5161 
(B) shall be treated as a consumer product 
safety rule promulgated under section 9 of the 
Consumer Product Safety Act (15 U.S.C. 2058). 
(3) EXCEPTION.— 
(A) 
VOLUNTARY
STANDARD.—Paragraph 
(1) shall not apply for a class of portable fuel 
containers in the scope of this Act if the Com-
mission determines at any time that— 
(i) there is a voluntary standard for 
flame mitigation devices for those con-
tainers that impedes the propagation of 
flame into the container; 
(ii) the voluntary standard described 
in clause (i) is or will be in effect not later 
than 18 months after the date of enactment 
of this Act; and 
(iii) the voluntary standard described 
in clause (i) is developed by ASTM Inter-
national or such other standard develop-
ment organization that the Commission de-
termines to have met the intent of this Act. 
(B) DETERMINATION REQUIRED TO BE PUB-
LISHED IN THE FEDERAL REGISTER.—Any de-
termination made by the Commission under this 
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5162 
subsection shall be published in the Federal Reg-
ister. 
(4) TREATMENT OF VOLUNTARY STANDARD FOR 
PURPOSE OF ENFORCEMENT.—If the Commission de-
termines that a voluntary standard meets the condi-
tions described in paragraph (3)(A), the requirements 
of such voluntary standard shall be treated as a con-
sumer product safety rule promulgated under section 
9 of the Consumer Product Safety Act (15 U.S.C. 
2058) beginning on the date which is the later of— 
(A) 180 days after publication of the Com-
mission’s determination under paragraph (3); or 
(B) the effective date contained in the vol-
untary standard. 
(5) REVISION OF VOLUNTARY STANDARD.— 
(A) NOTICE
TO
COMMISSION.—If the re-
quirements of a voluntary standard that meet 
the conditions of paragraph (3) are subsequently 
revised, the organization that revised the stand-
ard shall notify the Commission after the final 
approval of the revision. 
(B) EFFECTIVE
DATE
OF
REVISION.—Not 
later than 180 days after the Commission is no-
tified of a revised voluntary standard described 
in subparagraph (A) (or such later date as the 
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5163 
Commission determines appropriate), such re-
vised voluntary standard shall become enforce-
able as a consumer product safety rule promul-
gated under section 9 of the Consumer Product 
Safety Act (15 U.S.C. 2058), in place of the 
prior version, unless within 90 days after receiv-
ing the notice the Commission determines that 
the revised voluntary standard does not meet the 
requirements described in paragraph (3). 
(6) FUTURE RULEMAKING.—The Commission, at 
any time after publication of the consumer product 
safety rule required by paragraph (1), a voluntary 
standard is treated as a consumer product safety rule 
under paragraph (4), or a revision is enforceable as 
a consumer product safety rule under paragraph (5) 
may initiate a rulemaking in accordance with section 
553 of title 5, United States Code, to modify the re-
quirements or to include any additional provision 
that the Commission determines is reasonably nec-
essary to protect the public against flame jetting from 
a portable fuel container. Any rule promulgated 
under this subsection shall be treated as a consumer 
product safety rule promulgated under section 9 of the 
Consumer Product Safety Act (15 U.S.C. 2058). 
(7) ACTION REQUIRED.— 
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5164 
(A) EDUCATION CAMPAIGN.—Not later than 
1 year after the date of enactment of this Act, the 
Commission shall undertake a campaign to edu-
cate consumers about the dangers associated with 
using or storing portable fuel containers for 
flammable liquids near an open flame or any 
other source of ignition. 
(B) SUMMARY OF ACTIONS.—Not later than 
2 years after the date of enactment of this Act, 
the Commission shall submit to Congress a sum-
mary of actions taken by the Commission in 
such campaign. 
