Don’t Break Up the T-Band Act of 2020

IIB 116TH CONGRESS 2D SESSION H. R. 451 IN THE SENATE OF THE UNITED STATES SEPTEMBER 24, 2020 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To repeal the requirement to reallocate and auction the T- Band spectrum, to amend the Wireless Communications and Public Safety Act of 1999 to clarify acceptable 9– 1–1 obligations or expenditures, 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 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 451 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Don’t Break Up the 2 T-Band Act of 2020’’. 3 SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE AND 4 AUCTION T-BAND SPECTRUM. 5 (a) REPEAL.—Section 6103 of the Middle Class Tax 6 Relief and Job Creation Act of 2012 (47 U.S.C. 1413) 7 is repealed. 8 (b) CLERICAL AMENDMENT.—The table of contents 9 in section 1(b) of such Act is amended by striking the 10 item relating to section 6103. 11 SEC. 3. CLARIFYING ACCEPTABLE 9–1–1 OBLIGATIONS OR 12 EXPENDITURES. 13 Section 6 of the Wireless Communications and Public 14 Safety Act of 1999 (47 U.S.C. 615a–1) is amended— 15 (1) in subsection (f)— 16 (A) in paragraph (1), by striking ‘‘as spec- 17 ified in the provision of State or local law 18 adopting the fee or charge’’ and inserting ‘‘con- 19 sistent with the purposes and functions des- 20 ignated in the final rules issued under para- 21 graph (3) as purposes and functions for which 22 the obligation or expenditure of such a fee or 23 charge is acceptable’’; 24 (B) in paragraph (2), by striking ‘‘any 25 purpose other than the purpose for which any 26 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 451 RFS such fees or charges are specified’’ and insert- 1 ing ‘‘any purpose or function other than the 2 purposes and functions designated in the final 3 rules issued under paragraph (3) as purposes 4 and functions for which the obligation or ex- 5 penditure of any such fees or charges is accept- 6 able’’; and 7 (C) by adding at the end the following: 8 ‘‘(3) ACCEPTABLE OBLIGATIONS OR EXPENDI- 9 TURES.— 10 ‘‘(A) RULES REQUIRED.—In order to pre- 11 vent diversion of 9–1–1 fees or charges, the 12 Commission shall, not later than 180 days after 13 the date of the enactment of this paragraph, 14 issue final rules designating purposes and func- 15 tions for which the obligation or expenditure of 16 9–1–1 fees or charges, by any State or taxing 17 jurisdiction authorized to impose such a fee or 18 charge, is acceptable. 19 ‘‘(B) PURPOSES AND FUNCTIONS.—The 20 purposes and functions designated under sub- 21 paragraph (A) shall be limited to the support 22 and implementation of 9–1–1 services provided 23 by or in the State or taxing jurisdiction impos- 24 ing the fee or charge and operational expenses 25 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 451 RFS of public safety answering points within such 1 State or taxing jurisdiction. In designating such 2 purposes and functions, the Commission shall 3 consider the purposes and functions that States 4 and taxing jurisdictions specify as the intended 5 purposes and functions for the 9–1–1 fees or 6 charges of such States and taxing jurisdictions, 7 and determine whether such purposes and func- 8 tions directly support providing 9–1–1 services. 9 ‘‘(C) CONSULTATION REQUIRED.—The 10 Commission shall consult with public safety or- 11 ganizations and States and taxing jurisdictions 12 as part of any proceeding under this paragraph. 13 ‘‘(D) DEFINITIONS.—In this paragraph: 14 ‘‘(i) 9–1–1 FEE OR CHARGE.—The 15 term ‘9–1–1 fee or charge’ means a fee or 16 charge applicable to commercial mobile 17 services or IP-enabled voice services spe- 18 cifically designated by a State or taxing ju- 19 risdiction for the support or implementa- 20 tion of 9–1–1 services. 21 ‘‘(ii) 9–1–1 SERVICES.—The term ‘9– 22 1–1 services’ has the meaning given such 23 term in section 158(e) of the National 24 Telecommunications and Information Ad- 25 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 451 RFS ministration Organization Act (47 U.S.C. 1 942(e)). 2 ‘‘(iii) STATE OR TAXING JURISDIC- 3 TION.—The term ‘State or taxing jurisdic- 4 tion’ means a State, political subdivision 5 thereof, Indian Tribe, or village or regional 6 corporation serving a region established 7 pursuant to the Alaska Native Claims Set- 8 tlement Act (43 U.S.C. 1601 et seq.). 9 ‘‘(4) PARTICIPATION.—If a State or taxing ju- 10 risdiction (as defined in paragraph (3)(D)) receives 11 a grant under section 158 of the National Tele- 12 communications and Information Administration Or- 13 ganization Act (47 U.S.C. 942) after the date of the 14 enactment of this paragraph, such State or taxing 15 jurisdiction shall, as a condition of receiving such 16 grant, provide the information requested by the 17 Commission to prepare the report required by para- 18 graph (2). 19 ‘‘(5) PETITION REGARDING ADDITIONAL PUR- 20 POSES AND FUNCTIONS.— 21 ‘‘(A) IN GENERAL.—A State or taxing ju- 22 risdiction (as defined in paragraph (3)(D)) may 23 submit to the Commission a petition for a de- 24 termination that an obligation or expenditure of 25 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 451 RFS a 9–1–1 fee or charge (as defined in such para- 1 graph) by such State or taxing jurisdiction for 2 a purpose or function other than a purpose or 3 function designated under paragraph (3)(A) 4 should be treated as such a purpose or function. 5 If the Commission finds that the State or tax- 6 ing jurisdiction has provided sufficient docu- 7 mentation to make the demonstration described 8 in subparagraph (B), the Commission shall 9 grant such petition. 10 ‘‘(B) DEMONSTRATION DESCRIBED.—The 11 demonstration described in this subparagraph is 12 a demonstration that the purpose or function— 13 ‘‘(i) supports public safety answering 14 point functions or operations; or 15 ‘‘(ii) has a direct impact on the ability 16 of a public safety answering point to— 17 ‘‘(I) receive or respond to 9–1–1 18 calls; or 19 ‘‘(II) dispatch emergency re- 20 sponders.’’; and 21 (2) by adding at the end the following: 22 ‘‘(j) SEVERABILITY CLAUSE.—If any provision of this 23 section or the application thereof to any person or cir- 24 cumstance is held invalid, the remainder of this section 25 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 451 RFS and the application of such provision to other persons or 1 circumstances shall not be affected thereby.’’. 2 SEC. 4. PROHIBITION ON 9–1–1 FEE OR CHARGE DIVERSION. 3 (a) IN GENERAL.—If the Commission obtains evi- 4 dence that suggests the diversion by a State or taxing ju- 5 risdiction of 9–1–1 fees or charges, the Commission shall 6 submit such information, including any information re- 7 garding the impact of any underfunding of 9–1–1 services 8 in the State or taxing jurisdiction, to the interagency 9 strike force established under subsection (c). 10 (b) REPORT TO CONGRESS.—Beginning with the first 11 report under section 6(f)(2) of the Wireless Communica- 12 tions and Public Safety Act of 1999 (47 U.S.C. 615a– 13 1(f)(2)) that is required to be submitted after the date 14 that is 1 year after the date of the enactment of this Act, 15 the Commission shall include in each report required 16 under such section all evidence that suggests the diversion 17 by a State or taxing jurisdiction of 9–1–1 fees or charges, 18 including any information regarding the impact of any 19 underfunding of 9–1–1 services in the State or taxing ju- 20 risdiction. 21 (c) INTERAGENCY STRIKE FORCE TO END 9–1–1 22 FEE OR CHARGE DIVERSION.— 23 (1) ESTABLISHMENT.—Not later than 180 days 24 after the date of the enactment of this Act, the 25 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 451 RFS Commission shall establish an interagency strike 1 force to study how the Federal Government can 2 most expeditiously end diversion by a State or taxing 3 jurisdiction of 9–1–1 fees or charges. Such inter- 4 agency strike force shall be known as the ‘‘Ending 5 9–1–1 Fee Diversion Now Strike Force’’ (in this 6 section referred to as the ‘‘Strike Force’’). 7 (2) DUTIES.—In carrying out the study under 8 paragraph (1), the Strike Force shall— 9 (A) determine the effectiveness of any Fed- 10 eral laws, including regulations, policies, and 11 practices, or budgetary or jurisdictional con- 12 straints regarding how the Federal Government 13 can most expeditiously end diversion by a State 14 or taxing jurisdiction of 9–1–1 fees or charges; 15 (B) consider whether criminal penalties 16 would further prevent diversion by a State or 17 taxing jurisdiction of 9–1–1 fees or charges; 18 and 19 (C) determine the impacts of diversion by 20 a State or taxing jurisdiction of 9–1–1 fees or 21 charges. 22 (3) MEMBERS.—The Strike Force shall be com- 23 posed of such representatives of Federal depart- 24 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 451 RFS ments and agencies as the Commission considers ap- 1 propriate, in addition to— 2 (A) State attorneys general; 3 (B) States or taxing jurisdictions found 4 not to be engaging in diversion of 9–1–1 fees 5 or charges; 6 (C) States or taxing jurisdictions trying to 7 stop the diversion of 9–1–1 fees or charges; 8 (D) State 9–1–1 administrators; 9 (E) public safety organizations; 10 (F) groups representing the public and 11 consumers; and 12 (G) groups representing public safety an- 13 swering point professionals. 14 (4) REPORT TO CONGRESS.—Not later than 15 270 days after the date of the enactment of this Act, 16 the Strike Force shall publish on the website of the 17 Commission and submit to the Committee on En- 18 ergy and Commerce of the House of Representatives 19 and the Committee on Commerce, Science, and 20 Transportation of the Senate a report on the find- 21 ings of the study under this subsection, including— 22 (A) any recommendations regarding how to 23 most expeditiously end the diversion by a State 24 or taxing jurisdiction of 9–1–1 fees or charges, 25 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 451 RFS including actions that can be taken by Federal 1 departments and agencies and appropriate 2 changes to law or regulations; and 3 (B) a description of what progress, if any, 4 relevant Federal departments and agencies have 5 made in implementing the recommendations 6 under subparagraph (A). 7 (d) FAILURE TO COMPLY.—Notwithstanding any 8 other provision of law, any State or taxing jurisdiction 9 identified by the Commission in the report required under 10 section 6(f)(2) of the Wireless Communications and Public 11 Safety Act of 1999 (47 U.S.C. 615a–1(f)(2)) as engaging 12 in diversion of 9–1–1 fees or charges shall be ineligible 13 to participate or send a representative to serve on any 14 committee, panel, or council established under section 15 6205(a) of the Middle Class Tax Relief and Job Creation 16 Act of 2012 (47 U.S.C. 1425(a)) or any advisory com- 17 mittee established by the Commission. 18 SEC. 5. RULE OF CONSTRUCTION. 19 Nothing in this Act, the Wireless Communications 20 and Public Safety Act of 1999 (Public Law 106–81), or 21 the Communications Act of 1934 (47 U.S.C. 151 et seq.) 22 shall be construed to prevent a State or taxing jurisdiction 23 from requiring an annual audit of the books and records 24 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 451 RFS of a provider of 9–1–1 services concerning the collection 1 and remittance of a 9–1–1 fee or charge. 2 SEC. 6. DEFINITIONS. 3 In this Act: 4 (1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1– 5 1 fee or charge’’ has the meaning given such term 6 in subparagraph (D) of paragraph (3) of section 6(f) 7 of the Wireless Communications and Public Safety 8 Act of 1999, as added by this Act. 9 (2) 9–1–1 SERVICES.—The term ‘‘9–1–1 serv- 10 ices’’ has the meaning given such term in section 11 158(e) of the National Telecommunications and In- 12 formation Administration Organization Act (47 13 U.S.C. 942(e)). 14 (3) COMMISSION.—The term ‘‘Commission’’ 15 means the Federal Communications Commission. 16 (4) DIVERSION.—The term ‘‘diversion’’ means, 17 with respect to a 9–1–1 fee or charge, the obligation 18 or expenditure of such fee or charge for a purpose 19 or function other than the purposes and functions 20 designated in the final rules issued under paragraph 21 (3) of section 6(f) of the Wireless Communications 22 and Public Safety Act of 1999, as added by this Act, 23 as purposes and functions for which the obligation 24 or expenditure of such a fee or charge is acceptable. 25 VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 451 RFS (5) STATE OR TAXING JURISDICTION.—The 1 term ‘‘State or taxing jurisdiction’’ has the meaning 2 given such term in subparagraph (D) of paragraph 3 (3) of section 6(f) of the Wireless Communications 4 and Public Safety Act of 1999, as added by this Act. 5 SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. 6 The budgetary effects of this Act, for the purpose of 7 complying with the Statutory Pay-As-You-Go Act of 2010, 8 shall be determined by reference to the latest statement 9 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 10 Act, submitted for printing in the Congressional Record 11 by the Chairman of the House Budget Committee, pro- 12 vided that such statement has been submitted prior to the 13 vote on passage. 14 Passed the House of Representatives September 23, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451 pamtmann on DSKBC07HB2PR [Text truncated for display. Full text available on Congress.gov.]