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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Soledad Canyon Mine Act''.

SEC. 2. FINDING AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Transit Mix Concrete Corporation holds two valid 
        Federal contracts, numbered CA-20139 and CA-22901, issued under 
        the Materials Act of 1947, for the extraction of approximately 
        56,000,000 tons of sand and gravel from the Federal mineral 
        estate in lands located in Soledad Canyon adjacent to the city 
        of Santa Clarita, California.
            (2) It is in the best interest of the citizens of 
        California and the Federal Government to cancel the Contracts 
        and prohibit future mining in the Soledad Canyon area of 
        California.
            (3) TMC should receive as just compensation for such 
        cancellation the fair market value of the Contracts and all 
        costs, fees, and covered liabilities incurred by TMC in good 
        faith in its efforts to develop the Contracts.
            (4) A site-specific solution that is fair to TMC and that 
        seeks to protect the environment and minimize impacts on local 
        transportation systems is in the best interest of the Nation.
            (5) Considerable sums of money have been expended by TMC 
        and the city of Santa Clarita on legal and other services in 
        trying to ensure their interests are protected with respect to 
        Contracts CA-20139 and CA-22901.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide to the Bureau of Land Management the 
        authority to cancel contracts CA-20139 and CA-22901 and 
        prohibit future mining in the Soledad Canyon.
            (2) To provide a means for TMC to recover as just 
        compensation for the cancellation of the Contracts the fair 
        market value of, and TMC's expenditures and covered liabilities 
        pursuing the development of, the Contracts.
            (3) To provide the Bureau of Land Management tools to 
        verify expenses incurred by TMC and provide relief.
            (4) To provide timelines for the verification of costs 
        incurred by TMC and the determination of just compensation, and 
        to provide a dispute resolution process.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Contracts.--The term ``Contracts'' means Bureau of Land 
        Management mineral contracts numbered CA-20139 and CA-22901.
            (2) Covered liabilities.--The term ``covered liabilities'' 
        includes any court-ordered or court-approved payment, 
        settlement, or other liability on the part of TMC for damages, 
        costs, compensation, or reimbursement to any third party for 
        agreements entered into by TMC in good faith prior to January 
        1, 2008, in order to exercise rights under the Contracts.
            (3) Materials act of 1947.--The term ``Materials Act of 
        1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat. 
        681; 30 U.S.C. 601-604).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) TMC.--The term ``TMC'' means the Transit Mixed Concrete 
        Corporation and its successors in interest, including CEMEX 
        USA.

SEC. 4. CANCELLATION OF THE CONTRACTS.

