text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``E-911 Implementation Act of 2003''.
  
  SEC. 2. COORDINATION OF E-911 IMPLEMENTATION.
  
      Part C of title I of the National Telecommunications and 
  Information Administration Organization Act (47 U.S.C. 901 et seq.) is 
  amended by adding at the end the following:
  
  ``SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.
  
      ``(a) E-911 Implementation Coordination Office.--
              ``(1) Establishment.--The Assistant Secretary and the 
          Administrator of the National Highway Traffic Safety 
          Administration shall--
                      ``(A) establish a joint program to facilitate 
                  coordination and communication between Federal, State, 
                  and local emergency communications systems, emergency 
                  personnel, public safety organizations, 
                  telecommunications carriers, and telecommunications 
                  equipment manufacturers and vendors involved in the 
                  implementation of E-911 services; and
                      ``(B) create an E-911 Implementation Coordination 
                  Office to implement the provisions of this section.
              ``(2) Management plan.--The Assistant Secretary and the 
          Administrator shall jointly develop a management plan for the 
          program established under this section. Such plan shall include 
          the organizational structure and funding profiles for the 5-
          year duration of the program. The Assistant Secretary and the 
          Administrator shall, within 90 days after the date of enactment 
          of this Act, submit the management plan to the Committees on 
          Energy and Commerce and Appropriations of the House of 
          Representatives and the Committees on Commerce, Science, and 
          Transportation and Appropriations of the Senate.
              ``(3) Purpose of office.--The Office shall--
                      ``(A) take actions, in concert with coordinators 
                  designated in accordance with subsection (b)(3)(A)(ii), 
                  to improve such coordination and communication;
                      ``(B) develop, collect, and disseminate information 
                  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 required 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.
              ``(4) Reports.--The Assistant Secretary and the 
          Administrator shall provide a joint 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 services.
      ``(b) Phase II E-911 Implementation Grants.--
              ``(1) Matching grants.--The Assistant Secretary and the 
          Administrator, after consultation with the Secretary of 
          Homeland Security and the Chairman of the Federal 
          Communications Commission, and acting through the Office, shall 
          provide grants to eligible entities for the implementation of 
          phase II E-911 services through planning, infrastructure 
          improvements, telecommunications equipment purchases, and 
          personnel training.
              ``(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 and the Administrator 
          shall require an eligible entity to certify in its application 
          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)(4) of the 
                          Communications Act of 1934) located 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, except that such designation need not 
                          vest such coordinator with direct legal 
                          authority to implement E-911 services or manage 
                          emergency communications operations;
                              ``(iii) has established a plan for the 
                          coordination and implementation of E-911 
                          services; and
                              ``(iv) has integrated telecommunications 
                          services involved in the implementation and 
                          delivery of phase II E-911 services; or
                      ``(B) in the case of an eligible entity that is not 
                  a State, 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 and the 
          Administrator shall jointly 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, prescribing 
          the criteria for selection for grants under this section, and 
          shall update such regulations as necessary.
      ``(c) Diversion of E-911 Charges.--
              ``(1) Designated e-911 charges.--For the purposes of this 
          subsection, the term `designated E-911 charges' means any 
          taxes, fees, or other charges imposed by a State or other 
          taxing jurisdiction that--
                      ``(A) appear on telecommunications services 
                  customers' bills; and
                      ``(B) are designated or presented as dedicated 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 condition 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 
          applicant, 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 Office.
              ``(4) Penalty for providing false information.--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 subsection (b) 
                  during the time that the certification was not valid; 
                  and
                      ``(C) not be eligible to receive any subsequent 
                  grants under subsection (b).
      ``(d) Authorization; Termination.--
              ``(1) Authorization.--There are authorized to be 
          appropriated to the Department of Transportation, for the 
          purposes of grants under the joint program operated under this 
          section with the Department 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 `Administrator' means the 
          Administrator of the National Highway Traffic Safety 
          Administration.
              ``(3) Eligible entity.--
                      ``(A) In general.--The term `eligible entity' 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 includes public 
                  authorities, boards, commissions, and similar bodies 
                  created by one or more eligible entities described in 
                  subparagraph (A) to provide E-911 services.
                      ``(C) Exception.--Such term does not include any 
                  entity that has failed to submit the most recently 
                  required certification under subsection (c) within 30 
                  days after the date on which such certification is due.
              ``(4) E-911 services.--The term `E-911 services' means both 
          phase I and phase II enhanced 911 services, as described in 
          section 20.18 of the Commission's regulations (47 CFR 20.18), 
          as in effect on the date of enactment of this section, or as 
          subsequently revised by the Federal Communications Commission.
              ``(5) Phase ii e-911 services.--The term `phase II E-911 
          services' means only phase II enhanced 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 
          Communications 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 submit 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 pending; 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:
  
                                                   JEFF TRANDAHL,
  
                                                                   Clerk.
target: E-911 Implementation Act of 2003 - Amends the National Telecommunications and Information Administration Organization Act to direct the Assistant Secretary of Commerce for Communications and Information and the Administrator of the National Highway Traffic Safety Administration to: (1) establish a joint program to facilitate coordination between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of E-911 (enhanced emergency) services; (2) create an E-911 Implementation Coordination Office to implement such program; and (3) develop a management plan for such program. Requires annual reports from the Assistant Secretary and the Administrator to Congress on Office activities.
  
  Directs the Assistant Secretary and the Administrator to provide grants to eligible entities (States, local governments, tribal organizations) for the implementation of phase II E-911 services through planning, infrastructure improvements, telecommunications equipment purchases, and personnel training. Limits the Federal share of project costs to 50 percent. Outlines entity participation requirements.
  
  Requires each grant applicant to: (1) certify to the Assistant Secretary and the Administrator, at the time of application and annually thereafter if receiving such a grant, that no portion of designated E-911 charges (taxes or fees designated or presented to deliver or improve E-911 services) imposed by a State or other taxing jurisdiction is being obligated or expended for any other purpose; and (2) agree that if such charges are used for any other purpose, all of the grant funds shall be returned.
  
  Authorizes appropriations to the Department of Transportation for such grants. Terminates the grant program on October 1, 2008.
  
  Requires a report from the Federal Communications Commission to specified congressional committees on the deployment of E-911 Phase II services by Tier III service providers.
feat_title: To improve homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 wireless services, and for other purposes.