[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 451 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 421
116th CONGRESS
  2d Session
                                H. R. 451

                          [Report No. 116-521]

 To repeal the section of the Middle Class Tax Relief and Job Creation 
  Act of 2012 that requires the Federal Communications Commission to 
              reallocate and auction the T-Band spectrum.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2019

Mr. Engel (for himself, Mr. Zeldin, Mr. Green of Texas, and Mr. King of 
  New York) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

                           September 18, 2020

Additional sponsors: Mr. Rose of New York, Mrs. Lowey, Mr. Schiff, Mrs. 
  Torres of California, Mr. Lynch, Mrs. Napolitano, Mr. Pascrell, Mr. 
Moulton, Ms. Velazquez, Mrs. Carolyn B. Maloney of New York, Ms. Meng, 
Miss Rice of New York, Ms. Norton, Ms. Jackson Lee, Mr. Espaillat, Mr. 
 Michael F. Doyle of Pennsylvania, Mr. Suozzi, Mr. Lamb, Mr. Van Drew, 
                     Mr. Gottheimer, and Mr. Neguse

                           September 18, 2020

Reported with amendments; committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                               10, 2019]

_______________________________________________________________________

                                 A BILL


 
 To repeal the section of the Middle Class Tax Relief and Job Creation 
  Act of 2012 that requires the Federal Communications Commission to 
              reallocate and auction the T-Band spectrum.


 


    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 ``Don't Break Up the T-Band Act of 
2020''.

SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE AND AUCTION T-BAND 
              SPECTRUM.

    (a) Repeal.--Section 6103 of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1413) is repealed.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 6103.

SEC. 3. CLARIFYING ACCEPTABLE 9-1-1 OBLIGATIONS OR EXPENDITURES.