    (a) Contract Cancellations.--The Secretary shall cancel Bureau of 
Land Management mineral contracts CA-20139 and CA-22901 and withdraw 
those areas that were subject to the Contracts from further mineral 
entry under all mineral leasing and sales authorities available to the 
Secretary, effective on the date of the enactment of this Act.
    (b) Compensation.--
            (1) In general.--As compensation for the cancellation of 
        the Contracts, TMC shall receive fair market value of the 
        Contracts and TMC's expenditures and covered liabilities in 
        trying to bring the Contracts into commercial production. As 
        such compensation, the Secretary shall provide to TMC surface 
        and mineral interests and additional value in accordance with 
        subsection (d) having a total value equal to the amount 
        described in paragraph (3). All such expenditures must have 
        been incurred by TMC in good faith in connection with its 
        efforts to bring the Contracts into commercial production: 
        Provided, however, that compensation for covered liabilities 
        may be paid to TMC under this section for up to 15 years 
        following the effective date of this Act.
            (2) Increase in adjusted basis of contract upon 
        cancellation.--For purposes of the Internal Revenue Code of 
        1986, the adjusted basis of any contract to which section 4(a) 
        applies shall be increased (immediately before the cancellation 
        of such contract under such section) by the excess (if any) 
        of--
                    (A) the fair market value of such contract 
                (determined immediately before such cancellation), over
                    (B) the adjusted basis of such contract (as 
                determined immediately before the application of this 
                section).
            (3) Value described.--The compensation provided for in 
        paragraph (1) is equal to the sum of the following:
                    (A) All amounts paid to the United States by TMC 
                with respect to the Contracts as bonus bids or other 
                prepayments.
                    (B) Interest on amounts referred to in subparagraph 
                (A), from the date of payment of such amounts to the 
                United States, at a rate determined by the Secretary.
                    (C) Amounts expended by TMC in securing the 
                contracts and trying to bring them into production, 
                including--
                            (i) all actual costs, including fees, 
                        associated with the engineering and 
                        environmental studies, and permitting 
                        proceedings, that were incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        under the Contract terms; and
                            (ii) all actual legal costs, including fees 
                        and covered liabilities, incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        in the Contracts, including all fees and costs 
                        associated with securing permits and 
                        entitlements, litigation to compel, secure, or 
                        defend permits or entitlements, and litigation 
                        in connection with disputes relating to mineral 
                        and surface estate rights to the property that 
                        is the subject of the Contracts.
                    (D) The fair market value of the Contracts.
            (4) Determination of fair market value.--The Secretary 
        shall, within six months after the date of enactment of this 
        Act, determine by mineral appraisal the fair market value of 
        the contracts at the time of such determination for purposes of 
        paragraph (3)(D), determine by mineral appraisal or other 
        generally accepted applicable appraisal techniques the fair 
        market value of the surface and mineral estate identified in 
        the map referred to in subsection (d), and notify TMC of those 
        determinations. In determining the fair market value of the 
        Contracts, the Secretary shall assume that--
                    (A) TMC has obtained all permits and entitlements 
                necessary to mine, produce, process, and sell sand and 
                gravel from the Contracts;
                    (B) mining operations under the Contracts have 
                commenced at the time of the determination, with 
                maximum annual production volumes that--
                            (i) are based on the projected supply and 
                        demand outlook at the time of determination; 
                        and
                            (ii) reflect depletion of the reserves of 
                        the Contracts within the effective periods of 
                        the Contract;
                    (C) the fair market value of the Contracts includes 
                the present value of expected future net cash flows to 
                be derived from the mining, producing, processing, and 
                sale of the sand and gravel contained in the Contracts 
                over the minimum time necessary to mine, produce, 
                process, and sell such sand and gravel, taking into 
                consideration--
                            (i) the material deposit contained in the 
                        contract sites and its quality, volume, 
                        minability, and reclamation requirements;
                            (ii) the proximity of the contract sites to 
                        markets;
                            (iii) the type of market that could be 
                        served from the contract sites, including 
                        future supply, demand, and probable price 
                        increases based upon construction material data 
                        developed by the State of California;
                            (iv) the cost of mining, producing, 
                        processing, and selling the material reserved 
                        in the contract sites;
                            (v) the types and costs of transportation 
                        for such production from the contract sites to 
                        markets;
                            (vi) royalties, taxes, and fees to mine and 
                        sell the production from the contract sites;
                            (vii) similar market sales of materials the 
                        area or region of the contract sites; and
