Sec. 4. Prohibition on 9–1–1 fee or charge diversion
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/bill/116/hr/5928/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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). 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.
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 ). In carrying out the study under paragraph (1), the Strike Force shall— 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 consider whether criminal penalties would further prevent diversion by a State or taxing jurisdiction of 9–1–1 fees or charges.
The Strike Force shall be composed of such representatives of Federal departments and agencies as the Commission considers appropriate, in addition to— State attorneys general; States or taxing jurisdictions found not to be engaging in diversion of 9–1–1 fees or charges; States or taxing jurisdictions trying to stop the diversion of 9–1–1 fees or charges; State 9–1–1 administrators; public safety organizations; groups representing the public and consumers; and groups representing public safety answering point professionals.
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— 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 a description of what progress, if any, relevant Federal departments and agencies have made in implementing the recommendations under subparagraph (A).
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.
In this section: 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. The term Commission means the Federal Communications Commission. 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. 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.
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- 47 USC 615a–1(f)(2)
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