FIRST RESPONDER Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5928 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. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 18, 2020 Mr. WALDEN introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fee Integrity and Re- 4 sponsibilities and To Regain Essential Spectrum for Pub- 5 lic-safety Operators Needed to Deploy Equipment Reliably 6 Act of 2020’’ or the ‘‘FIRST RESPONDER Act of 7 2020’’. 8 VerDate Sep 11 2014 22:09 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928 pamtmann on DSKBC47HB2PROD with BILLS 2 •HR 5928 IH SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE AND 1 AUCTION T-BAND SPECTRUM. 2 (a) REPEAL.—Section 6103 of the Middle Class Tax 3 Relief and Job Creation Act of 2012 (47 U.S.C. 1413) 4 is repealed. 5 (b) CLERICAL AMENDMENT.—The table of contents 6 in section 1(b) of such Act is amended by striking the 7 item relating to section 6103. 8 SEC. 3. CLARIFYING ACCEPTABLE 9–1–1 OBLIGATIONS OR 9 EXPENDITURES. 10 Section 6 of the Wireless Communications and Public 11 Safety Act of 1999 (47 U.S.C. 615a–1) is amended— 12 (1) in subsection (f)— 13 (A) in paragraph (1), by striking ‘‘as spec- 14 ified in the provision of State or local law 15 adopting the fee or charge’’ and inserting ‘‘con- 16 sistent with the purposes and functions des- 17 ignated in the final rules issued under para- 18 graph (3) as purposes and functions for which 19 the obligation or expenditure of such a fee or 20 charge is acceptable’’; 21 (B) in paragraph (2), by striking ‘‘any 22 purpose other than the purpose for which any 23 such fees or charges are specified’’ and insert- 24 ing ‘‘any purpose or function other than the 25 purposes and functions designated in the final 26 VerDate Sep 11 2014 22:09 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928 pamtmann on DSKBC47HB2PROD with BILLS 3 •HR 5928 IH rules issued under paragraph (3) as purposes 1 and functions for which the obligation or ex- 2 penditure of any such fees or charges is accept- 3 able’’; and 4 (C) by adding at the end the following: 5 ‘‘(3) ACCEPTABLE OBLIGATIONS OR EXPENDI- 6 TURES.— 7 ‘‘(A) RULES REQUIRED.—In order to pre- 8 vent diversion of 9–1–1 fees or charges, the 9 Commission shall, not later than 180 days after 10 the date of the enactment of this paragraph, 11 issue final rules designating purposes and func- 12 tions for which the obligation or expenditure of 13 9–1–1 fees or charges, by any State or taxing 14 jurisdiction authorized to impose such a fee or 15 charge, is acceptable. 16 ‘‘(B) PURPOSES AND FUNCTIONS.—The 17 purposes and functions designated under sub- 18 paragraph (A) shall be limited to the support 19 and implementation of 9–1–1 services provided 20 by or in the State or taxing jurisdiction impos- 21 ing the fee or charge and operational expenses 22 of public safety answering points within such 23 State or taxing jurisdiction. 24 VerDate Sep 11 2014 22:09 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928 pamtmann on DSKBC47HB2PROD with BILLS 4 •HR 5928 IH ‘‘(C) CONSULTATION REQUIRED.—The 1 Commission shall consult with public safety or- 2 ganizations and States and taxing jurisdictions 3 as part of any proceeding under this paragraph. 4 ‘‘(D) DEFINITIONS.—In this paragraph: 5 ‘‘(i) 9–1–1 FEE OR CHARGE.—The 6 term ‘9–1–1 fee or charge’ means a fee or 7 charge applicable to commercial mobile 8 services or IP-enabled voice services spe- 9 cifically designated by a State or taxing ju- 10 risdiction for the support or implementa- 11 tion of 9–1–1 services. 12 ‘‘(ii) 9–1–1 SERVICES.—The term ‘9– 13 1–1 services’ has the meaning given such 14 term in section 158(e) of the National 15 Telecommunications and Information Ad- 16 ministration Organization Act (47 U.S.C. 17 942(e)). 18 ‘‘(iii) STATE OR TAXING JURISDIC- 19 TION.—The term ‘State or taxing jurisdic- 20 tion’ means a State, political subdivision 21 thereof, Indian Tribe, or village or regional 22 corporation serving a region established 23 pursuant to the Alaska Native Claims Set- 24 tlement Act (43 U.S.C. 1601 et seq.). 25 VerDate Sep 11 2014 22:09 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928 pamtmann on DSKBC47HB2PROD with BILLS 5 •HR 5928 IH ‘‘(4) PARTICIPATION.