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Code · BILL · 116th Congress · H.R. 2 (Received in Senate) — To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. · Sec. 31603

Sec. 31603. Coordination of Next Generation 9–1–1 Implementation

2,100 words·~10 min read·/bill/116/hr/2/rds/section-31603

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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: The Office shall implement the provisions of this section. The Assistant Secretary and the Administrator shall develop and may modify a management plan for the grant program established under this section, including by developing— plans related to the organizational structure of such program; and funding profiles for each fiscal year of the duration of such program.
Not later than 90 days after the date of the enactment of this section or 90 days after the date on which the plan is modified, as applicable, the Assistant Secretary and the Administrator shall submit the management plan developed under subparagraph
(A)to— the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and the Committees on Energy and Commerce and Appropriations of the House of Representatives. The Office shall— take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to improve coordination and communication with respect to the implementation of Next Generation 9–1–1; develop, collect, and disseminate information concerning practices, procedures, and technology used in the implementation of Next Generation 9–1–1; advise and assist eligible entities in the preparation of implementation plans required under subsection (b)(3)(A)(iii); receive, review, and recommend the approval or disapproval of applications for grants under subsection (b); and oversee the use of funds provided by such grants in fulfilling such implementation plans. The Assistant Secretary and the Administrator 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 Next Generation 9–1–1. The Assistant Secretary and the Administrator, acting through the Office, shall provide grants to eligible entities for— the implementation of Next Generation 9–1–1; establishing and maintaining Next Generation 9–1–1; training directly related to Next Generation 9–1–1; public outreach and education on how best to use Next Generation 9–1–1 and on its capabilities and usefulness; and administrative costs associated with planning and implementation of Next Generation 9–1–1, including costs related to planning for and preparing an application and related materials as required by this section, if— such costs are fully documented in materials submitted to the Office; and such costs are reasonable and necessary and do not exceed 5 percent of the total grant award. The Federal share of the cost of a project eligible for a grant under this section shall not exceed 80 percent. In providing grants under paragraph (1), the Assistant Secretary and the Administrator shall require an eligible entity to certify in its application that— in the case of an eligible entity that is a State, the entity— has coordinated the application with the emergency communications centers located within the jurisdiction of such entity; has designated a single officer or governmental body to serve as the State point of contact to coordinate the implementation of Next Generation 9–1–1 for that State, except that such designation need not vest such coordinator with direct legal authority to implement Next Generation 9–1–1 or to manage emergency communications operations; and has developed and submitted a State plan for the coordination and implementation of Next Generation 9–1–1 that— ensures interoperability by requiring the use of commonly accepted standards; enables emergency communications centers to process, analyze, and store multimedia, data, and other information; incorporates the use of effective cybersecurity resources; uses open and competitive request for proposal processes, or the applicable State equivalent, for deployment of Next Generation 9–1–1; includes input from relevant emergency communications centers, regional authorities, local authorities, and Tribal authorities; and includes a governance body or bodies, either by creation of new or use of existing body or bodies, for the development and deployment of Next Generation 9–1–1 that— includes relevant stakeholders; and consults and coordinates with the State point of contact required by clause (ii); or in the case of an eligible entity that is not a State, the entity has complied with clauses
(i)and
(iii)of subparagraph (A), and the State in which the entity is located has complied with clause
(ii)of such subparagraph. Not later than 9 months after the date of enactment of this section, the Assistant Secretary and the Administrator shall issue regulations, after providing the public with notice and an opportunity to comment, prescribing the criteria for selection for grants under this section. The criteria shall— include performance requirements and a schedule for completion of any project to be financed by a grant under this section; and specifically permit regional or multi-State applications for funds. The Assistant Secretary and the Administrator shall update such regulations as necessary. Each applicant for a 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 the funds from the grant are available to the applicant, that— no portion of any designated 9–1–1 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 during the period beginning 180 days immediately preceding the date on which the application was filed and continuing through the period of time during which the funds from the grant are available to the applicant; any funds received by the applicant will be used to support deployment of Next Generation 9–1–1 that ensures interoperability by requiring the use of commonly accepted standards; the State in which the applicant resides has established, or has committed to establish no later than 3 years following the date on which the funds are distributed to the applicant, a sustainable funding mechanism for Next Generation 9–1–1 to be deployed pursuant to the grant; the applicant will promote interoperability between Next Generation 9–1–1 emergency communications centers and emergency response providers including users of the nationwide public safety broadband network implemented by the First Responder Network Authority; the applicant has or will take steps to coordinate with adjoining States to establish and maintain Next Generation 9–1–1; and the applicant has developed a plan for public outreach and education on how to best use Next Generation 9–1–1 and on its capabilities and usefulness. 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, fails to comply with the certifications required under paragraph (5), all of the funds from such grant shall be returned to the Office. Any applicant that provides a certification under paragraph
(5)knowing that the information provided in the certification was false shall— not be eligible to receive the grant under this subsection; return any grant awarded under this subsection during the time that the certification was not valid; and not be eligible to receive any subsequent grants under this subsection. No grant funds under this subsection may be used— for any component of the Nationwide Public Safety Broadband Network; or to make any payments to a person who has been, for reasons of national security, prohibited by any entity of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with a grant under this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. In addition to any funds authorized for grants under section 158, there is authorized to be appropriated $12,000,000,000 for fiscal years 2021 through 2025. The Office may use up to 5 percent of the funds authorized under this subsection for reasonable and necessary administrative costs associated with the grant program. In this section: The term 9–1–1 request for emergency assistance means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance. The term commonly accepted standards means— the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity, including but not limited to, standards developed by the Third Generation Partnership Project (3GPP), the Institute of Electrical and Electronics Engineers (IEEE), the Alliance for Telecommunications Industry Solutions (ATIS), the Internet Engineering Taskforce (IETF), and the International Telecommunications Union (ITU); and standards that are accredited by a recognized authority such as the American National Standards Institute (ANSI). The term designated 9–1–1 charges means any taxes, fees, or other charges imposed by a State or other taxing jurisdiction that are designated or presented as dedicated to deliver or improve 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1. The term eligible entity — means a State, 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) )); includes public authorities, boards, commissions, and similar bodies created by one or more eligible entities described in subparagraph
(A)to coordinate or provide Next Generation 9–1–1; and does not include any entity that has failed to submit— the certifications required under subsection (b)(5); and the most recently required certification under subsection
(c)within 30 days after the date on which such certification is due. The term emergency communications center means a facility that is designated to receive a 9–1–1 request for emergency assistance and perform one or more of the following functions: Process and analyze 9–1–1 requests for emergency assistance and other gathered information. Dispatch appropriate emergency response providers. Transfer or exchange 9–1–1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers. Analyze any communications received from emergency response providers. Support incident command functions. The term emergency response provider has the meaning given that term under section 2 of the Homeland Security Act ( 47 U.S.C. 101(6) ), emergency response providers includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities). The term interoperable or interoperability means the capability of emergency communications centers to receive 9–1–1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9–1–1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces. The term nationwide means all states of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, any other territory or possession of the United States, and each federally recognized Indian Tribe. The term nationwide public safety broadband network has the meaning given the term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 ). The term Next Generation 9–1–1 means an interoperable, secure, Internet Protocol-based system that— employs commonly accepted standards; enables the appropriate emergency communications centers to receive, process, and analyze all types of 9–1–1 requests for emergency assistance; acquires and integrates additional information useful to handling 9–1–1 requests for emergency assistance; and supports sharing information related to 9–1–1 requests for emergency assistance among emergency communications centers and emergency response providers. The term Office means the Next Generation 9–1–1 Implementation Coordination Office established under section 158 of this title. The term State means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. The term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses, including operations, maintenance, and upgrades. .
Connectionstraces to 3
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  • 64 Stat. 1267
  • 47 USC 101(6)
Citation graph
cites case law
Sec. 31603
Coordination of Next Generation 9–1–1 Implementation
Stat.64 Stat. 1267
Cite47 USC 101(6)
Cites 5Cited by 0 across 0 sources
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