[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1784 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1784
To amend the National Telecommunications and Information Administration
Organization Act to provide for further deployment and coordination of
Next Generation 9-1-1, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2023
Mr. Hudson (for himself and Ms. Eshoo) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the National Telecommunications and Information Administration
Organization Act to provide for further deployment and coordination of
Next Generation 9-1-1, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation 9-1-1 Act of 2023''.
SEC. 2. FURTHER DEPLOYMENT AND COORDINATION OF NEXT GENERATION 9-1-1.
Part C of the National Telecommunications and Information
Administration Organization Act is amended by adding at the end the
following:
``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
``(a) Duties of Assistant Secretary With Respect to Next Generation
9-1-1.--
``(1) In general.--The Assistant Secretary, after
consulting with the Administrator, shall--
``(A) 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;
``(B) develop, collect, and disseminate information
concerning the practices, procedures, and technology
used in the implementation of Next Generation 9-1-1;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (c)(3)(A)(iii);
``(D) 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;
``(E) review and approve or disapprove applications
for grants under subsection (c); and
``(F) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(2) Annual reports.--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.
``(3) Assistance.--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.
``(b) Additional Duties.--
``(1) Management plan.--
``(A) Development.--The Assistant Secretary, after
consulting with the Administrator, shall develop a
management plan for the grant program established under
this section, including by developing--
``(i) plans related to the organizational
structure of such program; and
``(ii) funding profiles for each fiscal
year of the duration of such program.
``(B) Submission to congress.--Not later than 180
days after the date of the enactment of this section,
the Assistant Secretary shall--
``(i) submit the management plan developed
under subparagraph (A) to--
``(I) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives; and
``(II) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate;
``(ii) publish the management plan on the
website of the National Telecommunications and
Information Administration; and
``(iii) 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.
``(2) Modification of plan.--
``(A) Modification.--The Assistant Secretary, after
consulting with the Administrator, may modify the
management plan developed under paragraph (1)(A).
``(B) Submission.--Not later than 90 days after the
plan is modified under subparagraph (A), the Assistant
Secretary shall--
``(i) submit the modified plan to--
``(I) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives; and
``(II) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate;
``(ii) publish the modified plan on the
website of the National Telecommunications and
Information Administration; and
``(iii) 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.
``(c) Next Generation 9-1-1 Implementation Grants.--
``(1) Grants.--The Assistant Secretary shall provide grants
to eligible entities for--
``(A) implementing Next Generation 9-1-1;
``(B) maintaining Next Generation 9-1-1;
``(C) training directly related to implementing,
maintaining, and operating Next Generation 9-1-1 if the
cost related to the training does not exceed--
``(i) 3 percent of the total grant award
for eligible entities that are not Tribes; and
``(ii) 5 percent of the total grant award
for eligible entities that are Tribes;
``(D) 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;
``(E) 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--
``(i) the cost is fully documented in
materials submitted to the Assistant Secretary;
and
``(ii) the cost is reasonable, necessary,
and does not exceed--
``(I) 1 percent of the total grant
award for eligible entities that are
not Tribes; and
``(II) 2 percent of the total grant
award for eligible entities that are
Tribes; and
``(F) costs associated with implementing
cybersecurity measures at emergency communications
centers or with respect to Next Generation 9-1-1.
``(2) Application.--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).
