Sec. 301. Further deployment and coordination of Next Generation 9–1–1

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Part C of the National Telecommunications and Information Administration Organization Act is amended by adding at the end the following: The Assistant Secretary, after consulting with the Administrator, shall— take actions, in coordination with State points of contact described under subsection (c)(3)(A)(ii) as applicable, to improve coordination and communication with respect to the implementation of Next Generation 9–1–1; develop, collect, and disseminate information concerning the 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 (c)(3)(A)(iii); provide technical assistance to eligible entities provided a grant under subsection

(c)in support of efforts to explore efficiencies related to Next Generation 9–1–1; review and approve or disapprove applications for grants under subsection (c); and oversee the use of funds provided by such grants in fulfilling such implementation plans. Not later than October 1, 2024, and each year thereafter until funds made available to make grants under subsection

(c)are no longer available to be expended, the Assistant Secretary shall submit to Congress a report on the activities conducted by the Assistant Secretary under paragraph

(1)in the year preceding the submission of the report. The Assistant Secretary may seek the assistance of the Administrator in carrying out the duties described in subparagraphs

(A)through

(D)of paragraph

(1)as the Assistant Secretary determines necessary. The Assistant Secretary, after consulting with the Administrator, shall develop 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 180 days after the date of the enactment of this section, the Assistant Secretary 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; publish the management plan on the website of the National Telecommunications and Information Administration; and provide the management plan to the Administrator for the purpose of publishing the management plan on the website of the National Highway Traffic Safety Administration. The Assistant Secretary, after consulting with the Administrator, may modify the management plan developed under paragraph (1)(A). Not later than 90 days after the plan is modified under subparagraph (A), the Assistant Secretary shall— submit the modified plan 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; publish the modified plan on the website of the National Telecommunications and Information Administration; and provide the modified plan to the Administrator for the purpose of publishing the modified plan on the website of the National Highway Traffic and Safety Administration. The Assistant Secretary shall provide grants to eligible entities for— implementing Next Generation 9–1–1; maintaining Next Generation 9–1–1; training directly related to implementing, maintaining, and operating Next Generation 9–1–1 if the cost related to the training does not exceed— 3 percent of the total grant award for eligible entities that are not Tribes; and 5 percent of the total grant award for eligible entities that are Tribes; public outreach and education on how the public can best use Next Generation 9–1–1 and the capabilities and usefulness of Next Generation 9–1–1; administrative costs associated with planning of Next Generation 9–1–1, including any cost related to planning for and preparing an application and related materials as required by this subsection, if— the cost is fully documented in materials submitted to the Assistant Secretary; and the cost is reasonable, necessary, and does not exceed— 1 percent of the total grant award for eligible entities that are not Tribes; and 2 percent of the total grant award for eligible entities that are Tribes; costs associated with implementing cybersecurity measures at emergency communications centers or with respect to Next Generation 9–1–1. In providing grants under paragraph (1), the Assistant Secretary, after consulting with the Administrator, shall require an eligible entity to submit to the Assistant Secretary an application, at the time and in the manner determined by the Assistant Secretary, and containing the certification required by paragraph (3). Each eligible entity shall include in the application required by paragraph

(2)a certification 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 the 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 officer or governmental body with direct legal authority to implement Next Generation 9–1–1 or to manage emergency communications operations; and has developed and submitted a plan for the coordination and implementation of Next Generation 9–1–1 that— ensures interoperability by requiring the use of commonly accepted standards; ensures reliability; enables emergency communications centers to process, analyze, and store multimedia, data, and other information; incorporates cybersecurity tools, including intrusion detection and prevention measures; includes strategies for coordinating cybersecurity information sharing between Federal, State, Tribal, and local government partners; uses open and competitive request for proposal processes, including through shared government procurement vehicles, for deployment of Next Generation 9–1–1; documents how input was received and accounted for from relevant rural and urban emergency communications centers, regional authorities, local authorities, and Tribal authorities; 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— ensures full notice and opportunity for participation by relevant stakeholders; and consults and coordinates with the State point of contact required by clause (ii); creates efficiencies related to Next Generation 9–1–1 functions, including cybersecurity and the virtualization and sharing of infrastructure, equipment, and services; and utilizes an effective, competitive approach to establishing authentication, credentialing, secure connections, and access in deploying Next Generation 9–1–1, including by— requiring certificate authorities to be capable of cross-certification with other authorities; avoiding risk of a single point of failure or vulnerability; and adhering to Federal agency best practices such as those promulgated by the National Institute of Standards and Technology; and in the case of an eligible entity that is a Tribe, the Tribe has complied with clauses

