,,ib ,union ,calendar ,no4 #dba #aafth ,,congress #b;d ,session ,h4 ,r4 #dea ,report ,no4 #aaf-eba ,,in ,,the ,,house ,,of ,,representatives ,january #aj1 #bjai,mr4 ,engel 7for himself1 ,mr4 ,zeldin1 ,mr4 ,green of ,texas1 and ,mr4 ,king of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,september #ah1 #bjbj;,additional sponsors3 ,mr4 ,rose of ,new ,york1 ,mrs4 ,lowey1 ,mr4 ,schiff1 ,mrs4 ,torres of ,california1 ,mr4 ,lynch1 ,mrs4 ,napolitano1 ,mr4 ,pascrell1 ,mr4 ,moulton1 ,ms4 ,velzquez1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,ms4 ,meng1 ,miss ,rice of ,new ,york1 ,ms4 ,norton1 ,ms4 ,jackson ,lee1 ,mr4 ,espaillat1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,mr4 ,suozzi1 ,mr4 ,lamb1 ,mr4 ,van ,drew1 ,mr4 ,gottheimer1 and ,mr4 ,neguse ,september #ah1 #bjbj,reported with amendments2 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 bill1 see copy of bill as introduced on ,january #aj1 #bjai ,a ,,bill ,to repeal the section of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab that requires the ,federal ,communications ,commission to reallocate and auction the ,t-,band spectrum4 #a4 ,short title ,this ,act may be cited as the ,don't ,break ,up the ,t-,band ,act of #bjbj4 #b4 ,repeal of requirement to reallocate and auction ,t-,band spectrum 7a7 ,repeal ,section #fajc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adac7 is repealed4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #fajc4 #c4 ,clarifying acceptable #i-a-a obligations or expenditures ,section #f of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7 is amended-- 7#a7 in subsection 7f7-- 7,a7 in paragraph 7#a71 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 7#c7 as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable2 7,b7 in paragraph 7#b71 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 7#c7 as purposes and functions for which the obligation or expenditure of any such fees or charges is acceptable2 and 7,c7 by adding at the end the following3 7#c7 ,acceptable obligations or expenditures 7,a7 ,rules required ,in order to prevent diversion of #i-a-a fees or charges1 the ,commission shall1 not later than #ahj days after the date of the enactment of this paragraph1 issue final rules designating purposes and functions for which the obligation or expenditure of #i-a-a fees or charges1 by any ,state or taxing jurisdiction authorized to impose such a fee or charge1 is acceptable4 7,b7 ,purposes and functions ,the purposes and functions designated under subparagraph 7,a7 shall be limited to the support and implementation of #i-a-a 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 jurisdiction4 ,in designating such purposes and functions1 the ,commission shall consider the purposes and functions that ,states and taxing jurisdictions specify as the intended purposes and functions for the #i-a-a fees or charges of such ,states and taxing jurisdictions1 and determine whether such purposes and functions directly support providing #i-a-a services4 7,c7 ,consultation required ,the ,commission shall consult with public safety organizations and ,states and taxing jurisdictions as part of any proceeding under this paragraph4 7,d7 ,definitions ,in this paragraph3 7i7 #i-a-a fee or charge ,the term #i-a-a 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 #i-a-a services4 7ii7 #i-a-a services ,the term #i-a-a services has the meaning given such term in section #aeh7;e7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7;e774 7iii7 ,state or taxing jurisdiction ,the term ,state or taxing jurisdiction means a ,state1 political subdivision thereof1 ,indian ,tribe1 or village or regional corporation serving a region established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq474 7#d7 ,participation ,if a ,state or taxing jurisdiction 7as defined in paragraph 7#c77;,d77 receives a grant under section #aeh of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7 after the date of the enactment of this paragraph1 such ,state or taxing jurisdiction shall1 as a condition of receiving such grant1 provide the information requested by the ,commission to prepare the report required by paragraph 7#b74 7#e7 ,petition regarding additional purposes and functions 7,a7 ,in general ,a ,state or taxing jurisdiction 7as defined in paragraph 7#c77;,d77 may submit to the ,commission a petition for a determination that an obligation or expenditure of a #i-a-a fee or charge 7as defined in such paragraph7 by such ,state or taxing jurisdiction for a purpose or function other than a purpose or function designated under paragraph 7#c77;,a7 should be treated as such a purpose or function4 ,if the ,commission finds that the ,state or taxing jurisdiction has provided sufficient documentation to make the demonstration described in subparagraph 7,b71 the ,commission shall grant such petition4 7,b7 ,demonstration described ,the demonstration described in this subparagraph is a demonstration that the purpose or function-- 7i7 supports public safety answering point functions or operations2 or 7ii7 has a direct impact on the ability of a public safety answering point to-- 7,i7 receive or respond to #i-a-a calls2 or 7,,ii7 dispatch emergency responders4 2 and 7#b7 by adding at the end the following3 7j7 ,severability clause ,if any provision of this section or the application thereof to any person or circumstance is held invalid1 the remainder of this section and the application of such provision to other persons or circumstances shall not be affected