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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fee Integrity and Re-
sponsibilities and To Regain Essential Spectrum for Pub-
lic-safety Operators Needed to Deploy Equipment Reliably 
Act of 2020’’ or the ‘‘FIRST RESPONDER Act of 
2020’’. 
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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is repealed.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 spec-
ified in the provision of State or local law 
adopting the fee or charge’’ and inserting ‘‘con-
sistent with the purposes and functions des-
ignated in the final rules issued under para-
graph (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 insert-
ing ‘‘any purpose or function other than the 
purposes and functions designated in the final 
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rules issued under paragraph (3) as purposes 
and functions for which the obligation or ex-
penditure of any such fees or charges is accept-
able’’; 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 
Commission shall, not later than 180 days after 
the date of the enactment of this paragraph, 
issue final rules designating purposes and func-
tions 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 sub-
paragraph (A) shall be limited to the support 
and implementation of 9–1–1 services provided 
by or in the State or taxing jurisdiction impos-
ing the fee or charge and operational expenses 
of public safety answering points within such 
State or taxing jurisdiction. 
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‘‘(C) 
CONSULTATION
REQUIRED.—The 
Commission shall consult with public safety or-
ganizations 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 spe-
cifically designated by a State or taxing ju-
risdiction for the support or implementa-
tion 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 Ad-
ministration 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.). 
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‘‘(4) PARTICIPATION.—A State or taxing juris-
diction (as defined in paragraph (3)(D)) shall pro-
vide the information requested by the Commission to 
prepare the report required by paragraph (2).’’; 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 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 evi-
dence that suggests the diversion by a State or taxing ju-
risdiction of 9–1–1 fees or charges, the Commission shall 
submit such information 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 Communica-
tions 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. 
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(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 inter-
agency 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 Fed-
eral laws, including regulations, policies, and 
practices, or budgetary or jurisdictional con-
straints regarding how the Federal Government 
can most expeditiously end diversion by a State 
or taxing jurisdiction of 9–1–1 fees or charges; 
and 
(B) consider whether criminal penalties 
would further prevent diversion by a State or 
taxing jurisdiction of 9–1–1 fees or charges. 
(3) MEMBERS.—The Strike Force shall be com-
posed of such representatives of Federal depart-
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ments and agencies as the Commission considers ap-
propriate, 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 an-
swering 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 En-
ergy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the find-
ings 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, 
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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 com-
mittee established by the Commission. 
(e) DEFINITIONS.—In this section: 
(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. 
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(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) 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. 
(4) 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. 
Æ 
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