``(3) Coordination required.--Each eligible entity shall
include in the application required by paragraph (2) a
certification that--
``(A) in the case of an eligible entity that is a
State, the entity--
``(i) has coordinated the application with
the emergency communications centers located
within the jurisdiction of the entity;
``(ii) 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
``(iii) has developed and submitted a plan
for the coordination and implementation of Next
Generation 9-1-1 that--
``(I) ensures interoperability by
requiring the use of commonly accepted
standards;
``(II) ensures reliability;
``(III) enables emergency
communications centers to process,
analyze, and store multimedia, data,
and other information;
``(IV) incorporates cybersecurity
tools, including intrusion detection
and prevention measures;
``(V) includes strategies for
coordinating cybersecurity information
sharing between Federal, State, Tribal,
and local government partners;
``(VI) uses open and competitive
request for proposal processes,
including through shared government
procurement vehicles, for deployment of
Next Generation 9-1-1;
``(VII) documents how input was
received and accounted for from
relevant rural and urban emergency
communications centers, regional
authorities, local authorities, and
Tribal authorities;
``(VIII) 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--
``(aa) ensures full notice
and opportunity for
participation by relevant
stakeholders; and
``(bb) consults and
coordinates with the State
point of contact required by
clause (ii);
``(IX) creates efficiencies related
to Next Generation 9-1-1 functions,
including cybersecurity and the
virtualization and sharing of
infrastructure, equipment, and
services; and
``(X) utilizes an effective,
competitive approach to establishing
authentication, credentialing, secure
connections, and access in deploying
Next Generation 9-1-1, including by--
``(aa) requiring
certificate authorities to be
capable of cross-certification
with other authorities;
``(bb) avoiding risk of a
single point of failure or
vulnerability; and
``(cc) adhering to Federal
agency best practices such as
those promulgated by the
National Institute of Standards
and Technology; and
``(B) in the case of an eligible entity that is a
Tribe, the Tribe has complied with clauses (i) and
(iii) of subparagraph (A).
``(4) Criteria.--
``(A) In general.--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.
``(B) Requirements.--The criteria shall--
``(i) include performance requirements and
a schedule for completion of any project to be
financed by a grant under this subsection; and
``(ii) specifically permit regional or
multi-State applications for funds.
``(C) Updates.--The Assistant Secretary shall
update such rules as necessary.
``(5) Grant certifications.--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--
``(A) 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;
``(B) 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;
``(C) 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--
``(i) a sustainable funding mechanism for
Next Generation 9-1-1; and
``(ii) effective cybersecurity resources
for Next Generation 9-1-1;
``(D) 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;
``(E) 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
``(F) 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.
``(6) Condition of grant.--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.
``(7) Penalty for providing false information.--Any
eligible entity that provides a certification under paragraph
(5) knowing that the information provided in the certification
was false shall--
``(A) not be eligible to receive the grant under
this subsection;
``(B) return any grant awarded under this
subsection; and
``(C) not be eligible to receive any subsequent
grants under this subsection.
``(8) Prohibition.--Grant funds provided under this
subsection may not be used--
``(A) to support any activity of the First
Responder Network Authority; or
``(B) 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.
``(d) Definitions.--In this section and sections 160 and 161:
``(1) 9-1-1 fee or charge.--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)).
``(2) 9-1-1 request for emergency assistance.--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.
``(3) Administrator.--The term `Administrator' means the
Administrator of the National Highway Traffic Safety
Administration.
``(4) Commonly accepted standards.--The term `commonly
accepted standards' means the technical standards followed by
the communications industry for network, device, and Internet
Protocol connectivity that--
``(A) enable interoperability; and
``(B) are--
``(i) 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--
``(I) that is open to the public,
including open for participation by any
person; and
``(II) provides for a conflict
resolution process;
``(ii) subject to an open comment and input
process before being finalized by the standards
development organization;
``(iii) consensus-based; and
``(iv) made publicly available once
approved.
``(5) Cost related to the training.--The term `cost related
to the training' means--
``(A) actual wages incurred for travel and
attendance, including any necessary overtime pay and
backfill wage;
``(B) travel expenses;
``(C) instructor expenses; or
``(D) facility costs and training materials.
``(6) Eligible entity.--The term `eligible entity'--
``(A) means--
``(i) a State or a Tribe; or
``(ii) an entity, including a public
authority, board, or commission, established by
one or more entities described in clause (i);
and
``(B) does not include any entity that has failed
to submit the certifications required under subsection
(c)(5).