thereby4 4 #d4 ,prohibition on #i-a-a fee or charge diversion 7a7 ,in general ,if the ,commission obtains evidence that suggests the diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges1 the ,commission shall submit such information1 including any information regarding the impact of any underfunding of #i-a-a services in the ,state or taxing jurisdiction1 to the interagency strike force established under subsection 7c74 7b7 ,report to ,congress ,beginning with the first report under section #f7;f77#b7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#b77 that is required to be submitted after the date that is #a year after the date of the enactment of this ,act1 the ,commission shall include in each report required under such section all evidence that suggests the diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges1 including any information regarding the impact of any underfunding of #i-a-a services in the ,state or taxing jurisdiction4 7c7 ,interagency strike force to end #i-a-a fee or charge diversion 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 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 #i-a-a fees or charges4 ,such interagency strike force shall be known as the ,ending #i-a-a ,fee ,diversion ,now ,strike ,force 7in this section referred to as the ,strike ,force74 7#b7 ,duties ,in carrying out the study under paragraph 7#a71 the ,strike ,force shall-- 7,a7 determine the effectiveness of any ,federal laws1 including regulations1 policies1 and practices1 or budgetary or jurisdictional constraints regarding how the ,federal ,government can most expeditiously end diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges2 7,b7 consider whether criminal penalties would further prevent diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges2 and 7,c7 determine the impacts of diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges4 7#c7 ,members ,the ,strike ,force shall be composed of such representatives of ,federal departments and agencies as the ,commission considers appropriate1 in addition to-- 7,a7 ,state attorneys general2 7,b7 ,states or taxing jurisdictions found not to be engaging in diversion of #i-a-a fees or charges2 7,c7 ,states or taxing jurisdictions trying to stop the diversion of #i-a-a fees or charges2 7,d7 ,state #i-a-a administrators2 7,e7 public safety organizations2 7,f7 groups representing the public and consumers2 and 7,g7 groups representing public safety answering point professionals4 7#d7 ,report to ,congress ,not later than #bgj days after the date of the enactment of this ,act1 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 ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings of the study under this subsection1 including-- 7,a7 any recommendations regarding how to most expeditiously end the diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges1 including actions that can be taken by ,federal departments and agencies and appropriate changes to law or regulations2 and 7,b7 a description of what progress1 if any1 relevant ,federal departments and agencies have made in implementing the recommendations under subparagraph 7,a74 7d7 ,failure to comply ,notwithstanding any other provision of law1 any ,state or taxing jurisdiction identified by the ,commission in the report required under section #f7;f77#b7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#b77 as engaging in diversion of #i-a-a fees or charges shall be ineligible to participate or send a representative to serve on any committee1 panel1 or council established under section #fbje7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adbe7;a77 or any advisory committee established by the ,commission4 #e4 ,rule of construction ,nothing in this ,act1 the ,wireless ,communications and ,public ,safety ,act of #aiii 7,public ,law #ajf-ha71 or the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 shall be construed to prevent a ,state or taxing jurisdiction from requiring an annual audit of the books and records of a provider of #i-a-a services concerning the collection and remittance of a #i-a-a fee or charge4 #f4 ,definitions ,in this ,act3 7#a7 #i-a-a fee or charge ,the term #i-a-a fee or charge has the meaning given such term in subparagraph 7,d7 of paragraph 7#c7 of section #f7;f7 of the ,wireless ,communications and ,public ,safety ,act of #aiii1 as added by this ,act4 7#b7 #i-a-a services ,the term #i-a-a services has the meaning given such term in section #aeh7;e7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7;e774 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,diversion ,the term diversion means1 with respect to a #i-a-a fee or charge1 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 7#c7 of section #f7;f7 of the ,wireless ,communications and ,public ,safety ,act of #aiii1 as added by this ,act1 as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable4 7#e7 ,state or taxing jurisdiction ,the term ,state or taxing jurisdiction has the meaning given such term in subparagraph 7,d7 of paragraph 7#c7 of section #f7;f7 of the ,wireless ,communications and ,public ,safety ,act of #aiii1 as added by this ,act4 ,amend the title so as to read3 ,a bill to repeal the requirement to reallocate and auction the ,t-,band spectrum1 to amend the ,wireless ,communications and ,public ,safety ,act of #aiii to clarify acceptable #i-a-a obligations or expenditures1 and for other purposes44 ,september #ah1 #bjbj,reported with amendments2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed