(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. (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 E911 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(1) 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. |