``(7) Emergency communications center.--
``(A) In general.--The term `emergency
communications center' means--
``(i) a facility that--
``(I) is designated to receive a 9-
1-1 request for emergency assistance;
and
``(II) performs one or more of the
functions described in subparagraph
(B); or
``(ii) a public safety answering point, as
defined in section 222 of the Communications
Act of 1934 (47 U.S.C. 222).
``(B) Functions described.--The functions described
in this subparagraph are the following:
``(i) Processing and analyzing 9-1-1
requests for emergency assistance and
information and data related to such requests.
``(ii) Dispatching appropriate emergency
response providers.
``(iii) 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.
``(iv) Analyzing any communications
received from emergency response providers.
``(v) Supporting incident command
functions.
``(8) Emergency response provider.--The term `emergency
response provider' has the meaning given that term under
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
``(9) First responder network authority.--The term `First
Responder Network Authority' means the authority established
under section 6204 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1424).
``(10) Interoperability.--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.
``(11) Nationwide public safety broadband network.--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).
``(12) Next generation 9-1-1.--The term `Next Generation 9-
1-1' means an Internet Protocol-based system that--
``(A) ensures interoperability;
``(B) is secure;
``(C) employs commonly accepted standards;
``(D) enables emergency communications centers to
receive, process, and analyze all types of 9-1-1
requests for emergency assistance;
``(E) acquires and integrates additional
information useful to handling 9-1-1 requests for
emergency assistance; and
``(F) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
``(13) Reliability.--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.
``(14) State.--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.
``(15) Sustainable funding mechanism.--The term
`sustainable funding mechanism' means a funding mechanism that
provides adequate revenues to cover ongoing expenses, including
operations, maintenance, and upgrades.
``(16) Tribe.--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)).
``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
``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.
``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.
``(a) Next Generation 9-1-1 Advisory Board.--
``(1) Establishment.--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--
``(A) with respect to carrying out the duties and
responsibilities of the Assistant Secretary in issuing
the regulations required under section 159(c);
``(B) as required by paragraph (7); and
``(C) upon request under paragraph (8).
``(2) Membership.--
``(A) Voting members.--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--
``(i) 4 members shall represent local law
enforcement officials;
``(ii) 4 members shall represent fire and
rescue officials;
``(iii) 4 members shall represent emergency
medical service officials; and
``(iv) 4 members shall represent 9-1-1
professionals.
``(B) Diversity of membership.--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.
``(C) Expertise.--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.
``(D) Rank and file members.--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 subparagraph (A)
as a member of the Board and shall select such member
from an organization that represents its public safety
discipline at the national level.
``(3) Period of appointment.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Board shall serve for
a 3-year term.
``(B) Removal for cause.--A member of the Board may
be removed for cause upon the determination of the
Assistant Secretary.
``(4) Vacancies.--Any vacancy in the Board shall be filled
in the same manner as the original appointment.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(6) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the voting
members of the Board.
``(7) Duty of board to submit recommendations.--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--
``(A) deploying Next Generation 9-1-1 in rural and
urban areas;
``(B) ensuring flexibility in guidance, rules, and
grant funding to allow for technology improvements;
``(C) creating efficiencies related to Next
Generation 9-1-1, including cybersecurity and the
virtualization and sharing of core infrastructure;
``(D) 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
``(E) incorporating existing cybersecurity
resources to Next Generation 9-1-1 procurement and
deployment.
``(8) Authority to provide additional recommendations.--
Except as provided in paragraphs (1) and (7), the Board may
provide recommendations to the Assistant Secretary only upon
request of the Assistant Secretary.
``(9) Duration of authority.--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.
``(b) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of the Assistant Secretary to seek
comment from stakeholders and the public.
``SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Assistant Secretary to carry out sections 159, 160, and 161
$15,000,000,000 for fiscal years 2024 through 2028, and such amounts
are authorized to remain available until expended.
``(b) Administrative Costs.--Not more than 4 percent of any amounts
appropriated under subsection (a) may be used for administrative
purposes (including carrying out sections 160 and 161).''.
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