                            (viii) the net present values of expected 
                        future cash flows from proposed mining 
                        operations of the Contract sites taking into 
                        consideration, at a minimum, the matters 
                        referred to in clauses (i) through (viii).
    (c) Submission of Expenses Incurred.--
            (1) In general.--To assist in the verification of the 
        amounts expended referred to in subsection (b)(3)(C), TMC shall 
        submit to the Secretary within 60 days after the date of 
        enactment of this Act an itemized list of such amounts, with 
        enough detail and supporting documentation so the Secretary can 
        determine that the expenses are associated with the Contracts.
            (2) Arbitration.--The Secretary shall issue the 
        determination of the amounts expended referred to in subsection 
        (b)(3)(C) within 60 days after receipt of the itemized list 
        required under paragraph (1). If the Secretary disapproves such 
        list, the Secretary shall, upon request of TMC, determine the 
        economic value invested for purposes of subsection (b)(3) 
        through arbitration in accordance with subchapter IV of chapter 
        5 of title 5, United States Code.
    (d) Return of Value Opportunities for TMC.--
            (1) In general.--Within six months after the completion of 
        the requirements of subsections (b) and (c), the Secretary 
        shall provide to TMC the following:
                    (A) Surface and mineral estate interests and 
                additional value under subsection (b)(1) using the 
                surface and mineral estate as described and delineated 
                as Area A on the map entitled ``Cemex USA and City of 
                Victorville, California Land Disposal and Acquisition 
                Agreement'' and on file with the Secretary, consisting 
                of approximately 5,000 acres.
                    (B) If the fair market value of the surface and 
                mineral estate used under subparagraph (A) is less than 
                the sum described in subsection (b)(3), additional 
                mineral or surface estate under subsection (b)(1) using 
                the surface and mineral estate as described and 
                delineated as Area B on the map entitled ``Cemex USA 
                and City of Victorville, California Land Disposal and 
                Acquisition Agreement'' and on file with the Secretary, 
                consisting of approximately 3,000 acres as is necessary 
                so that the sum of the values provided under 
                subparagraph (A) and this subparagraph does not exceed 
                the sum described in subsection (b)(3).
                    (C) If the sum of the fair market values of the 
                surface and mineral estates and additional value 
                provided under subparagraphs (A) and (B) is less that 
                the sum described in subsection (b)(3), additional 
                value as is necessary so that the sum of the values 
                provided under subparagraphs (A) and (B) and this 
                subparagraph does not exceed the sum described in 
                subsection (b)(3), in the form of one or more of the 
                following that are mutually agreed to by the Secretary 
                and TMC:
                            (i) Credits that may be applied against 
                        future royalties, bonus bids, or rental fees 
                        for Federal lands administered by the Secretary 
                        and located within the State of California, 
                        including leases for all submerged lands of the 
                        outer Continental Shelf.
                            (ii) Interest in the mineral estate in 
                        Federal lands in the State of California that 
                        are available for sale under the Mineral 
                        Leasing Act (30 U.S.C. 181 et seq.) or other 
                        law administered by the Secretary.
                            (iii) Interests in the surface estate in 
                        Federal lands in the State of California that 
                        are under the administrative jurisdiction of 
                        the Secretary and that are available for 
                        disposal.
    (e) Treatment of Credits.--
            (1) Term.--Credits provided under subsection (d) shall 
        expire at the end of the 10-year period beginning on the date 
        the credits are issued by the Secretary.
            (2) Assignment.--TMC may assign credits provided to TMC 
        under subsection (d) to any person who satisfies the same 
        requirements to hold the Contracts as those that applied to TMC 
        under the Materials Act of 1947.
    (f) Referral to Court of Claims.--
            (1) Referral.--If within 12 months after the date of 
        enactment of this Act, the Secretary and TMC do not reach 
        agreement under subsections (b), (c), and (d) regarding the 
        financial and mineral production opportunities to be provided 
        by the Secretary to TMC under subsection (b)(1), or, if within 
        3 months after TMC receives notice in accordance with 
        subsection (b)(4) of the fair market value determined by the 
        Secretary of the surface and mineral estate identified in the 
        maps referred to in subsection (d) TMC or the city of 
        Victorville, California, notifies the Secretary that it 
        disagrees with the Secretary's determination, the Secretary 
        shall refer the issues upon which TMC, or the city of 
        Victorville, California, and the Secretary are not in agreement 
        with respect to such an agreement or fair market value to the 
        United States Court of Federal Claims for resolution
            (2) Resolution by court.--In any referral under this 
        subsection, the court shall--
                    (A) determine de novo the values described in 
                subsection (b) and (d), including the fair market 
                values of the surface and mineral estates as described 
                and delineated on the maps referred to in subsection 
                (d)(1); and
                    (B) determine and order the Secretary to provide 
                financial and mineral production opportunities 
                consistent with subparagraph (A), for purposes of 
                subsections (b)(1) and (d).

SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE 
              VICTOR VALLEY AREA OF CALIFORNIA.

    Notwithstanding anything in this Act to the contrary, prior to any 
lease, transfer, or other disposition of land or any mineral or surface 
estate for any area that is located in the city of Victorville, 
California, the city of Victorville's sphere of influence, or the city 
of Victorville's proposed sphere of influence, all as delineated on the 
map entitled ``Cemex USA and City of Victorville, California Land 
Disposal and Acquisition Agreement'' and on file with the Secretary, 
the Secretary shall--
            (1) consult with the city of Victorville, California, and 
        surface owners in that area; and
            (2) prohibit mining in that area.
Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California.

Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production.

Increases the adjusted basis of the contracts upon cancellation for federal tax purposes.

Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Home Health Rebasing Relief 
and Reassessment Act''.

SEC. 2. RELIEF AND REASSESSMENT OF THE REBASING OF MEDICARE HOME HEALTH 
              PROSPECTIVE PAYMENT AMOUNTS.

    (a) Suspension of Rebasing.--Section 1895(b)(3)(A)(iii) of the 
Social Security Act (42 U.S.C. 1395fff(b)(3)(A)(iii)) is amended--
            (1) in subclause (I), in the first sentence, by striking 
        ``subclause (II)'' and inserting ``subclauses (II) and (III)'';
            (2) in subclause (II), in the first sentence, by striking 
        ``The Secretary'' and inserting ``Subject to subclause (III), 
        the Secretary''; and
            (3) by adding at the end the following new subclause:
                                    ``(III) Special rule.--Subclauses 
                                (I) and (II) shall not apply for the 
                                12-month period beginning on the date 
                                of the enactment of this subclause. For 
                                periods beginning after the period 
                                described in the previous sentence, the 
                                Secretary shall apply such subclauses 
                                as if the previous sentence had not 
                                been enacted.''.
    (b) Revision of Home Health Outlier Adjustment.--Section 
1895(b)(5)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(5)(A)) 
is amended, in the second sentence, by inserting ``(or, in the case of 
each of the years 2015 through 2023, 2.25 percent)'' after ``2.5 
percent''.
    (c) Study and Report.--
            (1) Study.--
                    (A) In general.--The Secretary of Health and Human 
                Services, in consultation with representatives of 
                Medicare home health agencies and beneficiaries, shall 
                conduct a study on alternative methods for determining 
                the appropriate adjustment under section 
                1895(b)(3)(A)(iii) of the Social Security Act (42 
                U.S.C. 1395(b)(3)(A)(iii)), including methods offered 
                by stakeholders. Such study shall include an analysis 
                of each of the following:
                            (i) The projected impact on Medicare 
                        beneficiary access to care during each of 2014 
                        through 2017 of applying section 1895(b)(3) 
                        during each of such years without application 
                        of subparagraph (A)(iii) of such section, 
                        compared to the projected impact on such access 
                        during each of such years of applying such 
                        section during each of such years with 
                        application of such subparagraph.
                            (ii) The number and share of home health 
                        agencies that are projected to experience 
                        negative Medicare margins by 2017, including 
                        the location, size, and type of such agencies.
                            (iii) With respect to home health agencies 
                        described in clause (ii)--
                                    (I) the total number, average age, 
                                average income, and average number of 
                                activities of daily living of the 
                                Medicare beneficiaries such agencies 
                                serve;
                                    (II) the number of staff such 
                                agencies employ;
                                    (III) the number and location of 
                                counties in which such agencies serve 
                                as the sole provider of Medicare home 
                                health services; and
                                    (IV) to the extent practicable, the 
                                payer mix of such agencies.
                            (iv) The impact of the adjustment on small 
                        home health agencies, as defined by the United 
                        States Small Business Administration small 
                        business size standards, consistent with the 
                        principles of the Regulatory Flexibility Act, 
                        which requires Federal agencies, including the 
                        Department of Health and Human Services, to 
                        fully consider during the rulemaking process 
                        the economic impact of regulatory provisions, 
                        as well as less burdensome regulatory 
                        alternatives, to small entities.
                            (v) Any other areas determined appropriate 
                        by the Secretary.
                    (B) Requirement for alternative methods and other 
                considerations.--For purposes of the analysis under 
                subparagraph (A)--
                            (i) the alternative methods described in 
                        such subparagraph shall cover each of the years 
                        in which the rebasing adjustment under such 
                        section 1895(b)(3)(A)(iii) is to be applied; 
                        and
                            (ii) the Secretary shall include a 
                        cumulative analysis of other Medicare home 
                        health reimbursement reductions established by 
                        statute or regulation, consistent with the 
                        requirements of Executive Order 13563.
            (2) Report.--Not later than 6 months after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services shall submit to Congress a report on the study 
        conducted under paragraph (1), together with such 
        recommendations as the Secretary determines appropriate based 
        on the findings of such study. Such report shall include--
                    (A) a determination by the Secretary as to whether, 
                as a result of the findings of such study, the 
                Secretary intends to use the authority under section 
                1871 of the Social Security Act (42 U.S.C. 1395hh) to 
                modify the adjustment described in paragraph (1)(A) and 
                the extent of any such modification; and
                    (B) in the case the Secretary determines not to use 
                such authority, the rationale for such determination.
Medicare Home Health Rebasing Relief and Reassessment Act - Amends title XVIII (Medicare) of the Social Security Act, with respect to the system for prospective payments for home health services, to suspend for a 12-month period a specified adjustment to (rebasing of) Medicare home health prospective payment amounts. Revises the home health outlier adjustment to equal not to exceed 2.25% (currently, 2.5%) for 2015 through 2023. Directs the Secretary of Health and Human Services (HHS) to study alternative methods for determining the appropriate adjustment for 2014 and subsequent years to the prospective payment for home health services, including methods offered by stakeholders.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IP-Enabled Voice Communications and 
Public Safety Act of 2005''.