    Section 6 of the Wireless Communications and Public Safety Act of 
1999 (47 U.S.C. 615a-1) is amended--
            (1) in subsection (f)--
                    (A) in paragraph (1), by striking ``as specified in 
                the provision of State or local law adopting the fee or 
                charge'' and inserting ``consistent with the purposes 
                and functions designated in the final rules issued 
                under paragraph (3) as purposes and functions for which 
                the obligation or expenditure of such a fee or charge 
                is acceptable'';
                    (B) in paragraph (2), by striking ``any purpose 
                other than the purpose for which any such fees or 
                charges are specified'' and inserting ``any purpose or 
                function other than the purposes and functions 
                designated in the final rules issued under paragraph 
                (3) as purposes and functions for which the obligation 
                or expenditure of any such fees or charges is 
                acceptable''; and
                    (C) by adding at the end the following:
            ``(3) Acceptable obligations or expenditures.--
                    ``(A) Rules required.--In order to prevent 
                diversion of 9-1-1 fees or charges, the Commission 
                shall, not later than 180 days after the date of the 
                enactment of this paragraph, issue final rules 
                designating purposes and functions for which the 
                obligation or expenditure of 9-1-1 fees or charges, by 
                any State or taxing jurisdiction authorized to impose 
                such a fee or charge, is acceptable.
                    ``(B) Purposes and functions.--The purposes and 
                functions designated under subparagraph (A) shall be 
                limited to the support and implementation of 9-1-1 
                services provided by or in the State or taxing 
                jurisdiction imposing the fee or charge and operational 
                expenses of public safety answering points within such 
                State or taxing jurisdiction. In designating such 
                purposes and functions, the Commission shall consider 
                the purposes and functions that States and taxing 
                jurisdictions specify as the intended purposes and 
                functions for the 9-1-1 fees or charges of such States 
                and taxing jurisdictions, and determine whether such 
                purposes and functions directly support providing 9-1-1 
                services.
                    ``(C) Consultation required.--The Commission shall 
                consult with public safety organizations and States and 
                taxing jurisdictions as part of any proceeding under 
                this paragraph.
                    ``(D) Definitions.--In this paragraph:
                            ``(i) 9-1-1 fee or charge.--The term `9-1-1 
                        fee or charge' means a fee or charge applicable 
                        to commercial mobile services or IP-enabled 
                        voice services specifically designated by a 
                        State or taxing jurisdiction for the support or 
                        implementation of 9-1-1 services.
                            ``(ii) 9-1-1 services.--The term `9-1-1 
                        services' has the meaning given such term in 
                        section 158(e) of the National 
                        Telecommunications and Information 
                        Administration Organization Act (47 U.S.C. 
                        942(e)).
                            ``(iii) State or taxing jurisdiction.--The 
                        term `State or taxing jurisdiction' means a 
                        State, political subdivision thereof, Indian 
                        Tribe, or village or regional corporation 
                        serving a region established pursuant to the 
                        Alaska Native Claims Settlement Act (43 U.S.C. 
                        1601 et seq.).
            ``(4) Participation.--If a State or taxing jurisdiction (as 
        defined in paragraph (3)(D)) receives a grant under section 158 
        of the National Telecommunications and Information 
        Administration Organization Act (47 U.S.C. 942) after the date 
        of the enactment of this paragraph, such State or taxing 
        jurisdiction shall, as a condition of receiving such grant, 
        provide the information requested by the Commission to prepare 
        the report required by paragraph (2).
            ``(5) Petition regarding additional purposes and 
        functions.--
                    ``(A) In general.--A State or taxing jurisdiction 
                (as defined in paragraph (3)(D)) may submit to the 
                Commission a petition for a determination that an 
                obligation or expenditure of a 9-1-1 fee or charge (as 
                defined in such paragraph) by such State or taxing 
                jurisdiction for a purpose or function other than a 
                purpose or function designated under paragraph (3)(A) 
                should be treated as such a purpose or function. If the 
                Commission finds that the State or taxing jurisdiction 
                has provided sufficient documentation to make the 
                demonstration described in subparagraph (B), the 
                Commission shall grant such petition.
                    ``(B) Demonstration described.--The demonstration 
                described in this subparagraph is a demonstration that 
                the purpose or function--
                            ``(i) supports public safety answering 
                        point functions or operations; or
                            ``(ii) has a direct impact on the ability 
                        of a public safety answering point to--
                                    ``(I) receive or respond to 9-1-1 
                                calls; or
                                    ``(II) dispatch emergency 
                                responders.''; and
            (2) by adding at the end the following:
    ``(j) Severability Clause.--If any provision of this section or the 
application thereof to any person or circumstance is held invalid, the 
remainder of this section and the application of such provision to 
other persons or circumstances shall not be affected thereby.''.

SEC. 4. PROHIBITION ON 9-1-1 FEE OR CHARGE DIVERSION.

