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 TBand 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Don’t Break Up the 

3 T-Band Act of 2020’’. 

4 SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE AND 

5 AUCTION T-BAND SPECTRUM. 

6 (a) REPEAL.—Section 6103 of the Middle Class Tax 

7 Relief and Job Creation Act of 2012 (47 U.S.C. 1413) 

8 is repealed. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in section 1(b) of such Act is amended by striking the 

11 item relating to section 6103. 

12 SEC. 3. CLARIFYING ACCEPTABLE 9–1–1 OBLIGATIONS OR 

13 EXPENDITURES. 

14 Section 6 of the Wireless Communications and Public 

15 Safety Act of 1999 (47 U.S.C. 615a–1) is amended— 

16 (1) in subsection (f)— 

17 (A) in paragraph (1), by striking ‘‘as spec18 ified in the provision of State or local law 

19 adopting the fee or charge’’ and inserting ‘‘con20 sistent with the purposes and functions des21 ignated in the final rules issued under para22 graph (3) as purposes and functions for which 

23 the obligation or expenditure of such a fee or 

24 charge is acceptable’’; 

25 (B) in paragraph (2), by striking ‘‘any 

26 purpose other than the purpose for which any 


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1 such fees or charges are specified’’ and insert2 ing ‘‘any purpose or function other than the 

3 purposes and functions designated in the final 

4 rules issued under paragraph (3) as purposes 

5 and functions for which the obligation or ex6 penditure of any such fees or charges is accept7 able’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(3) ACCEPTABLE OBLIGATIONS OR EXPENDI10 TURES.— 

11 ‘‘(A) RULES REQUIRED.—In order to pre12 vent diversion of 9–1–1 fees or charges, the 

13 Commission shall, not later than 180 days after 

14 the date of the enactment of this paragraph, 

15 issue final rules designating purposes and func16 tions for which the obligation or expenditure of 

17 9–1–1 fees or charges, by any State or taxing 

18 jurisdiction authorized to impose such a fee or 

19 charge, is acceptable. 

20 ‘‘(B) PURPOSES AND FUNCTIONS.—The 

21 purposes and functions designated under sub22 paragraph (A) shall be limited to the support 

23 and implementation of 9–1–1 services provided 

24 by or in the State or taxing jurisdiction impos25 ing the fee or charge and operational expenses 


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1 of public safety answering points within such 

2 State or taxing jurisdiction. In designating such 

3 purposes and functions, the Commission shall 

4 consider the purposes and functions that States 

5 and taxing jurisdictions specify as the intended 

6 purposes and functions for the 9–1–1 fees or 

7 charges of such States and taxing jurisdictions, 

8 and determine whether such purposes and func9 tions directly support providing 9–1–1 services. 

10 ‘‘(C) CONSULTATION REQUIRED.—The 

11 Commission shall consult with public safety or12 ganizations and States and taxing jurisdictions 

13 as part of any proceeding under this paragraph. 

14 ‘‘(D) DEFINITIONS.—In this paragraph: 

15 ‘‘(i) 9–1–1 FEE OR CHARGE.—The 

16 term ‘9–1–1 fee or charge’ means a fee or 

17 charge applicable to commercial mobile 

18 services or IP-enabled voice services spe19 cifically designated by a State or taxing ju20 risdiction for the support or implementa21 tion of 9–1–1 services. 

22 ‘‘(ii) 9–1–1 SERVICES.—The term ‘9– 

23 1–1 services’ has the meaning given such 

24 term in section 158(e) of the National 

25 Telecommunications and Information AdVerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451

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1 ministration Organization Act (47 U.S.C. 

2 942(e)). 

3 ‘‘(iii) STATE OR TAXING JURISDIC4 TION.—The term ‘State or taxing jurisdic5 tion’ means a State, political subdivision 

6 thereof, Indian Tribe, or village or regional 

7 corporation serving a region established 

8 pursuant to the Alaska Native Claims Set9 tlement Act (43 U.S.C. 1601 et seq.). 