SEC. 2. EMERGENCY SERVICE.

    (a) 911 and E-911 Services.--Notwithstanding section 2(b) or any 
other provision of the Communications Act of 1934, the Commission shall 
prescribe regulations to establish a set of requirements or obligations 
on providers of IP-enabled voice service to ensure that 911 and E-911 
services are available to customers to IP-enabled voice service. Such 
regulations shall include an appropriate transition period by which to 
comply with such requirements or obligations and take into 
consideration available industry technological and operational 
standards, including network security.
    (b) Non-Discriminatory Access to Capabilities.--Each entity with 
ownership or control of the necessary emergency services infrastructure 
shall provide any requesting IP-enabled voice service provider with 
nondiscriminatory access to their equipment, network, databases, 
interfaces and any other related capabilities necessary for the 
delivery and completion of 911 and E911 calls and information related 
to such 911 or E911 calls. Such access shall be consistent with 
industry standards established by the National Emergency Number 
Association or other applicable industry standards organizations. Such 
entity shall provide access to the infrastructure at just and 
reasonable, nondiscriminatory rates, terms and conditions. The 
telecommunications carrier or other entity shall provide such access to 
the infrastructure on a stand-alone basis.
    (c) State Authority.--Nothing in this Act, the Communications Act 
of 1934, or any Commission regulation or order shall prevent the 
imposition on or collection from a provider of voice services, 
including IP-enabled voice services, of any fee or charge specifically 
designated or presented as dedicated by a State, political subdivision 
thereof, or Indian tribe on an equitable, and non-discriminatory basis 
for the support of 911 and E-911 services if no portion of the revenue 
derived from such fee or charge is obligated or expended for any 
purpose other than support of 911 and E-911 services or enhancements of 
such services.
    (d) Standard.--The Commission may establish regulations imposing 
requirements or obligations on providers of voice services, entities 
with ownership or control of emergency services infrastructure under 
subsections (a) and (b) only to the extent that the Commission 
determines such regulations are technologically and operationally 
feasible.
    (e) Customer Notice.--Prior to the compliance with the rules as 
required by subsection (a), a provider of an IP-enabled voice service 
that is not capable of providing 911 and E-911 services shall provide a 
clear and conspicuous notice of the unavailability of such services to 
each customer at the time of entering into a contract for such service 
with that customer.
    (f) Voice Service Provider Responsibility.--An IP-enabled voice 
service provider shall have the sole responsibility for the proper 
design, operation, and function of the 911 and E911 access capabilities 
offered to the provider's customers.
    (g) Parity of Protection for Provision or Use of IP-Enabled Voice 
Service.--
            (1) Provider parity.--If a provider of an IP-enabled voice 
        service offers 911 or E-911 services in compliance with the 
        rules required by subsection (a), that provider, 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 any local exchange company, and 
        its officers directors, employees, vendors, or agents, have 
        under the applicable Federal and State law (whether through 
        statute, judicial decision, tariffs filed by such local 
        exchange company, or otherwise), including in connection with 
        an act or omission involving the release of subscriber 
        information related to the emergency calls or emergency 
        services to a public safety answering point, emergency medical 
        service provider, or emergency dispatch provider, public 
        safety, fire service, or law enforcement official, or hospital 
        emergency or trauma care facility.
            (2) User parity.--A person using an IP-enabled voice 
        service that offers 911 or E-911 services pursuant to this 
        subsection 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 under 
        applicable law in similar circumstances of a person using 911 
        or E-911 service that is not provided through an IP-enabled 
        voice service.
            (3) PSAP parity.--In matters related to IP-enabled 911 and 
        E-911 communications, a PSAP, and its employees, vendors, 
        agents, and authorizing government entity (if any) 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 under applicable law 
        accorded to such PSAP, employees, vendors, agents, and 
        authorizing government entity, respective, in matters related 
        to 911 or E-911 communications that are not provided via an IP-
        enabled voice service.
    (h) Delegation Permitted.--The Commission may, in the regulations 
prescribed under this section, provide for the delegation to State 
commissions of authority to implement and enforce the requirements of 
this section and the regulations thereunder.

