Next Generation 9–1–1 Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2760 To further deployment of Next Generation 9–1–1 to enhance and upgrade the 9–1–1 systems of the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2019 Ms. ESHOO (for herself and Mr. SHIMKUS) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To further deployment of Next Generation 9–1–1 to enhance and upgrade the 9–1–1 systems of the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Next Generation 9– 4 1–1 Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) The 9–1–1 systems of the United States, 8 while a model for the entire world, lack the advanced 9 functionality, interoperability, and capabilities that 10 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2760 IH come with the adoption of new digital communica- 1 tions technologies. 2 (2) Communications technologies currently 3 available to the public, including first responders 4 and other public safety personnel, have substantially 5 outpaced the legacy communications technologies 6 still used by most emergency communications cen- 7 ters in the 9–1–1 systems of the United States. 8 (3) This lack of modern technology, when cou- 9 pled with other challenges, is impacting the ability of 10 the 9–1–1 systems of the United States to efficiently 11 and effectively provide responses to emergencies. 12 (4) Modernizing the 9–1–1 systems of the 13 United States to incorporate the new and evolving 14 capabilities of broadband voice and data communica- 15 tions is essential for the safety and security of the 16 public, including first responders and other public 17 safety personnel. 18 (5) Efforts to modernize the 9–1–1 systems of 19 the United States to date, while laudable and impor- 20 tant, have been limited due to a lack of funding and 21 inconsistent or unclear policies related to the govern- 22 ance, deployment, and operations of Next Genera- 23 tion 9–1–1. 24 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2760 IH (6) A nationwide strategy for Next Generation 1 9–1–1 has become essential to help guide the transi- 2 tion and create a common framework for implemen- 3 tation of Next Generation 9–1–1 while preserving 4 State, regional, and local control over the governance 5 and technology choices of the 9–1–1 systems of the 6 United States. 7 (7) Accelerated implementation of Next Genera- 8 tion 9–1–1 will— 9 (A) increase compatibility with emerging 10 communications trends; 11 (B) enhance the flexibility, reliability, and 12 survivability of the 9–1–1 systems of the United 13 States during major incidents; 14 (C) improve emergency response for the 15 public, including first responders and other 16 public safety personnel; 17 (D) promote the interoperability of the 9– 18 1–1 systems of the United States with emer- 19 gency response providers including users of the 20 Nationwide Public Safety Broadband Network 21 being deployed by the First Responder Network 22 Authority; and 23 (E) increase the cost effectiveness of oper- 24 ating the 9–1–1 systems of the United States. 25 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2760 IH SEC. 3. SENSE OF CONGRESS. 1 It is the sense of Congress that— 2 (1) the 9–1–1 professionals in the United 3 States perform important and lifesaving work every 4 day, and need the tools and communications tech- 5 nologies to perform the work effectively in a world 6 with digital communications technologies; 7 (2) the transition from the legacy communica- 8 tions technologies used in the 9–1–1 systems of the 9 United States to Next Generation 9–1–1 is a na- 10 tional priority and a national imperative; 11 (3) the United States should complete the tran- 12 sition described in paragraph (2) as soon as prac- 13 ticable; 14 (4) the United States should develop a nation- 15 wide framework that facilitates cooperation among 16 Federal, State, and local officials on deployment of 17 Next Generation 9–1–1 in order to meet that goal; 18 (5) the term ‘‘Public Safety Answering Point’’ 19 becomes outdated in a broadband environment and 20 9–1–1 centers are increasingly and appropriately 21 being referred to as emergency communications cen- 22 ters; and 23 (6) 9–1–1 authorities and emergency commu- 24 nications centers should have sufficient resources to 25 implement Next Generation 9–1–1, including re- 26 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2760 IH sources to support associated geographic information 1 systems (commonly known as ‘‘GIS’’), and cyberse- 2 curity measures. 3 SEC. 4. STATEMENT OF POLICY. 4 It is the policy of the United States that— 5 (1) Next Generation 9–1–1 should be techno- 6 logically and competitively neutral; 7 (2) Next Generation 9–1–1 should be interoper- 8 able; 9 (3) the governance and control of the 9–1–1 10 systems of the United States, including Next Gen- 11 eration 9–1–1, should remain at the State, regional, 12 and local level; and 13 (4) individuals in the United States should re- 14 ceive information on how to best utilize Next Gen- 15 eration 9–1–1 and on its capabilities and usefulness. 16 SEC. 5. COORDINATION OF NEXT GENERATION 9–1–1 IMPLE- 17 MENTATION. 18 Part C of title I of the National Telecommunications 19 and Information Administration Organization Act (47 20 U.S.C. 901 et seq.) is amended by adding at the end the 21 following: 22 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2760 IH ‘‘SEC. 159. COORDINATION OF NEXT GENERATION 9–1–1 IM- 1 PLEMENTATION. 2 ‘‘(a) ADDITIONAL FUNCTIONS OF 9–1–1 IMPLEMEN- 3 TATION COORDINATION OFFICE.— 4 ‘‘(1) AUTHORITY.—The Office shall implement 5 the provisions of this section. 6 ‘‘(2) MANAGEMENT PLAN.— 7 ‘‘(A) DEVELOPMENT.—The Assistant Sec- 8 retary and the Administrator shall develop and 9 may modify a management plan for the grant 10 program established under this section, includ- 11 ing by developing— 12 ‘‘(i) plans related to the organiza- 13 tional structure of such program; and 14 ‘‘(ii) funding profiles for each fiscal 15 year of the duration of such program. 16 ‘‘(B) SUBMISSION TO CONGRESS.—Not 17 later than 90 days after the date of the enact- 18 ment of this section or 90 days after the date 19 on which the plan is modified, as applicable, the 20 Assistant Secretary and the Administrator shall 21 submit the management plan developed under 22 subparagraph (A) to— 23 ‘‘(i) the Committees on Commerce, 24 Science, and Transportation and Appro- 25 priations of the Senate; and 26 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 2760 IH ‘‘(ii) the Committees on Energy and 1 Commerce and Appropriations of the 2 House of Representatives. 3 ‘‘(3) PURPOSE OF OFFICE.—The Office shall— 4 ‘‘(A) take actions, in concert with coordi- 5 nators designated in accordance with subsection 6 (b)(3)(A)(ii), to improve coordination and com- 7 munication with respect to the implementation 8 of Next Generation 9–1–1; 9 ‘‘(B) develop, collect, and disseminate in- 10 formation concerning practices, procedures, and 11 technology used in the implementation of Next 12 Generation 9–1–1; 13 ‘‘(C) advise and assist eligible entities in 14 the preparation of implementation plans re- 15 quired under subsection (b)(3)(A)(iii); 16 ‘‘(D) receive, review, and recommend the 17 approval or disapproval of applications for 18 grants under subsection (b); and 19 ‘‘(E) oversee the use of funds provided by 20 such grants in fulfilling such implementation 21 plans. 22 ‘‘(4) REPORTS.—The Assistant Secretary and 23 the Administrator shall provide an annual report to 24 Congress by the first day of October of each year on 25 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 2760 IH the activities of the Office to improve coordination 1 and communication with respect to the implementa- 2 tion of Next Generation 9–1–1. 3 ‘‘(b) NEXT GENERATION 9–1–1 IMPLEMENTATION 4 GRANTS.— 5 ‘‘(1) MATCHING GRANTS.—The Assistant Sec- 6 retary and the Administrator, acting through the Of- 7 fice, shall provide grants to eligible entities for— 8 ‘‘(A) the implementation of Next Genera- 9 tion 9–1–1; 10 ‘‘(B) establishing and maintaining Next 11 Generation 9–1–1; 12 ‘‘(C) training directly related to Next Gen- 13 eration 9–1–1; 14 ‘‘(D) public outreach and education on how 15 best to use Next Generation 9–1–1 and on its 16 capabilities and usefulness; and 17 ‘‘(E) administrative costs associated with 18 planning and implementation of Next Genera- 19 tion 9–1–1, including costs related to planning 20 for and preparing an application and related 21 materials as required by this section, if— 22 ‘‘(i) such costs are fully documented 23 in materials submitted to the Office; and 24 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 2760 IH ‘‘(ii) such costs are reasonable and 1 necessary and do not exceed 5 percent of 2 the total grant award. 3 ‘‘(2) MATCHING REQUIREMENT.—The Federal 4 share of the cost of a project eligible for a grant 5 under this section shall not exceed 80 percent. 6 ‘‘(3) COORDINATION REQUIRED.