(8) PORTABLE FUEL CONTAINER DEFINED.—In 
this Act, the term ‘‘portable fuel container’’ means 
any container or vessel (including any spout, cap, 
and other closure mechanism or component of such 
container or vessel or any retrofit or aftermarket 
spout or component intended or reasonably antici-
pated to be for use with such container)— 
(A) intended for flammable liquid fuels with 
a flash point less than 140 degrees Fahrenheit, 
including gasoline, kerosene, diesel, ethanol, 
methanol, denatured alcohol, or biofuels; 
(B) that is a consumer product with a ca-
pacity of 5 gallons or less; and 
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5165 
(C) that the manufacturer knows or reason-
ably should know is used by consumers for trans-
porting, storing, and dispensing flammable liq-
uid fuels. 
(9) RULE OF CONSTRUCTION.—This Act may not 
be interpreted to conflict with the Children’s Gasoline 
Burn Prevention Act (Public Law 110–278; 122 Stat. 
2602). 
(c) CHILDREN’S GASOLINE BURN PREVENTION ACT.— 
(1) AMENDMENT.—Section 2(c) of the Children’s 
Gasoline Burn Prevention Act (15 U.S.C. 2056 note; 
Public Law 110–278) is amended by inserting after 
‘‘for use by consumers’’ the following: ‘‘and any recep-
tacle for gasoline, kerosene, or diesel fuel, including 
any spout, cap, and other closure mechanism and 
component of such receptacle or any retrofit or 
aftermarket spout or component intended or reason-
ably anticipated to be for use with such receptacle, 
produced or distributed for sale to or use by con-
sumers for transport of, or refueling of internal com-
bustion engines with, gasoline, kerosene, or diesel 
fuel’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall take effect 6 months after the date 
of enactment of this Act. 
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5166 
SEC. 902. DON’T BREAK UP THE T-BAND. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Don’t Break Up the T-Band Act of 2020’’. 
(b) REPEAL OF REQUIREMENT TO REALLOCATE AND 
AUCTION T-BAND SPECTRUM.— 
(1) REPEAL.—Section 6103 of the Middle Class 
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1413) is repealed. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by strik-
ing the item relating to section 6103. 
(c) CLARIFYING ACCEPTABLE 9–1–1 OBLIGATIONS OR 
EXPENDITURES.—Section 6 of the Wireless Communica-
tions 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 speci-
fied in the provision of State or local law adopt-
ing 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 accept-
able’’; 
(B) in paragraph (2), by striking ‘‘any 
purpose other than the purpose for which any 
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5167 
such fees or charges are specified’’ and inserting 
‘‘any purpose or function other than the pur-
poses 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
EXPENDI-
TURES.— 
‘‘(A) RULES REQUIRED.—In order to pre-
vent diversion of 9–1–1 fees or charges, the Com-
mission 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 juris-
diction authorized to impose such a fee or 
charge, is acceptable. 
‘‘(B) PURPOSES AND FUNCTIONS.—The pur-
poses and functions designated under subpara-
graph (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 
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5168 
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 deter-
mine whether such purposes and functions di-
rectly support providing 9–1–1 services. 
‘‘(C) CONSULTATION REQUIRED.—The Com-
mission shall consult with public safety organi-
zations 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 specifi-
cally designated by a State or taxing juris-
diction 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 Tele-
communications and Information Adminis-
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5169 
tration 
Organization 
Act 
(47 
U.S.C. 
942(e)). 
‘‘(iii) STATE
OR
TAXING
JURISDIC-
TION.—The term ‘State or taxing jurisdic-
tion’ means a State, political subdivision 
thereof, Indian Tribe, or village or regional 
corporation serving a region established 
pursuant to the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1601 et seq.). 
‘‘(4) PARTICIPATION.—If a State or taxing juris-
diction (as defined in paragraph (3)(D)) receives a 
grant under section 158 of the National Tele-
communications and Information Administration Or-
ganization Act (47 U.S.C. 942) after the date of the 
enactment of this paragraph, such State or taxing ju-
risdiction shall, as a condition of receiving such 
grant, provide the information requested by the Com-
mission to prepare the report required by paragraph 
(2). 