10 ‘‘(4) PARTICIPATION.—If a State or taxing ju11 risdiction (as defined in paragraph (3)(D)) receives 

12 a grant under section 158 of the National Tele13 communications and Information Administration Or14 ganization Act (47 U.S.C. 942) after the date of the 

15 enactment of this paragraph, such State or taxing 

16 jurisdiction shall, as a condition of receiving such 

17 grant, provide the information requested by the 

18 Commission to prepare the report required by para19 graph (2). 

20 ‘‘(5) PETITION REGARDING ADDITIONAL PUR21 POSES AND FUNCTIONS.— 

22 ‘‘(A) IN GENERAL.—A State or taxing ju23 risdiction (as defined in paragraph (3)(D)) may 

24 submit to the Commission a petition for a de25 termination that an obligation or expenditure of 


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1 a 9–1–1 fee or charge (as defined in such para2 graph) by such State or taxing jurisdiction for 

3 a purpose or function other than a purpose or 

4 function designated under paragraph (3)(A) 

5 should be treated as such a purpose or function. 

6 If the Commission finds that the State or tax7 ing jurisdiction has provided sufficient docu8 mentation to make the demonstration described 

9 in subparagraph (B), the Commission shall 

10 grant such petition. 

11 ‘‘(B) DEMONSTRATION DESCRIBED.—The 

12 demonstration described in this subparagraph is 

13 a demonstration that the purpose or function— 

14 ‘‘(i) supports public safety answering 

15 point functions or operations; or 

16 ‘‘(ii) has a direct impact on the ability 

17 of a public safety answering point to— 

18 ‘‘(I) receive or respond to 9–1–1 

19 calls; or 

20 ‘‘(II) dispatch emergency re21 sponders.’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(j) SEVERABILITY CLAUSE.—If any provision of this 

24 section or the application thereof to any person or cir25 cumstance is held invalid, the remainder of this section 


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1 and the application of such provision to other persons or 

2 circumstances shall not be affected thereby.’’. 

3 SEC. 4. PROHIBITION ON 9–1–1 FEE OR CHARGE DIVERSION. 

4 (a) IN GENERAL.—If the Commission obtains evi5 dence that suggests the diversion by a State or taxing ju6 risdiction of 9–1–1 fees or charges, the Commission shall 

7 submit such information, including any information re8 garding the impact of any underfunding of 9–1–1 services 

9 in the State or taxing jurisdiction, to the interagency 

10 strike force established under subsection (c). 

11 (b) REPORT TO CONGRESS.—Beginning with the first 

12 report under section 6(f)(2) of the Wireless Communica13 tions and Public Safety Act of 1999 (47 U.S.C. 615a– 

14 1(f)(2)) that is required to be submitted after the date 

15 that is 1 year after the date of the enactment of this Act, 

16 the Commission shall include in each report required 

17 under such section all evidence that suggests the diversion 

18 by a State or taxing jurisdiction of 9–1–1 fees or charges, 

19 including any information regarding the impact of any 

20 underfunding of 9–1–1 services in the State or taxing ju21 risdiction. 

22 (c) INTERAGENCY STRIKE FORCE TO END 9–1–1 

23 FEE OR CHARGE DIVERSION.— 

24 (1) ESTABLISHMENT.—Not later than 180 days 

25 after the date of the enactment of this Act, the 


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1 Commission shall establish an interagency strike 

2 force to study how the Federal Government can 

3 most expeditiously end diversion by a State or taxing 

4 jurisdiction of 9–1–1 fees or charges. Such inter5 agency strike force shall be known as the ‘‘Ending 

6 9–1–1 Fee Diversion Now Strike Force’’ (in this 

7 section referred to as the ‘‘Strike Force’’). 

8 (2) DUTIES.—In carrying out the study under 

9 paragraph (1), the Strike Force shall— 

10 (A) determine the effectiveness of any Fed11 eral laws, including regulations, policies, and 

12 practices, or budgetary or jurisdictional con13 straints regarding how the Federal Government 

14 can most expeditiously end diversion by a State 

15 or taxing jurisdiction of 9–1–1 fees or charges; 

16 (B) consider whether criminal penalties 

17 would further prevent diversion by a State or 

18 taxing jurisdiction of 9–1–1 fees or charges; 

19 and 

20 (C) determine the impacts of diversion by 

21 a State or taxing jurisdiction of 9–1–1 fees or 

22 charges. 

23 (3) MEMBERS.—The Strike Force shall be com24 posed of such representatives of Federal departVerDate Sep 11 2014 18:38 Sep 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H451.RFS H451

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1 ments and agencies as the Commission considers ap2 propriate, in addition to— 

3 (A) State attorneys general; 

4 (B) States or taxing jurisdictions found 

5 not to be engaging in diversion of 9–1–1 fees 

6 or charges; 

7 (C) States or taxing jurisdictions trying to 

8 stop the diversion of 9–1–1 fees or charges; 

9 (D) State 9–1–1 administrators; 

10 (E) public safety organizations; 

11 (F) groups representing the public and 

12 consumers; and 

13 (G) groups representing public safety an14 swering point professionals. 

15 (4) REPORT TO CONGRESS.—Not later than 

16 270 days after the date of the enactment of this Act, 

17 the Strike Force shall publish on the website of the 

18 Commission and submit to the Committee on En19 ergy and Commerce of the House of Representatives 

20 and the Committee on Commerce, Science, and 

21 Transportation of the Senate a report on the find22 ings of the study under this subsection, including— 

23 (A) any recommendations regarding how to 

24 most expeditiously end the diversion by a State 

25 or taxing jurisdiction of 9–1–1 fees or charges, 


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1 including actions that can be taken by Federal 

2 departments and agencies and appropriate 

3 changes to law or regulations; and 

4 (B) a description of what progress, if any, 

5 relevant Federal departments and agencies have 

6 made in implementing the recommendations 

7 under subparagraph (A). 

8 (d) FAILURE TO COMPLY.—Notwithstanding any 

9 other provision of law, any State or taxing jurisdiction 

10 identified by the Commission in the report required under 

11 section 6(f)(2) of the Wireless Communications and Public 

12 Safety Act of 1999 (47 U.S.C. 615a–1(f)(2)) as engaging 

13 in diversion of 9–1–1 fees or charges shall be ineligible 

14 to participate or send a representative to serve on any 

15 committee, panel, or council established under section 

16 6205(a) of the Middle Class Tax Relief and Job Creation 

17 Act of 2012 (47 U.S.C. 1425(a)) or any advisory com18 mittee established by the Commission. 

19 SEC. 5. RULE OF CONSTRUCTION. 

20 Nothing in this Act, the Wireless Communications 

21 and Public Safety Act of 1999 (Public Law 106–81), or 

22 the Communications Act of 1934 (47 U.S.C. 151 et seq.) 

23 shall be construed to prevent a State or taxing jurisdiction 

24 from requiring an annual audit of the books and records 


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1 of a provider of 9–1–1 services concerning the collection 

2 and remittance of a 9–1–1 fee or charge. 

3 SEC. 6. DEFINITIONS. 

4 In this Act: 

5 (1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1– 

6 1 fee or charge’’ has the meaning given such term 

7 in subparagraph (D) of paragraph (3) of section 6(f) 

8 of the Wireless Communications and Public Safety 

9 Act of 1999, as added by this Act. 

10 (2) 9–1–1 SERVICES.—The term ‘‘9–1–1 serv11 ices’’ has the meaning given such term in section 

12 158(e) of the National Telecommunications and In13 formation Administration Organization Act (47 

14 U.S.C. 942(e)). 

15 (3) COMMISSION.—The term ‘‘Commission’’ 

16 means the Federal Communications Commission. 

17 (4) DIVERSION.—The term ‘‘diversion’’ means, 

18 with respect to a 9–1–1 fee or charge, the obligation 

19 or expenditure of such fee or charge for a purpose 

20 or function other than the purposes and functions 

21 designated in the final rules issued under paragraph 

22 (3) of section 6(f) of the Wireless Communications 

23 and Public Safety Act of 1999, as added by this Act, 

24 as purposes and functions for which the obligation 

25 or expenditure of such a fee or charge is acceptable. 


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1 (5) STATE OR TAXING JURISDICTION.—The 

2 term ‘‘State or taxing jurisdiction’’ has the meaning 

3 given such term in subparagraph (D) of paragraph 

4 (3) of section 6(f) of the Wireless Communications 

5 and Public Safety Act of 1999, as added by this Act. 

6 SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. 

7 The budgetary effects of this Act, for the purpose of 

8 complying with the Statutory Pay-As-You-Go Act of 2010, 

9 shall be determined by reference to the latest statement 

10 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

11 Act, submitted for printing in the Congressional Record 

12 by the Chairman of the House Budget Committee, pro13 vided that such statement has been submitted prior to the 

14 vote on passage. 

Passed the House of Representatives September 23, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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