation Act of 2003, after a 
public comment period of not less than 60 days, pre-
scribing the criteria for selection for grants under 
this section, and shall update such regulations as 
necessary. 
‘‘(c) AUTHORIZATION; TERMINATION.—
‘‘(1) AUTHORIZATION.—There are authorized to 
be appropriated to the Department of Commerce not 
more than $100,000,000 for each of the fiscal years 
2004 through 2008 for grants under this section. 
‘‘(2) TERMINATION.—The provisions of this 
section shall cease to be effective on October 1, 
2008. 
‘‘(d) DEFINITIONS.—As used in this section: 
‘‘(1) OFFICE.—The term ‘Office’ means the E–
911 Implementation Coordination Office.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means State and local governments and tribal 
organizations (as defined in section 4(l) of the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(l))), except that such term does 
not include any such State that has failed, or any 
local government from a State that has failed, to 
submit the most recently required annual certifi-
cation under section 715 of the Communications Act 
of 1934 within 30 days after the date on which such 
certification is due. 
‘‘(3) E–911 SERVICES.—The term ‘E–911 serv-
ices’ means both phase I and phase II enhanced 911 
services, as described in section 20.18 of the Com-
mission’s regulations (47 C.F.R. 20.18), as in effect 
on the date of enactment of this section. 
‘‘(4) PHASE
II
E–911
SERVICES.—The term 
‘phase II E–911 services’ means only phase II en-
hanced 911 services, as described in such section 
20.18 (47 C.F.R. 20.18), as in effect on such date.’’. 
SEC. 3. STATE 911 FUNDING PRACTICES. 
(a) CERTIFICATION.—Title VII of the Communica-
tions Act of 1934 (47 U.S.C. 601 et seq.) is amended by 
adding at the end the following:
‘‘SEC. 715. DIVERSION OF 911 FUNDS. 
‘‘(a) IN GENERAL.—
‘‘(1) ASSESSMENT AND AUDIT.—The Commis-
sion shall review twice each year—
‘‘(A) the imposition of taxes, fees, or other 
charges imposed by States that—
‘‘(i) appear on telecommunications 
services customers’ bills; and 
‘‘(ii) are designated or presented as 
dedicated to deliver or improve E–911 
services; and 
‘‘(B) the use of revenues derived from such 
taxes, fees, or charges. 
‘‘(2) CERTIFICATION.—Each State shall certify 
annually to the Commission that no portion of the 
revenues derived from such taxes, fees, or charges 
have been obligated or expended for any purpose 
other than the purposes for which such taxes, fees, 
or charges are designated or presented. 
‘‘(b) NOTIFICATION OF CONGRESS AND THE PUB-
LIC.—If the Commission fails to receive any certification 
described in subsection (a)(2), then, within 30 days after 
the date on which such certification was due, the Commis-
sion shall cause to be published in the Federal Register, 
and notify the Committee on Commerce, Science, and