‘‘(5) PETITION
REGARDING
ADDITIONAL
PUR-
POSES AND FUNCTIONS.— 
‘‘(A) IN GENERAL.—A State or taxing juris-
diction (as defined in paragraph (3)(D)) may 
submit to the Commission a petition for a deter-
mination that an obligation or expenditure of a 
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5170 
9–1–1 fee or charge (as defined in such para-
graph) 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 documenta-
tion to make the demonstration described in sub-
paragraph (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 respond-
ers.’’; 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 cir-
cumstance is held invalid, the remainder of this section and 
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5171 
the application of such provision to other persons or cir-
cumstances shall not be affected thereby.’’. 
(d) PROHIBITION ON 9–1–1 FEE OR CHARGE DIVER-
SION.— 
(1) IN
GENERAL.—If the Commission obtains 
evidence that suggests the diversion by a State or tax-
ing jurisdiction of 9–1–1 fees or charges, the Commis-
sion shall submit such information, including any in-
formation regarding the impact of any underfunding 
of 9–1–1 services in the State or taxing jurisdiction, 
to the interagency strike force established under para-
graph (3). 
(2) REPORT TO CONGRESS.—Beginning with the 
first report under section 6(f)(2) of the Wireless Com-
munications 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 en-
actment 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 juris-
diction of 9–1–1 fees or charges, including any infor-
mation regarding the impact of any underfunding of 
9–1–1 services in the State or taxing jurisdiction. 
(3) INTERAGENCY STRIKE FORCE TO END 9–1–1 
FEE OR CHARGE DIVERSION.— 
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5172 
(A) 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 subsection referred to as the 
‘‘Strike Force’’). 
(B) DUTIES.—In carrying out the study 
under subparagraph (A), the Strike Force 
shall— 
(i) determine the effectiveness of any 
Federal laws, including regulations, poli-
cies, and practices, or budgetary or jurisdic-
tional constraints regarding how the Fed-
eral Government can most expeditiously end 
diversion by a State or taxing jurisdiction 
of 9–1–1 fees or charges; 
(ii) consider whether criminal pen-
alties would further prevent diversion by a 
State or taxing jurisdiction of 9–1–1 fees or 
charges; and 
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5173 
(iii) determine the impacts of diversion 
by a State or taxing jurisdiction of 9–1–1 
fees or charges. 
(C) MEMBERS.—The Strike Force shall be 
composed of such representatives of Federal de-
partments and agencies as the Commission con-
siders appropriate, in addition to— 
(i) State attorneys general; 
(ii) States or taxing jurisdictions 
found not to be engaging in diversion of 9– 
1–1 fees or charges; 
(iii) States or taxing jurisdictions try-
ing to stop the diversion of 9–1–1 fees or 
charges; 
(iv) State 9–1–1 administrators; 
(v) public safety organizations; 
(vi) groups representing the public and 
consumers; and 
(vii) groups representing public safety 
answering point professionals. 
(D) 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 Rep-
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5174 
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a re-
port on the findings of the study under this 
paragraph, including— 
(i) 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 agen-
cies and appropriate changes to law or reg-
ulations; and 
(ii) a description of what progress, if 
any, relevant Federal departments and 
agencies have made in implementing the 
recommendations under clause (i). 
(4) FAILURE TO COMPLY.—Notwithstanding any 
other provision of law, any State or taxing jurisdic-
tion identified by the Commission in the report re-
quired under section 6(f)(2) of the Wireless Commu-
nications 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 Mid-
dle Class Tax Relief and Job Creation Act of 2012 
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5175 
(47 U.S.C. 1425(a)) or any advisory committee estab-
lished by the Commission. 
(e) 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 con-
cerning the collection and remittance of a 9–1–1 fee or 
charge. 
(f) 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 serv-
ices’’ has the meaning given such term in section 
158(e) of the National Telecommunications and Infor-
mation 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 
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