Title: FIRST RESPONDER Act of 2020
Policy area: Science, Technology, Communications

Summary:
Fee Integrity and Responsibilities and To Regain Essential Spectrum for Public-safety Operators Needed to Deploy Equipment Reliably Act of 2020 or the FIRST RESPONDER Act of 2020
This bill repeals a provision requiring the reallocation of spectrum currently used by public safety entities and otherwise addresses 9–1–1 fees and charges collected for the purpose of supporting 9–1–1 services.
Specifically, the bill repeals the requirement for the Federal Communications Commission (FCC) to reallocate and auction the 470-512 MHz band (referred to as the T-Band spectrum). The T-Band spectrum is a frequency range currently utilized by public safety entities in certain urban areas.
The bill also requires the FCC to issue rules designating acceptable purposes and functions for the obligation or expenditure of 9–1–1 fees or charges. Such purposes and functions shall be limited to the support and implementation of 9–1–1 services and the operational expenses of public safety answering points (i.e., the points where emergency calls are routed).
In addition, the bill establishes the Ending 9–1–1 Fee Diversion Now Strike Force, to which the FCC must submit any evidence it obtains that a state or taxing jurisdiction is diverting 9–1–1 fees or charges. The strike force must (1) study how the federal government can end such diversion through a determination of the effectiveness of laws and other constraints, and (2) consider whether criminal penalties should be implemented to prevent further diversion.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5928 Introduced in House (IH)]

<DOC>






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fee Integrity and Responsibilities 
and To Regain Essential Spectrum for Public-safety Operators Needed to 
Deploy Equipment Reliably Act of 2020'' or the ``FIRST RESPONDER 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.
                    ``(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.--A State or taxing jurisdiction (as 
        defined in paragraph (3)(D)) shall provide 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 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 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.
    (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; 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 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.
    (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.
            (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.
                                 <all>