    (a) In General.--If the Commission obtains evidence that suggests 
the diversion by a State or taxing jurisdiction of 9-1-1 fees or 
charges, the Commission shall submit such information, including any 
information regarding the impact of any underfunding of 9-1-1 services 
in the State or taxing jurisdiction, to the interagency strike force 
established under subsection (c).
    (b) Report to Congress.--Beginning with the first report under 
section 6(f)(2) of the Wireless Communications and Public Safety Act of 
1999 (47 U.S.C. 615a-1(f)(2)) that is required to be submitted after 
the date that is 1 year after the date of the enactment of this Act, 
the Commission shall include in each report required under such section 
all evidence that suggests the diversion by a State or taxing 
jurisdiction of 9-1-1 fees or charges, including any information 
regarding the impact of any underfunding of 9-1-1 services in the State 
or taxing jurisdiction.
    (c) Interagency Strike Force to End 9-1-1 Fee or Charge 
Diversion.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the Commission shall establish an 
        interagency strike force to study how the Federal Government 
        can most expeditiously end diversion by a State or taxing 
        jurisdiction of 9-1-1 fees or charges. Such interagency strike 
        force shall be known as the ``Ending 9-1-1 Fee Diversion Now 
        Strike Force'' (in this section referred to as the ``Strike 
        Force'').
            (2) Duties.--In carrying out the study under paragraph (1), 
        the Strike Force shall--
                    (A) determine the effectiveness of any Federal 
                laws, including regulations, policies, and practices, 
                or budgetary or jurisdictional constraints regarding 
                how the Federal Government can most expeditiously end 
                diversion by a State or taxing jurisdiction of 9-1-1 
                fees or charges;
                    (B) consider whether criminal penalties would 
                further prevent diversion by a State or taxing 
                jurisdiction of 9-1-1 fees or charges; and
                    (C) determine the impacts of diversion by a State 
                or taxing jurisdiction of 9-1-1 fees or charges.
            (3) Members.--The Strike Force shall be composed of such 
        representatives of Federal departments and agencies as the 
        Commission considers appropriate, in addition to--
                    (A) State attorneys general;
                    (B) States or taxing jurisdictions found not to be 
                engaging in diversion of 9-1-1 fees or charges;
                    (C) States or taxing jurisdictions trying to stop 
                the diversion of 9-1-1 fees or charges;
                    (D) State 9-1-1 administrators;
                    (E) public safety organizations;
                    (F) groups representing the public and consumers; 
                and
                    (G) groups representing public safety answering 
                point professionals.
            (4) Report to congress.--Not later than 270 days after the 
        date of the enactment of this Act, the Strike Force shall 
        publish on the website of the Commission and submit to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the findings of the 
        study under this subsection, including--
                    (A) any recommendations regarding how to most 
                expeditiously end the diversion by a State or taxing 
                jurisdiction of 9-1-1 fees or charges, including 
                actions that can be taken by Federal departments and 
                agencies and appropriate changes to law or regulations; 
                and
                    (B) a description of what progress, if any, 
                relevant Federal departments and agencies have made in 
                implementing the recommendations under subparagraph 
                (A).
    (d) Failure to Comply.--Notwithstanding any other provision of law, 
any State or taxing jurisdiction identified by the Commission in the 
report required under section 6(f)(2) of the Wireless Communications 
and Public Safety Act of 1999 (47 U.S.C. 615a-1(f)(2)) as engaging in 
diversion of 9-1-1 fees or charges shall be ineligible to participate 
or send a representative to serve on any committee, panel, or council 
established under section 6205(a) of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1425(a)) or any advisory committee 
established by the Commission.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act, the Wireless Communications and Public Safety 
Act of 1999 (Public Law 106-81), or the Communications Act of 1934 (47 
U.S.C. 151 et seq.) shall be construed to prevent a State or taxing 
jurisdiction from requiring an annual audit of the books and records of 
a provider of 9-1-1 services concerning the collection and remittance 
of a 9-1-1 fee or charge.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge'' 
        has the meaning given such term in subparagraph (D) of 
        paragraph (3) of section 6(f) of the Wireless Communications 
        and Public Safety Act of 1999, as added by this Act.
            (2) 9-1-1 services.--The term ``9-1-1 services'' has the 
        meaning given such term in section 158(e) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 942(e)).
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) Diversion.--The term ``diversion'' means, with respect 
        to a 9-1-1 fee or charge, the obligation or expenditure of such 
        fee or charge for a purpose or function other than the purposes 
        and functions designated in the final rules issued under 
        paragraph (3) of section 6(f) of the Wireless Communications 
        and Public Safety Act of 1999, as added by this Act, as 
        purposes and functions for which the obligation or expenditure 
        of such a fee or charge is acceptable.
            (5) State or taxing jurisdiction.--The term ``State or 
        taxing jurisdiction'' has the meaning given such term in 
        subparagraph (D) of paragraph (3) of section 6(f) of the 
        Wireless Communications and Public Safety Act of 1999, as added 
        by this Act.
            Amend the title so as to read: ``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.''.
                                                 Union Calendar No. 421

116th CONGRESS

  2d Session

                               H. R. 451

                          [Report No. 116-521]

_______________________________________________________________________

                                 A BILL

 To repeal the section of the Middle Class Tax Relief and Job Creation 
  Act of 2012 that requires the Federal Communications Commission to 
              reallocate and auction the T-Band spectrum.

_______________________________________________________________________

                           September 18, 2020

Reported with amendments; committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed