‘‘(B) are designated or presented as dedi-
cated to deliver or improve E–911 services.
‘‘(2) CERTIFICATION.—Each applicant for a
matching grant under this section shall certify to the
Assistant Secretary and the Administrator at the
time of application, and each applicant that receives
such a grant shall certify to the Assistant Secretary
and the Administrator annually thereafter during
any period of time during which the funds from the
grant are available to the applicant, that no portion
of any designated E–911 charges imposed by a
State or other taxing jurisdiction within which the
applicant is located are being obligated or expended
for any purpose other than the purposes for which
such charges are designated or presented.
‘‘(3) CONDITION
OF
GRANT.—Each applicant
for a grant under this section shall agree, as a con-
dition of receipt of the grant, that if the State or
other taxing jurisdiction within which the applicant
is located, during any period of time during which
the funds from the grant are available to the appli-
cant, obligates or expends designated E–911 charges
for any purpose other than the purposes for which
such charges are designated or presented, all of the
funds from such grant shall be returned to the Of-
fice.
‘‘(4) PENALTY FOR PROVIDING FALSE INFOR-
MATION.—Any applicant that provides a certification
under paragraph (1) knowing that the information
provided in the certification was false shall—
‘‘(A) not be eligible to receive the grant
under subsection (b);
‘‘(B) return any grant awarded under sub-
section (b) during the time that the certification
was not valid; and
‘‘(C) not be eligible to receive any subse-
quent grants under subsection (b).
‘‘(d) AUTHORIZATION; TERMINATION.—
‘‘(1) AUTHORIZATION.—There are authorized to
be appropriated to the Department of Transpor-
tation, for the purposes of grants under the joint
program operated under this section with the De-
partment 
of 
Commerce, 
not 
more 
than
$100,000,000 for each of the fiscal years 2004
through 2008.
‘‘(2) TERMINATION.—The provisions of this
section shall cease to be effective on October 1,
2008.
‘‘(e) DEFINITIONS.—As used in this section:
‘‘(1) OFFICE.—The term ‘Office’ means the E–
911 Implementation Coordination Office.
‘‘(2) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the National
Highway Traffic Safety Administration.
‘‘(3) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible en-
tity’ means a State or local government or a
tribal organization (as defined in section 4(l) of
the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l))).
‘‘(B) INSTRUMENTALITIES.—Such term in-
cludes public authorities, boards, commissions,
and similar bodies created by one or more eligi-
ble entities described in subparagraph (A) to
provide E–911 services.
‘‘(C) EXCEPTION.—Such term does not in-
clude any entity that has failed to submit the
most recently required certification under sub-
section (c) within 30 days after the date on
which such certification is due.
‘‘(4) 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 CFR 20.18), as in effect
on the date of enactment of this section, or as subse-
quently revised by the Federal Communications
Commission.
‘‘(5) 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 CFR 20.18), as in effect on such date, or
as subsequently revised by the Federal Communica-
tions Commission.’’.
SEC. 3. REPORT ON THE DEPLOYMENT OF E–911 PHASE II
SERVICES BY TIER III SERVICE PROVIDERS.
Within 90 days after the date of enactment of this
Act, the Federal Communications Commission shall sub-
mit a report to the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
detailing—
(1) the number of tier III commercial mobile
service providers that are offering phase II E–911
services;
(2) the number of requests for waivers from
compliance with the Commission’s phase II E–911
service requirements received by the Commission
from such tier III providers;
(3) the number of waivers granted or denied by
the Commission to such tier III providers;
(4) how long each waiver request remained
pending before it was granted or denied;
(5) how many waiver requests are pending at
the time of the filing of the report;
(6) when the pending requests will be granted
or denied;
(7) actions the Commission has taken to reduce
the amount of time a waiver request remains pend-
ing; and
(8) the technologies that are the most effective
in the deployment of phase II E–911 services by
such tier III providers.
Passed the House of Representatives November 4,
2003.
Attest:
Clerk.