SEC. 3. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

    Section 158 of the National Telecommunications and Information 
Administration Organization Act (as added by section 104 of the ENHANCE 
911 Act of 2004) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Migration Plan Required.--
            ``(1) National plan required.--No more than 18 months after 
        the date of the enactment of the ENHANCE 911 Act of 2004, the 
        Office shall develop and report to Congress on a national plan 
        for migrating to a national IP-enabled emergency network 
        capable of receiving and responding to all citizen activated 
        emergency communications.
            ``(2) Contents of plan.--The plan required by paragraph (1) 
        shall--
                    ``(A) outline the potential benefits of such a 
                migration;
                    ``(B) identify barriers that must be overcome and 
                funding mechanisms to address those barriers;
                    ``(C) include a proposed timetable, an outline of 
                costs and potential savings;
                    ``(D) provide specific legislative language, if 
                necessary, for achieving the plan; and
                    ``(E) provide recommendations on any legislative 
                changes, including updating definitions, to facilitate 
                a national IP-enabled emergency network.
            ``(3) Consultation.--In developing the plan required by 
        paragraph (1), the Office shall consult with representatives of 
        the public safety community, technology and telecommunications 
        providers, and others it deems appropriate.''.

SEC. 4. DEFINITIONS.

    (a) In General.--For purposes of this Act:
            (1) 911 and e-911 services.--
                    (A) 911.--The term ``911'' means a service that 
                allows a user, by dialing the three-digit code 911, to 
                call a public safety answering point operated by a 
                State, local government, Indian tribe, or authorized 
                entity.
                    (B) E-911.--The term ``E-911 service'' means a 911 
                service that automatically delivers the 911 call to the 
                appropriate public safety answering point, and provides 
                automatic identification data, including the 
                originating number of an emergency call, the physical 
                location of the caller, and the capability for the 
                public safety answering point to call the user back if 
                the call is disconnected.
            (2) IP-enabled voice service.--The term ``IP-enabled voice 
        service'' means an IP-enabled service used for real-time 2-way 
        or multidirectional voice communications offered to a customer 
        that--
                    (A) uses North American Numbering Plan administered 
                telephone numbers, or successor protocol; and
                    (B) has two-way interconnection or otherwise 
                exchange traffic with the public switched telephone 
                network.
            (3) Customer.--The term ``customer'' includes a consumer of 
        goods or services whether for a fee, in exchange for an 
        explicit benefit, or provided for free.
            (4) IP-enabled service.--The term ``IP-enabled service'' 
        means the use of software, hardware, or network equipment that 
        enable an end user to send or receive a communication over the 
        public Internet or a private network utilizing Internet 
        protocol, or any successor protocol, in whole or part, to 
        connect users--
                    (A) regardless of whether the communication is 
                voice, data, video, or other form; and
                    (B) notwithstanding --
                            (i) the underlying transmission technology 
                        used to transmit the communications;
                            (ii) whether the packetizing and 
                        depacketizing of the communications occurs at 
                        the customer premise or network level; or
                            (iii) the software, hardware, or network 
                        equipment used to connect users.
            (5) Public switched telephone network.--The term ``public 
        switched telephone network'' means any switched common carrier 
        service that is interconnected with the traditional local 
        exchange or interexchange switched network.
            (6) PSAP.--The term ``public safety answering point'' or 
        ``PSAP'' means a facility that has been designated to receive 
        911 calls.
    (b) Common Terminology.--Except as otherwise provided in subsection 
(a), terms used in this Act have the meanings provided under section 3 
of the Communications Act of 1934.

IP-Enabled Voice Communications and Public Safety Act of 2005 - Directs the Federal Communications Commission (FCC) to prescribe regulations to establish a set of requirements or obligations on providers of IP-enabled voice service (Internet protocol-enabled service for real-time two-way or multidirectional voice communications) to ensure that 911 (emergency) services and E-911 services (services that automatically delivers a 911 call to the appropriate public safety answering point) are available to customers of IP-enabled voice service. Requires: (1) nondiscriminatory IP provider access to 911 and E-911 services; (2) IP providers to provide to customers a clear and conspicuous notice of the unavailability of 911 and E-911 services; and (3) IP provider and user immunity in the provision and use of 911 and E-911 services to the same extent as local exchange companies and other persons, respectively.

Amends the National Telecommunications and Information Administration Organization Act to require the E-911 Implementation Coordination Office to develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications.