47 U.S.C. § 942 : US Code - Section 942: Coordination of E-911 implementation

Search 47 U.S.C. § 942 : US Code - Section 942: 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 December 23, 2004, 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) of this section, 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)
of this section;
(D) receive, review, and recommend the approval or
disapproval of applications for grants under subsection (b) of
this section; 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 this title) 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 December 23, 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.
(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)
of this section;
(B) return any grant awarded under subsection (b) of this
section during the time that the certification was not valid;
and
(C) not be eligible to receive any subsequent grants under
subsection (b) of this section.
(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 450b(l) of
title 25).
(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) of this section 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
December 23, 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 December 23, 2004, 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.