Justification for Non-Substantive

Preparation of Annual Reports to Congress for the Collection & 3060-1301

Use of Fees for 988 Services by States & Other Jurisdictions March 2024

Under the National Suicide Hotline Designation Act of 2020

SUPPORTING STATEMENT

This collection is being submitted to the Office of Management and Budget (OMB) to seek approval for non-substantive changes to a currently-approved collection. The changes proposed below would update the relevant year for which the Commission seeks the information to be collected, add the statutory authority paragraph to the instructions section, and conform the language of the questionnaire to be consistent throughout and to more closely track the statutory language, so as to elicit more accurate responses and meet the statutory requirements for the information to be collected.

A. Justification:

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

This information collection enables the Federal Communications Commission (Commission) to fulfill its continuing obligations under the National Suicide Hotline Designation Act of 2020, Pub. L. No. 116-172, 134 Stat. 832 (2020) (988 Act), to submit an annual “Fee Accountability Report” to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, and the Committees on Energy and Commerce and Appropriations of the House of Representatives, detailing “the status in each State, political subdivision of a State, Indian Tribe, or village or regional corporation serving” an Alaska Native Claims Settlement Act region, of the collection and distribution of fees or charges for “the support or implementation of 9-8-8 services,” including “findings on the amount of revenues obligated or expended by each [state, political entity, and subdivision] for any purpose other than the purpose for which any such fees or charges are specified.” (988 Act, 134 Stat. at 833-34.)

This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

Statutory authority for this information collection is contained in National Suicide Hotline Designation Act of 2020, Pub. L. No. 116-172, 134 Stat. 832 (2020) (988 Act).

2. Indicate how, by whom, and for what purpose the information is to be used.

The Commission will collect information for the preparation of the annual Fee Accountability Report through an emailed survey that appropriate officials of States and political subdivisions thereof, Indian Tribes, and village or regional corporations serving a region established pursuant to the Alaska Native Claims Settlement Act, as amended (43 U.S.C. §§ 1601 et seq.) can use to submit data pertaining to the collection and distribution of revenues from fees and charges for the support or implementation of 988 services, including the use of such collected fees and charges for any purpose other than for the support or implementation of 988 services. In addition, consistent with the definition of “State” set forth in 47 U.S.C. § 153(40) of the Communications Act, the Commission will collect this information from states as well as the District of Columbia and the inhabited U.S. Territories and possessions.

Clarification for which we are seeking OMB approval:

Instructions for Filling Out the Questionnaire

Please read and follow these general instructions:

• Please complete all applicable sections of this form.

  • Blank responses, “None,” “Unknown,” or “N/A” are acceptable.

  • If no statute or fee-based funding mechanism has been established for the purposes of 988 support or implementation, please respond to Sections A, B1, and E3, and then end the survey.

• Please enter only numerical responses where requested.

  • Dollar or percentage signs, decimal points, and thousands comma separators are acceptable.

  • To facilitate the Bureau’s calculations for the Annual 988 Fee Report, please avoid stray characters such as: *, ~, (), or [] in numeric responses.

• Unless otherwise directed, please provide the requested information directly on this form, rather than submitting, referring to, and/or relying on supplemental materials. Please consolidate separate response forms (and/or responses to individual questions) completed by counties, municipalities, or other local jurisdictions into one response form for the entire reporting entity.

• All responses to questions requesting information for the annual period ending December 31, 2023, should cover the period of January 1, 2023 to December 31, 2023.

• Sections B and C request general information about the reporting entities’ authority to establish a 988 fee-based funding mechanism and authority to determine how 988 fees are collected, regardless of whether any 988 fees were actually collected and distributed during the period of January 1, 2023 to December 31, 2023.

• For Sections D, E, and F, the annual period ending December 31, 2023 refers to the period of January 1, 2023 to December 31, 2023.

  • Section D requests a detailed description of the uses of 988 fees during the annual period ending December 31, 2023, regardless of when the 988 fees were collected.

  • Section E requests a detailed description of 988 fees collected and other sources of 988 funding during the annual period ending December 31, 2023, regardless of whether those fees or resources were expended.

  • Section F requests a detailed description of fees collected for 988 purposes and made available or used for 988 purposes during the annual period ending December 31, 2023.

Section 4 of the National Suicide Hotline Designation Act of 2020 (988 Act) states:

(a) AUTHORITY.—

(1) IN GENERAL.—Nothing in this Act, any amendment made by this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), or any Commission regulation or order may prevent the imposition and collection of a fee or charge applicable to a commercial mobile service or an IP-enabled voice service specifically designated by a State, a political subdivision of a State, an 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.) for 9–8–8 related services, if the fee or charge is held in a sequestered account to be obligated or expended only in support of 9–8–8 services, or enhancements of such services, as specified in the provision of State or local law adopting the fee or charge.

(2) USE OF 9–8–8 FUNDS.—A fee or charge collected under this subsection shall only be imposed, collected, and used to pay expenses that a State, a political subdivision of a State, an 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.) is expected to incur that are reasonably attributed to—

(A) ensuring the efficient and effective routing of calls made to the 9–8–8 national suicide prevention and mental health crisis hotline to an appropriate crisis center; and

(B) personnel and the provision of acute mental health, crisis outreach and stabilization services by directly responding to the 9–8–8 national suicide prevention and

mental health crisis hotline.

(b) FEE ACCOUNTABILITY REPORT.—To ensure efficiency, transparency, and accountability in the collection and expenditure of a fee or charge for the support or implementation of 9–8–8 services, not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commission shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that—

(1) details the status in each State, political subdivision of a State, 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.) of the collection and distribution of such fees or charges; and

(2) includes findings on the amount of revenues obligated or expended by each State, political subdivision of a State, 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.) for any purpose other than the purpose for which any such fees or charges are specified.” Specifically, the Commission proposes to ask the following questions:

1. Filing Information

1. Name of Filing Entity

State (Or Political Subdivision Thereof), Indian Tribe, Village, Regional Corporation or Other Jurisdiction

2. Name, Title and Organization of Individual Filing Report

Name	Title	Organization

2. Description of Authority Enabling Establishment of 988 Funding Mechanisms

1. Has your state, or any political subdivision, Indian Tribe, village or regional corporation therein as defined by Section 4(a)(1) of the National Suicide Hotline Designation Act of 2020, established a funding mechanism designated for or imposed for the purposes of 988 support or implementation? Check one.

• Yes …………………..

• No ………………..…..

If NO, end survey.

1a. If YES, provide a citation to the legal authority for the funding mechanism.

2. Which of the following best describes the type of authority arrangement for the collection of 988 fees? Check one.

• The state (or political subdivision), Indian Tribe, village, or regional corporation collects the fees …………………………………………………

• A local authority collects the fees ………………………..

• A hybrid approach where two or more governing bodies

(e.g., state/political subdivision/Indian Tribe/village/regional corporation and local authority) collect the fees ……………..………………………

3. Describe how the 988 fees collected are made available to any state (or political subdivision), Indian Tribe, village, or regional corporation.

3. Description of State (Or Political Subdivision), Indian Tribe, Village, Regional Corporation or Other Jurisdictional Authority That Determines How 988 Fees Are Spent

Indicate which entities in your state (or political subdivision), Indian Tribe, village, regional corporation or other jurisdictional authority have the authority to approve the expenditure of fees collected for 988 purposes.
Jurisdiction	Authority to Approve Expenditure of 988 Fees (Check one)
	Yes	No
State (or political subdivision), Indian Tribe, Village, or Regional Corporation
Local (e.g., county, city, municipality)
1b. Please briefly describe any limitations on the approval authority per jurisdiction (e.g., limited to fees collected by the entity, limited to wireline or wireless service, etc.).

2. Has your state (or political subdivision), Indian Tribe, village, regional corporation or other jurisdictional authority established a funding mechanism that mandates how collected 988 fees can be used? Check one.

• Yes …………………..

• No ………………..…..

2a. If you checked YES, provide a legal citation to the funding mechanism of any such criteria.

2b. If you checked NO, describe how your state (or political subdivision), Indian Tribe, village, regional corporation or other jurisdictional authority decides how collected 988 fees can be used.

4. Description of Uses of Collected 988 Fees

1. For the annual period ending December 31, 2023, provide a statement identifying with specificity all activities, programs, and organizations for whose benefit your state (or political subdivision), Indian Tribe, village, regional corporation, or other jurisdictional authority has obligated or expended fees collected for 988 purposes and how these activities, programs, and organizations support 988 services or enhancements of such services, consistent with the 988 Act.

Please identify the allowed uses of the collected 988 fees. Check all that apply.
Type of Cost		Yes	No
Operating Costs	Lease, purchase, maintenance of customer premises equipment (CPE) (hardware and software)
	Lease, purchase, maintenance of building/facility
Personnel Costs	Crisis counselors’ salaries
	Training of crisis counselors
Administrative Costs	Program administration
	Travel expenses
	Administrative personnel
Mobile Dispatch Costs	Costs related to dispatch (e.g., equipment) of mobile crisis teams
Grant Programs	Grants paid for through the use of collected 988 fees	If YES, see 2a.
Other	Other allowed uses for collected 988 fees	If YES, see 2b.
2a. During the annual period ending December 31, 2023, describe the grants that your state (or political subdivision), Indian Tribe, village, regional corporation, or other jurisdictional authority paid for through the use of collected 988 fees and the purpose of the grant.
2b. During the annual period ending December 31, 2023, describe any other costs that your state (or political subdivision), Indian Tribe, village, regional corporation, or other jurisdictional authority allows for use of collected 988 fees.

5. Description of 988 Fees Collected

For the annual period ending December 31, 2023, please describe the amount of the fees or charges imposed for the implementation and support of 988 services. Please distinguish among state (or political subdivision), Indian Tribe, village, regional corporation, or other jurisdictional authority for each service type.
Service Type	Fee/Charge Imposed	Jurisdiction Receiving Remittance (e.g., state, county, local authority, Indian Tribe, village, or regional corporation, or a combination)
Wireline
Wireless
Prepaid Wireless
Voice Over Internet Protocol (VoIP)
Other

2. For the annual period ending December 31, 2023, please report the total amount collected pursuant to the assessed fees or charges described in Question E 1.

Service Type	Total Amount Collected ($)
Wireline
Wireless
Prepaid Wireless
Voice Over Internet Protocol (VoIP)
Other - Interest
Total

2a. If an amount cannot be provided, please explain why.

3. Please identify any other sources of 988 funding.

Question	Yes	No
For the annual period ending December 31, 2023, were any 988 fees that were collected by your state (or political subdivision), Indian Tribe, village, regional corporation or other jurisdictional authority combined with any federal, state, local, Tribal, village or regional corporation funds, grants, special collections, or general budget appropriations that were designated to support 988 services? Check one.
4a. If YES, please describe the funds and amounts that were combined with 988 fees.

Please provide an estimate of the proportional contribution from each funding source towards the total cost to support 988 in your state (or political subdivision), Indian Tribe, village, regional corporation or other jurisdiction.	Percent
State/Indian Tribe/Village/Regional Corporation 988 Fees	%
Local/Political Subdivision 988 Fees	%
General Fund – State/Indian Tribe/Village/Regional Corporation	%
General Fund – County/Political Subdivision	%
Federal Grants	%
State/Indian Tribe/Village/Regional Corporation Grants	%

6. Description of Diversion or Transfer of 988 Fees for Other Uses

Question		Yes	No
In the annual period ending December 31, 2023, were fees collected for 988 purposes by your state (or political subdivision), Indian Tribe, village, regional corporation, or other jurisdictional authority made available or used solely for the purposes designated by the funding mechanism, consistent with the 988 Act? Check one.
1a. If NO, please identify what amount of fees collected for 988 purposes were made available or used for any purposes other than those designated by the funding mechanism, or were used for purposes otherwise unrelated to 988 implementation or support, including any fees transferred, loaned, or otherwise used for the state's general fund. Along with identifying the amount, please include a statement identifying the non-related purposes for which the collected 988 fees were made available or used.
Amount of Funds ($)	Identify the non-related purpose(s) for which the 988 fees were used. (Add lines as necessary)

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other form of information technology e.g., permitting electronic submission of responses, and the bases for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The Commission’s Wireline Competition Bureau (Bureau) will collect the information for these reports through a physical survey sent via email to political entities and subdivisions (e.g., States, Territories, and Indian Tribes). Respondents that are subject to state regulations requiring the reporting of similar information may meet the requirements of the 988 Act by submitting the state report, provided that the state report includes the information that will enable the Commission to fulfill its statutory obligation to annually prepare a Fee Accountability Report detailing “the status in each State, political subdivision . . ., Indian Tribe, or village or regional corporation serving” an Alaska Native Claims Settlement Act region, of the collection and distribution of fees or charges for “the support or implementation of 9-8-8 services,” including “findings on the amount of revenues obligated or expended by each [such state, subdivision, political/regional entity, or Tribe,] for any purpose other than the purpose for which any such fees or charges are specified.” (988 Act, 134 Stat. at 833-34.)

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in item 2 above.

As noted in the response to number three above, if there are respondents that are subject to state regulations requiring the reporting of similar information, the submission to the Commission of such a report may meet the Commission’s needs for fulfilling its 988 Act obligation to prepare an annual Fee Accountability Report for Congress. This is contingent on such a state report containing the relevant information necessary for the Commission to prepare a report detailing “the status in each State, political subdivision . . ., Indian Tribe, or village or regional corporation serving” an Alaska Native Claims Settlement Act region, of the collection and distribution of fees or charges for “the support or implementation of 9-8-8 services,” including “findings on the amount of revenues obligated or expended by each [such state, subdivision, political/regional entity, or Tribe,] for any purpose other than the purpose for which any such fees or charges are specified.” (988 Act, 134 Stat. at 833-34.)

This information collection is not otherwise available elsewhere. This is a unique information collection that does not duplicate existing data. This information collection was created specifically to meet the requirements of the Fee Accountability Report provision of the 988 Act, and must be submitted by the Commission to Congress annually.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

No small businesses or other small entities are burdened by the information collection sought by the Commission in order to fulfill its statutory obligation to produce for Congress an annual Fee Accountability Report. The proposed information collection does not seek information from small businesses. To the extent that there are government entities of small government jurisdictions that are the relevant source for the information the Commission seeks, it is likely that the information is already gathered by the entity as part of its normal course of conducting its administrative affairs. It is reasonable to expect that it is “usual and customary” that data regarding the collection and expenditure of revenues by government entities of any size is maintained by that government entity. In accordance with section 1320.3(b)(1)(ix)(2), the provision of the data sought by the Commission for this information collection does not constitute a “burden” on such entities (5 CFR § 1320.3(b)(1)(ix)(2)).

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Failure to collect the relevant information necessary for the Commission to prepare annually a report detailing “the status in each State, political subdivision . . ., Indian Tribe, or village or regional corporation serving” an Alaska Native Claims Settlement Act region, of the collection and distribution of fees or charges for “the support or implementation of 9-8-8 services,” and including “findings on the amount of revenues obligated or expended by each [such state, subdivision, political/regional entity, or Tribe,] for any purpose other than the purpose for which any such fees or charges are specified” will prevent the Commission from discharging its statutory obligation to submit an annual Fee Accountability Report to Congress that provides this information. (988 Act, 134 Stat. at 833-34.) The information sought by the Commission is essential to its compliance with the Fee Accountability Report obligation of the 988 Act.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with the guidelines in 5 CFR § 1320.5(d)(2).

