H.R. 3403House110th Congress (2007-2009)Enacted

NET 911 Improvement Act of 2008

Introduced August 3, 2007

Legislative Activity

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30 earlier actions
Became Law Latest Action

Became Public Law No: 110-283.

July 23, 2008

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HouseIntro Referral

Introduced in House

August 3, 2007

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

August 3, 2007

HouseCommittee

Referred to the Subcommittee on Telecommunications and the Internet.

August 4, 2007

HouseCommittee

Subcommittee Hearings Held.

September 19, 2007

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

October 10, 2007

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

October 10, 2007

HouseCommittee

Committee Consideration and Mark-up Session Held.

October 30, 2007

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

October 30, 2007

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 110-442.

November 13, 2007

HouseCalendars

Placed on the Union Calendar, Calendar No. 273.

November 13, 2007

HouseFloor

Mr. Markey moved to suspend the rules and pass the bill, as amended.

November 13, 2007 • 2:42 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H13554-13557)

November 13, 2007 • 2:42 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 3403.

November 13, 2007 • 2:42 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

November 13, 2007 • 2:42 PM

HouseFloor

Considered as unfinished business. (consideration: CR H13824)

November 13, 2007 • 7:26 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 13, 2007 • 7:26 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 1 (Roll no. 1084).(text: CR H13554-13555)

November 13, 2007 • 7:26 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 1 (Roll no. 1084). (text: CR H13554-13555)

November 13, 2007 • 7:26 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

November 14, 2007

SenateCommittee

Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.

June 16, 2008

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S5665)

June 16, 2008

SenateFloor

Passed Senate with an amendment by Unanimous Consent.

June 16, 2008

SenateFloor

Message on Senate action sent to the House.

June 17, 2008

HouseNot Used

Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to without objection.(text as House agreed to Senate amendment: CR H5826-5828)

June 23, 2008

HouseResolving Differences

On motion that the House agree to the Senate amendment Agreed to without objection. (text as House agreed to Senate amendment: CR H5826-5828)

June 23, 2008 • 4:54 PM

HouseResolving Differences

Mr. Gordon moved that the House agree to the Senate amendment. (consideration: CR H5826-5828)

June 23, 2008 • 4:54 PM

HouseResolving Differences

Motion to reconsider laid on the table Agreed to without objection.

June 23, 2008 • 4:55 PM

HouseAction

Cleared for White House.

June 23, 2008

President

Presented to President.

July 15, 2008

Became Law

Signed by President.

July 23, 2008

Became Law

Became Public Law No: 110-283.

July 23, 2008

Floor Debate

16 members

What members said about H.R. 3403 on the floor

5 Republicans11 Democrats
Adam Smith
Rep. Adam SmithD-WA-9 · Dec 19, 2007

Madam. Speaker, due to events in my district, I was unable to vote on rollcall No. 42: Passage of H. Res. 475. Had I been present, I would have voted ``yes.'' January 22, 2007 Madam Speaker, due to…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · Nov 13, 2007

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3919) to provide for a comprehensive nationwide inventory of existing broadband service, and for other purposes, as amended. Mr.…

Bart Gordon
Rep. Bart GordonD-TN-6 · Jun 24, 2008

Madam Speaker, I rise today to offer unanimous consent to consider the Senate amendment to H.R. 3403, the New and Emerging Technologies 911 Improvement Act of 2008. When Americans dial 911, they…

John D. Dingell
Rep. John D. DingellD-MI-15 · Jun 23, 2008

Madam Speaker, I rise in support of H.R. 3403, the ``New and Emerging Technologies 911 Improvement Act of 2008''. This legislation ensures that consumers using Voice over Internet Protocol…

John D. Dingell
Rep. John D. DingellD-MI-15 · Jun 23, 2008

Madam Speaker, I rise in support of H.R. 3403, the New and Emerging Technologies 911 Improvement Act of 2008. This legislation ensures that consumers using Voice over Internet Protocol technology, or…

Show 8 more
Joe Barton
Rep. Joe BartonR-TX-6 · Nov 13, 2007

Mr. Speaker, I rise in support of H.R. 3403, the ``911 Modernization and Public Safety Act of 2007.'' Each time a new communications technology arrives on the market, we must adapt our 911 system and…

John D. Dingell
Rep. John D. DingellD-MI-15 · Nov 13, 2007

Mr. Speaker, I rise in support of H.R. 3403, the ``911 Modernization and Public Safety Act of 2007''. This legislation ensures that consumers using Voice over Internet Protocol or VoIP technology can…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · Nov 13, 2007

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3403) to promote and enhance public safety by facilitating the rapid deployment of IP-enabled 911 and E-911 services, encouraging the…

Fred Upton
Rep. Fred UptonR-MI-6 · Nov 13, 2007

Mr. Speaker, I yield myself as much time as I may consume. I want to take particular time to thank Mr. Markey, my good friend, Mr. Dingell, as well as Mr. Gordon, the bill's sponsor, as well as Mr.…

Gene Green
Rep. Gene GreenD-TX-29 · Nov 15, 2007

Mr. Speaker, I rise in strong support of this legislation to update and improve 911 services for today's technology. Improving public safety is a constant struggle, as I have learned working on…

Fred Upton
Rep. Fred UptonR-MI-6 · Nov 13, 2007

Mr. Speaker, I yield myself such time as I may consume. Someone watching this debate and they hear the nice words between the two of us, they are, for sure, very genuine. We had many hand-holding…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Jun 16, 2008

Madam President, I rise today in support of the substitute to H.R. 3403, the New and Emerging Technologies 911 Improvement Act of 2008. The Senate companion, S. 428, was passed by unanimous consent…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-14 · Nov 13, 2007

Mr. Speaker, I've been working on 911 issues for over a decade. We've come a long way during this time, and this bill is another step toward full interoperability. It is essential for our…

Show 9 more
John D. Dingell
Rep. John D. DingellD-MI-15 · Nov 13, 2007

Mr. Speaker, I rise in support of H.R. 3919, the ``Broadband Census of America Act of 2007''. This bipartisan legislation marks an important step in bringing us closer to affordable, robust broadband…

Zachary T. Space
Rep. Zachary T. SpaceD-OH-18 · Nov 13, 2007

Thank you, Mr. Chairman and Mr. Ranking Member, for your work on this legislation important for America and especially important for rural America. We who live in rural America understand that there…

Timothy V. Johnson
Rep. Timothy V. JohnsonR-IL-15 · Nov 14, 2007

Madam Speaker, unfortunately yesterday, November 13, 2007, I was unable to cast my votes on H.R. 3315, H.R. 1593, H.R. 3403, and H.R. 3461 and wish the Record to reflect my intentions had I been able…

Bart Gordon
Rep. Bart GordonD-TN-6 · Jun 23, 2008

Madam Speaker, I ask unanimous consent to take from the Speaker's table the bill (H.R. 3403) to promote and enhance public safety by facilitating the rapid deployment of IP- enabled 911 and E-911…

Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Nov 14, 2007

Madam Speaker, yesterday I was on an official leave of absence for a medical appointment. Had I been present and voting, I would have voted ``yea'' on rollcall No. 1082, H.R. 3315, which I…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Jun 16, 2008

Madam President, I ask unanimous consent the Commerce committee be discharged from further consideration of H.R. 3403 and the Senate proceed to its immediate consideration. I ask unanimous consent…

Sanford D. Bishop, Jr.
Rep. Sanford D. Bishop, Jr.D-GA-2 · Nov 14, 2007

Madam Speaker, I regret that I was unavoidably absent Tuesday afternoon, November 13, on very urgent business. Had I been present for the four votes which occurred Tuesday evening: I would have voted…

Nita M. Lowey
Rep. Nita M. LoweyD-NY-18 · Nov 14, 2007

Madam Speaker, I regrettably missed Rollcall vote No. 1085 (H.R. 3461) and Rollcall vote No. 1084 (H.R. 3403). Had I been present, I would have voted in the following manner: Rollcall No. 1085:…

Louie Gohmert
Rep. Louie GohmertR-TX-1 · Nov 13, 2007

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

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Latest
Enrolled BillIssued June 23, 2008
        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3403 Enrolled Bill (ENR)]

H.R.3403

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight

An Act

To promote and enhance public safety by facilitating the rapid
deployment of IP-enabled 911 and E-911 services, encourage the Nation's
transition to a national IP-enabled emergency network, and improve 911
and E-911 access to those with disabilities.