—A State or taxing juris- 1 diction (as defined in paragraph (3)(D)) shall pro- 2 vide the information requested by the Commission to 3 prepare the report required by paragraph (2).’’; and 4 (2) by adding at the end the following: 5 ‘‘(j) SEVERABILITY CLAUSE.—If any provision of this 6 section or the application thereof to any person or cir- 7 cumstance is held invalid, the remainder of this section 8 and the application of such provision to other persons or 9 circumstances shall not be affected thereby.’’. 10 SEC. 4. PROHIBITION ON 9–1–1 FEE OR CHARGE DIVERSION. 11 (a) IN GENERAL.—If the Commission obtains evi- 12 dence that suggests the diversion by a State or taxing ju- 13 risdiction of 9–1–1 fees or charges, the Commission shall 14 submit such information to the interagency strike force 15 established under subsection (c). 16 (b) REPORT TO CONGRESS.—Beginning with the first 17 report under section 6(f)(2) of the Wireless Communica- 18 tions and Public Safety Act of 1999 (47 U.S.C. 615a– 19 1(f)(2)) that is required to be submitted after the date 20 that is 1 year after the date of the enactment of this Act, 21 the Commission shall include in each report required 22 under such section all evidence that suggests the diversion 23 by a State or taxing jurisdiction of 9–1–1 fees or charges. 24 VerDate Sep 11 2014 22:09 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928 pamtmann on DSKBC47HB2PROD with BILLS 6 •HR 5928 IH (c) INTERAGENCY STRIKE FORCE TO END 9–1–1 1 FEE OR CHARGE DIVERSION.— 2 (1) ESTABLISHMENT.—Not later than 180 days 3 after the date of the enactment of this Act, the 4 Commission shall establish an interagency strike 5 force to study how the Federal Government can 6 most expeditiously end diversion by a State or taxing 7 jurisdiction of 9–1–1 fees or charges. Such inter- 8 agency strike force shall be known as the ‘‘Ending 9 9–1–1 Fee Diversion Now Strike Force’’ (in this 10 section referred to as the ‘‘Strike Force’’). 11 (2) DUTIES.—In carrying out the study under 12 paragraph (1), the Strike Force shall— 13 (A) determine the effectiveness of any Fed- 14 eral laws, including regulations, policies, and 15 practices, or budgetary or jurisdictional con- 16 straints regarding how the Federal Government 17 can most expeditiously end diversion by a State 18 or taxing jurisdiction of 9–1–1 fees or charges; 19 and 20 (B) consider whether criminal penalties 21 would further prevent diversion by a State or 22 taxing jurisdiction of 9–1–1 fees or charges. 23 (3) MEMBERS.—The Strike Force shall be com- 24 posed of such representatives of Federal depart- 25 VerDate Sep 11 2014 22:09 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928 pamtmann on DSKBC47HB2PROD with BILLS 7 •HR 5928 IH 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 22:09 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928 pamtmann on DSKBC47HB2PROD with BILLS 8 •HR 5928 IH 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 (e) DEFINITIONS.—In this section: 19 (1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1– 20 1 fee or charge’’ has the meaning given such term 21 in subparagraph (D) of paragraph (3) of section 6(f) 22 of the Wireless Communications and Public Safety 23 Act of 1999, as added by this Act. 24 VerDate Sep 11 2014 22:09 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928 pamtmann on DSKBC47HB2PROD with BILLS 9 •HR 5928 IH (2) COMMISSION.—The term ‘‘Commission’’ 1 means the Federal Communications Commission. 2 (3) DIVERSION.—The term ‘‘diversion’’ means, 3 with respect to a 9–1–1 fee or charge, the obligation 4 or expenditure of such fee or charge for a purpose 5 or function other than the purposes and functions 6 designated in the final rules issued under paragraph 7 (3) of section 6(f) of the Wireless Communications 8 and Public Safety Act of 1999, as added by this Act, 9 as purposes and functions for which the obligation 10 or expenditure of such a fee or charge is acceptable. 11 (4) STATE OR TAXING JURISDICTION.—The 12 term ‘‘State or taxing jurisdiction’’ has the meaning 13 given such term in subparagraph (D) of paragraph 14 (3) of section 6(f) of the Wireless Communications 15 and Public Safety Act of 1999, as added by this Act. 16 Æ VerDate Sep 11 2014 22:09 Feb 20, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H5928.IH H5928 pamtmann on DSKBC47HB2PROD with BILLS