—In providing 7 grants under paragraph (1), the Assistant Secretary 8 and the Administrator shall require an eligible entity 9 to certify in its application that— 10 ‘‘(A) in the case of an eligible entity that 11 is a State, the entity— 12 ‘‘(i) has coordinated the application 13 with the emergency communications cen- 14 ters located within the jurisdiction of such 15 entity; 16 ‘‘(ii) has designated a single officer or 17 governmental body to serve as the State 18 point of contact to coordinate the imple- 19 mentation of Next Generation 9–1–1 for 20 that State, except that such designation 21 need not vest such coordinator with direct 22 legal authority to implement Next Genera- 23 tion 9–1–1 or to manage emergency com- 24 munications operations; and 25 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 2760 IH ‘‘(iii) has developed and submitted a 1 State plan for the coordination and imple- 2 mentation of Next Generation 9–1–1 3 that— 4 ‘‘(I) ensures interoperability by 5 requiring the use of commonly accept- 6 ed standards; 7 ‘‘(II) enables emergency commu- 8 nications centers to process, analyze, 9 and store multimedia, data, and other 10 information; 11 ‘‘(III) incorporates the use of ef- 12 fective cybersecurity resources; 13 ‘‘(IV) uses open and competitive 14 request for proposal processes, or the 15 applicable State equivalent, for de- 16 ployment of Next Generation 9–1–1; 17 ‘‘(V) includes input from relevant 18 emergency communications centers, 19 regional authorities, local authorities, 20 and Tribal authorities; and 21 ‘‘(VI) includes a governance body 22 or bodies, either by creation of new or 23 use of existing body or bodies, for the 24 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 2760 IH development and deployment of Next 1 Generation 9–1–1 that— 2 ‘‘(aa) includes relevant 3 stakeholders; and 4 ‘‘(bb) consults and coordi- 5 nates with the State point of con- 6 tact required by clause (ii); or 7 ‘‘(B) in the case of an eligible entity that 8 is not a State, the entity has complied with 9 clauses (i) and (iii) of subparagraph (A), and 10 the State in which the entity is located has 11 complied with clause (ii) of such subparagraph. 12 ‘‘(4) CRITERIA.— 13 ‘‘(A) IN GENERAL.—Not later than 9 14 months after the date of enactment of this sec- 15 tion, the Assistant Secretary and the Adminis- 16 trator shall issue regulations, after providing 17 the public with notice and an opportunity to 18 comment, prescribing the criteria for selection 19 for grants under this section. 20 ‘‘(B) REQUIREMENTS.—The criteria 21 shall— 22 ‘‘(i) include performance requirements 23 and a schedule for completion of any 24 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 2760 IH project to be financed by a grant under 1 this section; and 2 ‘‘(ii) specifically permit regional or 3 multi-State applications for funds. 4 ‘‘(C) UPDATES.—The Assistant Secretary 5 and the Administrator shall update such regula- 6 tions as necessary. 7 ‘‘(5) GRANT CERTIFICATIONS.—Each applicant 8 for a grant under this section shall certify to the As- 9 sistant Secretary and the Administrator at the time 10 of application, and each applicant that receives such 11 a grant shall certify to the Assistant Secretary and 12 the Administrator annually thereafter during any pe- 13 riod of time the funds from the grant are available 14 to the applicant, that— 15 ‘‘(A) no portion of any designated 9–1–1 16 charges imposed by a State or other taxing ju- 17 risdiction within which the applicant is located 18 are being obligated or expended for any purpose 19 other than the purposes for which such charges 20 are designated or presented during the period 21 beginning 180 days immediately preceding the 22 date on which the application was filed and con- 23 tinuing through the period of time during which 24 VerDate Sep 11 2014 00:23 May 29, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2760.IH H2760 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 2760 IH the funds from the grant are available to the 1 applicant; 2 ‘‘(B) any funds received by the applicant 3 will be used to support deployment of Next 4 Generation 9–1–1 that ensures interoperability 5 by requiring the use of commonly accepted 6 standards; 7 ‘‘(C) the State in which the applicant re- 8 sides has established, or has committed to es- 9 tablish no later than 3 years followi [Text truncated for display. 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