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 ``New and Emerging Technologies 911
Improvement Act of 2008'' or the ``NET 911 Improvement Act of 2008''.

TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS

SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED 911 SERVICE.

The Wireless Communications and Public Safety Act of 1999 is
amended--
(1) by redesignating section 6 (47 U.S.C. 615b) as section 7;
(2) by inserting after section 5 the following new section:

``SEC. 6. DUTY TO PROVIDE 9-1-1 AND ENHANCED 9-1-1 SERVICE.

``(a) Duties.--It shall be the duty of each IP-enabled voice
service provider to provide 9-1-1 service and enhanced 9-1-1 service to
its subscribers in accordance with the requirements of the Federal
Communications Commission, as in effect on the date of enactment of the
New and Emerging Technologies 911 Improvement Act of 2008 and as such
requirements may be modified by the Commission from time to time.
``(b) Parity for IP-Enabled Voice Service Providers.--An IP-enabled
voice service provider that seeks capabilities to provide 9-1-1 and
enhanced 9-1-1 service from an entity with ownership or control over
such capabilities, to comply with its obligations under subsection (a),
shall, for the exclusive purpose of complying with such obligations,
have a right of access to such capabilities, including interconnection,
to provide 9-1-1 and enhanced 9-1-1 service on the same rates, terms,
and conditions that are provided to a provider of commercial mobile
service (as such term is defined in section 332(d) of the
Communications Act of 1934 (47 U.S.C. 332(d))), subject to such
regulations as the Commission prescribes under subsection (c).
``(c) Regulations.--The Commission--
``(1) within 90 days after the date of enactment of the New and
Emerging Technologies 911 Improvement Act of 2008, shall issue
regulations implementing such Act, including regulations that--
``(A) ensure that IP-enabled voice service providers have
the ability to exercise their rights under subsection (b);
``(B) take into account any technical, network security, or
information privacy requirements that are specific to IP-
enabled voice services; and
``(C) provide, with respect to any capabilities that are
not required to be made available to a commercial mobile
service provider but that the Commission determines under
subparagraph (B) of this paragraph or paragraph (2) are
necessary for an IP-enabled voice service provider to comply
with its obligations under subsection (a), that such
capabilities shall be available at the same rates, terms, and
conditions as would apply if such capabilities were made
available to a commercial mobile service provider;
``(2) shall require IP-enabled voice service providers to which
the regulations apply to register with the Commission and to
establish a point of contact for public safety and government
officials relative to 9-1-1 and enhanced 9-1-1 service and access;
and
``(3) may modify such regulations from time to time, as
necessitated by changes in the market or technology, to ensure the
ability of an IP-enabled voice service provider to comply with its
obligations under subsection (a) and to exercise its rights under
subsection (b).
``(d) Delegation of Enforcement to State Commissions.--The
Commission may delegate authority to enforce the regulations issued
under subsection (c) to State commissions or other State or local
agencies or programs with jurisdiction over emergency communications.
Nothing in this section is intended to alter the authority of State
commissions or other State or local agencies with jurisdiction over
emergency communications, provided that the exercise of such authority
is not inconsistent with Federal law or Commission requirements.
``(e) Implementation.--
``(1) Limitation.--Nothing in this section shall be construed
to permit the Commission to issue regulations that require or
impose a specific technology or technological standard.
``(2) Enforcement.--The Commission shall enforce this section
as if this section was a part of the Communications Act of 1934.
For purposes of this section, any violations of this section, or
any regulations promulgated under this section, shall be considered
to be a violation of the Communications Act of 1934 or a regulation
promulgated under that Act, respectively.
``(f) State Authority Over Fees.--
``(1) Authority.--Nothing in this Act, the Communications Act
of 1934 (47 U.S.C. 151 et seq.), the New and Emerging Technologies
911 Improvement Act of 2008, or any Commission regulation or order
shall prevent the imposition and collection of a fee or charge
applicable to commercial mobile services or IP-enabled voice
services specifically designated by a State, political subdivision
thereof, Indian tribe, or village or regional corporation serving a
region established pursuant to the Alaska Native Claims Settlement
Act, as amended (85 Stat. 688) for the support or implementation of
9-1-1 or enhanced 9-1-1 services, provided that the fee or charge
is obligated or expended only in support of 9-1-1 and enhanced 9-1-
1 services, or enhancements of such services, as specified in the
provision of State or local law adopting the fee or charge. For
each class of subscribers to IP-enabled voice services, the fee or
charge may not exceed the amount of any such fee or charge
applicable to the same class of subscribers to telecommunications
services.
``(2) Fee accountability report.--To ensure efficiency,
transparency, and accountability in the collection and expenditure
of a fee or charge for the support or implementation of 9-1-1 or
enhanced 9-1-1 services, the Commission shall submit a report
within 1 year after the date of enactment of the New and Emerging
Technologies 911 Improvement Act of 2008, and annually thereafter,
to the Committee on Commerce, Science and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives detailing the status in each State of the
collection and distribution of such fees or charges, and including
findings on the amount of revenues obligated or expended by each
State or political subdivision thereof for any purpose other than
the purpose for which any such fees or charges are specified.
``(g) Availability of PSAP Information.--The Commission may compile
a list of public safety answering point contact information, contact
information for providers of selective routers, testing procedures,
classes and types of services supported by public safety answering
points, and other information concerning 9-1-1 and enhanced 9-1-1
elements, for the purpose of assisting IP-enabled voice service
providers in complying with this section, and may make any portion of
such information available to telecommunications carriers, wireless
carriers, IP-enabled voice service providers, other emergency service
providers, or the vendors to or agents of any such carriers or
providers, if such availability would improve public safety.
``(h) Development of standards.--The Commission shall work
cooperatively with public safety organizations, industry participants,
and the E-911 Implementation Coordination Office to develop best
practices that promote consistency, where appropriate, including
procedures for--
``(1) defining geographic coverage areas for public safety
answering points;
``(2) defining network diversity requirements for delivery of
IP-enabled 9-1-1 and enhanced 9-1-1 calls;
``(3) call-handling in the event of call overflow or network
outages;
``(4) public safety answering point certification and testing
requirements;
``(5) validation procedures for inputting and updating location
information in relevant databases; and
``(6) the format for delivering address information to public
safety answering points.
``(i) Rule of Construction.--Nothing in the New and Emerging
Technologies 911 Improvement Act of 2008 shall be construed as
altering, delaying, or otherwise limiting the ability of the Commission
to enforce the Federal actions taken or rules adopted obligating an IP-
enabled voice service provider to provide 9-1-1 or enhanced 9-1-1
service as of the date of enactment of the New and Emerging
Technologies 911 Improvement Act of 2008.''; and
(3) in section 7 (as redesignated by paragraph (1) of this
section) by adding at the end the following new paragraph:
``(8) IP-enabled voice service.--The term `IP-enabled voice
service' has the meaning given the term `interconnected VoIP
service' by section 9.3 of the Federal Communications Commission's
regulations (47 CFR 9.3).''.

SEC. 102. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

Section 158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942) is amended--
(1) in subsection (b)(1), by inserting before the period at the
end the following: ``and for migration to an IP-enabled emergency
network'';
(2) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Migration Plan Required.--
``(1) National plan required.--No more than 270 days after the
date of enactment of the New and Emerging Technologies 911
Improvement Act of 2008, the Office shall develop and report to
Congress on a national plan for migrating to a national IP-enabled
emergency network capable of receiving and responding to all
citizen-activated emergency communications and improving
information sharing among all emergency response entities.
``(2) Contents of plan.--The plan required by paragraph (1)
shall--
``(A) outline the potential benefits of such a migration;
``(B) identify barriers that must be overcome and funding
mechanisms to address those barriers;
``(C) provide specific mechanisms for ensuring the IP-
enabled emergency network is available in every community and
is coordinated on a local, regional, and statewide basis;
``(D) identify location technology for nomadic devices and
for office buildings and multi-dwelling units;
``(E) include a proposed timetable, an outline of costs,
and potential savings;
``(F) provide specific legislative language, if necessary,
for achieving the plan;
``(G) provide recommendations on any legislative changes,
including updating definitions, that are necessary to
facilitate a national IP-enabled emergency network;
``(H) assess, collect, and analyze the experiences of the
public safety answering points and related public safety
authorities who are conducting trial deployments of IP-enabled
emergency networks as of the date of enactment of the New and
Emerging Technologies 911 Improvement Act of 2008;
``(I) identify solutions for providing 9-1-1 and enhanced
9-1-1 access to those with disabilities and needed steps to
implement such solutions, including a recommended timeline; and
``(J) analyze efforts to provide automatic location for
enhanced 9-1-1 services and provide recommendations on
regulatory or legislative changes that are necessary to achieve
automatic location for enhanced 9-1-1 services.
``(3) Consultation.--In developing the plan required by
paragraph (1), the Office shall consult with representatives of the
public safety community, groups representing those with
disabilities, technology and telecommunications providers, IP-
enabled voice service providers, Telecommunications Relay Service
providers, and other emergency communications providers and others
it deems appropriate.''.