(i)and

(iii)of subparagraph (A). Not later than 1 year after the date of the enactment of this section, the Assistant Secretary, after consulting with the Administrator, shall issue rules, after providing the public with notice and an opportunity to comment, prescribing the criteria for selecting eligible entities for grants under this subsection. The criteria shall— include performance requirements and a schedule for completion of any project to be financed by a grant under this subsection; and specifically permit regional or multi-State applications for funds. The Assistant Secretary shall update such rules as necessary. Each eligible entity shall certify to the Assistant Secretary at the time of application for a grant under this subsection, and each eligible entity that receives such a grant shall certify to the Assistant Secretary annually thereafter during any period of time the funds from the grant are available to the eligible entity, that— beginning on the date that is 180 days before the date on which the application is filed, no portion of any 9–1–1 fee or charge imposed by the eligible entity (or in the case that the eligible entity is not a State or Tribe, any State or taxing jurisdiction within which the eligible entity will carry out, or is carrying out, activities using grant funds) are obligated or expended for a purpose or function not designated under the rules issued pursuant to section 6(f)(3) of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1(f)(3) ) (as such rules are in effect on the date on which the eligible entity makes the certification) as acceptable; any funds received by the eligible entity will be used, consistent with paragraph (1), to support the deployment of Next Generation 9–1–1 that ensures reliability and interoperability, by requiring the use of commonly accepted standards; the eligible entity (or in the case that the eligible entity is not a State or Tribe, any State or taxing jurisdiction within which the eligible entity will carry out or is carrying out activities using grant funds) has established, or has committed to establish not later than 3 years following the date on which the grant funds are distributed to the eligible entity— a sustainable funding mechanism for Next Generation 9–1–1; and effective cybersecurity resources for Next Generation 9–1–1; the eligible entity will promote interoperability between emergency communications centers deploying Next Generation 9–1–1 and emergency response providers, including users of the nationwide public safety broadband network; the eligible entity has or will take steps to coordinate with adjoining States and Tribes to establish and maintain Next Generation 9–1–1; and the eligible entity has developed a plan for public outreach and education on how the public can best use Next Generation 9–1–1 and on the capabilities and usefulness of Next Generation 9–1–1. Each eligible entity shall agree, as a condition of receipt of a grant under this subsection, that if any State or taxing jurisdiction within which the eligible entity will carry out activities using grant funds fails to comply with a certification required under paragraph (5), during any period of time during which the funds from the grant are available to the eligible entity, all of the funds from such grant shall be returned to the Assistant Secretary. Any eligible entity 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; and not be eligible to receive any subsequent grants under this subsection. Grant funds provided under this subsection may not be used— to support any activity of the First Responder Network Authority; 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. In this section and sections 160 and 161: The term 9–1–1 fee or charge has the meaning given such term in section 6(f)(3)(D) of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1(f)(3)(D) ). 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 Administrator means the Administrator of the National Highway Traffic Safety Administration. The term commonly accepted standards means the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity that— enable interoperability; and are— developed and approved by a standards development organization that is accredited by an American standards body (such as the American National Standards Institute) or an equivalent international standards body in a process— that is open to the public, including open for participation by any person; and provides for a conflict resolution process; subject to an open comment and input process before being finalized by the standards development organization; consensus-based; and made publicly available once approved. The term cost related to the training means— actual wages incurred for travel and attendance, including any necessary overtime pay and backfill wage; travel expenses; instructor expenses; or facility costs and training materials. The term eligible entity — means— a State or a Tribe; or an entity, including a public authority, board, or commission, established by one or more entities described in clause (i); and does not include any entity that has failed to submit the certifications required under subsection (c)(5). The term emergency communications center means— a facility that— is designated to receive a 9–1–1 request for emergency assistance; and performs one or more of the functions described in subparagraph (B); or a public safety answering point, as defined in section 222 of the Communications Act of 1934 ( 47 U.S.C. 222 ). The functions described in this subparagraph are the following: Processing and analyzing 9–1–1 requests for emergency assistance and information and data related to such requests. Dispatching appropriate emergency response providers. Transferring or exchanging 9–1–1 requests for emergency assistance and information and data related to such requests with one or more other emergency communications centers and emergency response providers. Analyzing any communications received from emergency response providers. Supporting incident command functions. The term emergency response providers has the meaning given that term under section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). The term First Responder Network Authority means the authority established under 6204 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1424 ). The term interoperability means the capability of emergency communications centers to receive 9–1–1 requests for emergency assistance and information and data related to such requests, such as location information and callback numbers from a person initiating the request, then process and share the 9–1–1 requests for emergency assistance and information and data related to such requests with other emergency communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors. 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 Internet Protocol-based system that— ensures interoperability; is secure; employs commonly accepted standards; enables 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 reliability means the employment of sufficient measures to ensure the ongoing operation of Next Generation 9–1–1 including through the use of geo-diverse, device- and network-agnostic elements that provide more than one route between end points with no common points where a single failure at that point would cause all to fail. 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. The term Tribe has the meaning given to the term Indian Tribe in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). The Assistant Secretary, after consulting with the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall establish a Next Generation 9–1–1 Cybersecurity Center to coordinate with State, local, and regional governments on the sharing of cybersecurity information about, the analysis of cybersecurity threats to, and guidelines for strategies to detect and prevent cybersecurity intrusions relating to Next Generation 9–1–1. The Assistant Secretary shall establish a Public Safety Next Generation 9–1–1 Advisory Board (in this section referred to as the Board ) to provide recommendations to the Assistant Secretary— with respect to carrying out the duties and responsibilities of the Assistant Secretary in issuing the rules required under section 159(c)(4); as required by paragraph (7); and upon request under paragraph (8). Not later than 150 days after the date of the enactment of this section, the Assistant Secretary shall appoint 16 public safety members to the Board, of which— 4 members shall represent local law enforcement officials; 4 members shall represent fire and rescue officials; 4 members shall represent emergency medical service officials; and 4 members shall represent 9–1–1 professionals. Members shall be representatives of State or Tribes and local governments, chosen to reflect geographic and population density differences as well as public safety organizations at the national level across the United States. All members shall have specific expertise necessary for developing technical requirements under this section, such as technical expertise, and expertise related to public safety communications and 9–1–1 services. In making the appointments required by subparagraph (A), the Assistant Secretary shall appoint a rank and file member from each of the public safety disciplines listed in clauses

(i)through

(iv)of such subparagraph as a member of the Board and shall select such member from an organization that represents its public safety discipline at the national level. Except as provided in subparagraph (B), members of the Board shall serve for a 3-year term. A member of the Board may be removed for cause upon the determination of the Assistant Secretary. Any vacancy in the Board shall be filled in the same manner as the original appointment. A majority of the members of the Board shall constitute a quorum. The Board shall select a Chairperson and Vice Chairperson from among the voting members of the Board. Not later than 120 days after all members of the Board are appointed under paragraph (2), the Board shall submit to the Assistant Secretary recommendations for— deploying Next Generation 9–1–1 in rural and urban areas; ensuring flexibility in guidance, rules, and grant funding to allow for technology improvements; creating efficiencies related to Next Generation 9–1–1, including cybersecurity and the virtualization and sharing of core infrastructure; enabling effective coordination among State, local, Tribal, and territorial government entities to ensure that the needs of emergency communications centers in both rural and urban areas are taken into account in each implementation plan required under section 159(c)(3)(A)(iii); and incorporating existing cybersecurity resources to Next Generation 9–1–1 procurement and deployment. Except as provided in paragraphs

(1)and (7), the Board may provide recommendations to the Assistant Secretary only upon request of the Assistant Secretary. The Board shall terminate on the date on which funds made available to make grants under section 159(c) are no longer available to be expended. Nothing in this section may be construed as limiting the authority of the Assistant Secretary to seek comment from stakeholders and the public. .

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