[DOCID: f:sr038.110]
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110th Congress
1st Session SENATE Report
110-38
_______________________________________________________________________
Calendar No. 86
911 MODERNIZATION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION
on
S. 93
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
<greek-l>DATE deg.March 26, 2007.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
first session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Margaret Spring, General Counsel
Christine Kurth, Republican Staff Director and Chief Counsel
Kenneth Nahigian, Republican Deputy Staff Director
Calendar No. 86
110th Congress Report
SENATE
1st Session 110-38
======================================================================
911 MODERNIZATION ACT
_______
March 26, 2007.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 93]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 93) to authorize NTIA to borrow
against anticipated receipts of the Digital Television
Transition and Public Safety Fund to initiate migration to a
national IP-enabled emergency network capable of receiving and
responding to all citizen activated emergency communications,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 93 is to expedite upgrades to the 9-1-1
emergency systems of public safety answering points (PSAPs) and
to improve the Nation's 9-1-1 infrastructure.
Background and Needs
The grave tragedies of September 11, 2001, and hurricanes
Katrina and Rita have highlighted the importance of 9-1-1 as an
essential link between public safety personnel and the public.
9-1-1 calls save lives on a daily basis with an estimated 200
million such calls made within the United States each year.
Digital technologies allow 9-1-1 callers to transmit
additional information to public safety officials in connection
with a 9-1-1 call such as the caller's location and telephone
number. However, in order to use such information, PSAPs must
have access to upgraded 9-1-1 systems that are capable of
receiving such life-saving information. Too often, PSAPs lack
funding to make such upgrades. The National Emergency Number
Association reports that 20 percent of the Nation's PSAPs do
not have enhanced 9-1-1 (E-911) capability, which represents 50
percent of the Nation's counties.
In December 2004, Congress enacted the ENHANCE 911 Act of
2004 to accelerate the deployment of lifesaving, E-911
technology, which helps first responders pinpoint the location
of individuals in need of emergency assistance. As part of that
Act, Congress authorized a new $250 million grant program over
5 years to assist PSAPs in upgrading their 9-1-1 systems to
receive E-911 location data from wireless callers dialing 9-1-
1.
Subsequently, Congress provided funding for this grant
program as part of the Deficit Reduction Act of 2005, which
directed the Assistant Secretary of Commerce for Communications
and Information to use $43.5 million from spectrum auction
revenues--deposited in the Digital Television Transition and
Public Safety Fund--to implement the ENHANCE 911 Act of 2004.
However, under current law, these funds will not be available
for use until after the auction occurs and sufficient revenues
are deposited into the Digital Television Transition and Public
Safety Fund. S. 93 would eliminate this temporary delay by
allowing the Assistant Secretary to borrow against these
anticipated receipts upon enactment of this legislation.
Summary of Provisions
The bill, S. 93, would allow the Assistant Secretary of the
National Telecommunications and Information Administration to
borrow funds from the Treasury to implement the ENHANCE 911
Act. The bill also would provide priority funding for
applications covering areas for which no 9-1-1 service
currently exists.
Legislative History
The 9-1-1 Modernization Act was introduced by Senator
Stevens on January 4, 2007, and is cosponsored by Senators
Clinton, Hutchison, Snowe, and Vitter. On February 13, 2007,
the Committee held an Executive Session during which S. 93 was
considered and ordered to be reported without amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
February 26, 2007.
Hon. Daniel K. Inouye,
Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 93, the 911
Modernization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 93--911 Modernization Act
Summary: S. 93 would allow the National Telecommunications
and Information Agency (NTIA) to borrow up to $44 million from
the U.S. Treasury in 2007 to carry out provisions of title III
of the Deficit Reduction Act of 2005 (Public Law 109-171)
concerning emergency communications services. The Secretary
would repay any borrowing with proceeds from the government's
planned 2008 auctions of the electromagnetic spectrum. The
Deficit Reduction Act authorized spending of up to $44 million
in 2008, to be derived from auction proceeds, to provide grants
to state and local governments and tribal organizations for
improving emergency communications services.
CBO estimates that using the borrowing authority provided
by S. 93 would cause spending for this purpose to commence in
2007 instead of 2008. We estimate that outlays would rise by $1
million in 2007. The bill would thus increase direct spending
in fiscal year 2007 and reduce direct spending in fiscal year
2008. We expect that total direct spending by NTIA over the two
years would remain unchanged under the bill.
S. 93 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary impact of S. 93 is shown in the following table. The
costs of this legislation fall within budget function 370
(commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority \1\............................ 44 -44 0 0 0 0
Estimated Outlays......................................... 1 -1 0 0 0 0
----------------------------------------------------------------------------------------------------------------
\1\ Implementing S. 93 also could increase spending subject to appropriation, but CBO estimates that any such
effects would be less than $500,000 a year.