TITLE II--PARITY OF PROTECTION

SEC. 201. LIABILITY.

(a) Amendments.--Section 4 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
(1) by striking ``parity of protection for provision or use of
wireless service.'' in the section heading and inserting ``service
provider parity of protection.'';
(2) in subsection (a)--
(A) by striking ``wireless carrier,'' and inserting
``wireless carrier, IP-enabled voice service provider, or other
emergency communications provider,'';
(B) by striking ``its officers'' the first place it appears
and inserting ``their officers'';
(C) by striking ``emergency calls or emergency services''
and inserting ``emergency calls, emergency services, or other
emergency communications services'';
(3) in subsection (b)--
(A) by striking ``using wireless 9-1-1 service shall'' and
inserting ``using wireless 9-1-1 service, or making 9-1-1
communications via IP-enabled voice service or other emergency
communications service, shall''; and
(B) by striking ``that is not wireless'' and inserting
``that is not via wireless 9-1-1 service, IP-enabled voice
service, or other emergency communications service''; and
(4) in subsection (c)--
(A) by striking ``wireless 9-1-1 communications, a PSAP''
and inserting ``9-1-1 communications via wireless 9-1-1
service, IP-enabled voice service, or other emergency
communications service, a PSAP''; and
(B) by striking ``that are not wireless'' and inserting
``that are not via wireless 9-1-1 service, IP-enabled voice
service, or other emergency communications service''.
(b) Definition.--Section 7 of the Wireless Communications and
Public Safety Act of 1999 (as redesignated by section 101(1) of this
Act) is further amended by adding at the end the following new
paragraphs:
``(8) Other emergency communications service.--The term `other
emergency communications service' means the provision of emergency
information to a public safety answering point via wire or radio
communications, and may include 9-1-1 and enhanced 9-1-1 service.
``(9) Other emergency communications service provider.--The
term `other emergency communications service provider' means--
``(A) an entity other than a local exchange carrier,
wireless carrier, or an IP-enabled voice service provider that
is required by the Federal Communications Commission consistent
with the Commission's authority under the Communications Act of
1934 to provide other emergency communications services; or
``(B) in the absence of a Commission requirement as
described in subparagraph (A), an entity that voluntarily
elects to provide other emergency communications services and
is specifically authorized by the appropriate local or State 9-
1-1 service governing authority to provide other emergency
communications services.
``(10) Enhanced 9-1-1 service.--The term `enhanced 9-1-1
service' means the delivery of 9-1-1 calls with automatic number
identification and automatic location identification, or successor
or equivalent information features over the wireline E911 network
(as defined in section 9.3 of the Federal Communications
Commission's regulations (47 C.F.R. 9.3) as of the date of
enactment of the New and Emerging Technologies 911 Improvement Act
of 2008) and equivalent or successor networks and technologies. The
term also includes any enhanced 9-1-1 service so designated by the
Commission in its Report and Order in WC Docket Nos. 04-36 and 05-
196, or any successor proceeding.''.

TITLE III--AUTHORITY TO PROVIDE CUSTOMER INFORMATION FOR 911 PURPOSES

SEC. 301. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.

Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) by inserting ``or the user of an IP-enabled voice service
(as such term is defined in section 7 of the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C. 615b))''
after ``section 332(d))'' each place it appears in subsections
(d)(4) and (f)(1);
(2) by striking ``Wireless'' in the heading of subsection (f);
and
(3) in subsection (g), by inserting ``or a provider of IP-
enabled voice service (as such term is defined in section 7 of the
Wireless Communications and Public Safety Act of 1999 (47 U.S.C.
615b))'' after ``telephone exchange service''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.