Consistent with section 1320.5(d)(2) of OMB’s PRA regulations requiring that the “collection of information is necessary to satisfy statutory requirements” (5 CFR § 1320.5(d)(2)), this information collection is tailored strictly for the purpose of compliance with the Commission’s statutory obligation under the 988 Act that it produce an annual Fee Accountability Report to Congress. (988 Act, 134 Stat. at 833-34.) There are no special circumstances that would cause this information collection to be conducted in a manner inconsistent with the guidelines in 5 CFR § 1320.5(d)(2).

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR § 1320.8(d), soliciting comments on the information prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments.

Pursuant to the Paperwork Reduction Act of 1995 (PRA), the Commission issued a 60-day Federal Register notice on November 26, 2021 (86 FR 67466) seeking comments on the burden of complying with the information. No comments were received in response to the notice.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payment or gift to respondents has been or will be made.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

There were no assurances of confidentiality provided to respondents. The Commission’s rules address the issue of confidentiality at sections 0.457, 0.459, and 0.461 (47 CFR §§ 0.457, 0.459, and 0.461). These rules address access to records that are not routinely available to the public, requests and requirements that materials submitted to the Commission be withheld from public inspection, and requests for inspection of materials not routinely available for public inspection.

11. Provide additional justification for any questions of a sensitive nature.

The reporting requirement does not entail questions of a sensitive nature that are commonly considered private, beyond the national security and commercial basis for confidentiality that are covered by the response at 10, above.

12. Provide estimates of the hour burden of the collection of information. The statement should: indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance.

We estimate that 630 respondents will file reports.¹ The frequency of response will be annual. The average burden will be 55 hours per response. Thus, we estimate that the respondents will take a total of 34,650 burden hours to review and complete their reports in response to their obligations under the 988 Act. This estimate is based on Commission staff's knowledge and familiarity with the availability and accessibility of the data required to fulfill the information collection.

Total number of Respondents and Responses: 630

Total Annual Burden Hours: 630 responses x 55 hours = 34,650 hours

We assume that each respondent will have one accountant and one attorney participate in the information collection, and assume that the salaries are equivalent to GS-13, step 10 and GS-15, step 5, respectively. Thus, we estimate that the total “in-house” cost to all respondents will be:

Specialist at $73.48/hour $73.48 x 34,650 hours = $2,546,082

Attorney at $89.04/hour $89.04 x 34,650 hours = $3,085,236

Summary of Total In-House Costs: $2,546,082 + $3,085,236 = $5,631,318

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in items 12 and 14).

The Commission believes that this information collection will not impose any cost burden on respondents from either capital or start-up costs, or from operation and maintenance of equipment, or from purchase of outside services.

14. Provide estimates of annualized costs to the Federal government. Also provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expenses that would not have been incurred without this collection of information.

We estimate that the total annual cost to the Federal Government, based on the salaries of one attorney (GS-15, step 5) and one public utility specialist (GS-13, step 5), with each staff person spending approximately ¼ (520 hours) of their work time on the information collected:

Specialist GS-13, step 5, at $64.06/hr                $64.06 x 520 = $33,311.20

Attorney GS-15, step 5, at $89.04/hr                  $89.04 x 520 = $46,300.80

$33,311.20 + $46,300.80 + $23,883.60 (30% overhead) = $103,495.60

Total Cost to the Federal Government = $103,495.40

15. Explain the reasons for any program changes or adjustments reported.

There are no increases or decreases in the burden hours to this information collection as a result of this non-substantive change request.

16. For collections of information whose results will be published, outline plans for tabulation and publication.

Pursuant to the 988 Act, the Commission is required to report the results of the collection to Congress on October 17, 2022, and once annually thereafter.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The Commission does not intend to seek approval to not display the expiration date of the information collection from OMB.

18. Explain any exceptions to the statement certifying compliance with 5 CFR § 1320.9 and the related provisions of 5 CFR § 1320.8(b)(3).

There are no exceptions to the certification statement.

B. Collections of Information Employing Statistical Methods:

This information collection does not employ any statistical methods.

1 This figure includes the 50 states, 6 U.S. Territories, and 574 federally-recognized Native American Tribes.