Basis of estimate: Under current law, NTIA is authorized to
make grants to state and local governments and tribal
organizations to improve the implementation and coordination of
emergency communication services (known as E-911 services).
Funding for the grants is to be derived from proceeds of the
government's planned 2008 auction of electromagnetic spectrum.
S. 93 would authorize NTIA to borrow up to $44 million in 2007
and repay the borrowed funds with proceeds from the spectrum
auction as they are received.
CBO estimates that providing borrowing authority in 2007
would allow NTIA to start entering into agreements with state
and local governments prior to 2008. Direct spending would
increase by $1 million in 2007 to cover administrative costs.
That spending would be offset by a decrease of $1 million in
direct spending in 2008. Accordingly, CBO estimates that there
would be no net change in direct spending over the two years--
and no impact on the budget after 2008.
S. 93 also would require NTIA to amend the criteria for
awarding E-911 grants to give priority to emergency call
centers that are incapable of receiving 911 calls. CBO
estimates that the cost of issuing regulations to amend those
criteria would be insignificant and would be subject to the
availability of appropriated funds.
Intergovernmental and private-sector impact: S. 93 contains
no intergovernmental or private-sector mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments.
Estimate prepared by: Federal Costs: Susan Willie; Impact
on State, Local, and Tribal Governments: Sarah Puro; Impact on
the Private Sector: Fatimot Ladipo.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The bill would expedite the funding of grants authorized
under the ENHANCE 911 Act to PSAPs for 9-1-1 system upgrades
and would improve coordination between local, State and Federal
officials. There are an estimated 200 million 9-1-1 calls made
in the United States each year. The bill would not expand the
scope of the ENHANCE 911 Act and would not increase the number
of persons covered by the ENHANCE 911 Act.
ECONOMIC IMPACT
S. 93 would not have an adverse economic impact on the
Nation's economy. The Act would provide funding for the
implementation of E-911 services and for better coordination.
As a result, the bill should enhance public safety and increase
9-1-1 efficiency.
PRIVACY
The reported bill would not impact the personal privacy of
U.S. citizens.
PAPERWORK
The reported bill should not significantly increase paperwork
requirements for individuals and businesses.
Section-by-Section Analysis
Section 1. Short title
This section would provide the short title, ``911
Modernization Act''.
Section 2. Funding for program
This section would accelerate funding for the ENHANCE 911
Act, enacted in 2004, by allowing the Assistant Secretary of
Commerce for Communication and Infrastructure to borrow funds
from the Treasury in advance of the digital television (DTV)
spectrum auction and the collection of auction revenues.
Section 3. NTIA coordination of E-911 implementation.
This section would require the NTIA to give priority to
applications from public safety answering points that were not
capable of receiving 9-1-1 calls as of the date of enactment of
the ENHANCE 911 Act, so long as the application is consistent
with the other eligibility criteria.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY ACT OF 2005
[47 U.S.C. 309 note]
SEC. 3011. ENHANCE 911.
[The] (a) In General._The Assistant Secretary shall make
payments of not to exceed $43,500,000, in the aggregate, from
the Digital Television Transition and Public Safety Fund
established under section 309(j)(8)(E) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement the ENHANCE
911 Act of 2004.
(b) Credit.--The Assistant Secretary may borrow from the
Treasury, upon enactment of this provision, such sums as
necessary, but not to exceed $43,500,000 to implement this
section. The Assistant Secretary shall reimburse the Treasury,
without interest, as funds are deposited into the Digital
Television Transition and Public Safety Fund.
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION
ACT
[47 U.S.C. 942]
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 and operation of Phase II E-911
services.
(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 after the date of enactment of the ENHANCE 911
Act of 2004, 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. The criteria shall include
performance requirements and a timeline for completion
of any project to be financed by a grant under this
section. Within 180 days after the date of enactment of
the 911 Modernization Act, the Assistant Secretary and
the Administrator shall jointly issue regulations
updating the criteria to provide priority for public
safety answering points not capable, as of the date of
enactment of that Act, of receiving 911 calls.
(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 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 during the period beginning 180
days immediately preceding the date of the application
and continuing through the period of time during which
the funds from the grant are available to the
applicant.
(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 $250,000,000 for each of the fiscal years
2005 through 2009, not more than 5 percent of which for
any fiscal year may be obligated or expended for
administrative costs.
(2) Termination.--The provisions of this section
shall cease to be effective on October 1, 2009.
(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 C.F.R. 20.18), as in effect on the date
of enactment of the ENHANCE 911 Act of 2004, 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 C.F.R.
20.18), as in effect on such date, or as subsequently
revised by the Federal Communications Commission.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico,
the Northern Mariana Islands, and any territory or
possession of the United States.
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