988 Lifeline Support and Sustainability Establishment Amendment Act of 2025

COUNCIL OF THE DISTRICT OF COLUMBIA The John A. Wilson Building 1350 Pennsylvania Avenue, NW Washington, D.C. 20004

Statement of Introduction 988 Lifeline Support and Sustainability Establishment Amendment Act of 2025 November 3, 2025 Today, along with Councilmembers Matthew Frumin, Brianne Nadeau, Janeese Lewis George, Brooke Pinto, Zachary Parker, and Robert C. White, I am introducing the 988 Lifeline Support and Sustainability Establishment Act of 2025. This legislation creates a dedicated and sustainable funding source to support the District’s 988 Suicide & Crisis Lifeline and the broader behavioral health crisis response system. It builds on the authority granted by the federal National Suicide Hotline Designation Act of 20201, which allows jurisdictions to impose a modest telecommunications surcharge, like the 911 fee, to fund 988 services and related crisis infrastructure. Across the country, more than a dozen states including Virginia, Maryland, and Oregon—have enacted 988 telecommunications fees, generating reliable annual revenues ranging from $8 million to $44 million. These funds support critical components of the behavioral health crisis system, including call centers, mobile crisis teams, and stabilization programs. The District must follow suit to ensure that the 988 Lifeline and related services remain stable, adequately staffed, and aligned with national best-practice standards. Based on an estimated 16.3 million telecommunications lines in the District, the proposed 988 fee could generate approximately $12.5 million annually to support and sustain these essential services. The District’s behavioral health crisis response system relies on three interconnected components2: • Someone to talk to: The 988 Suicide & Crisis Lifeline and the Access Helpline connect residents to trained behavioral health professionals 24 hours a day, seven days a week. • Someone to respond: The Community Response Team (CRT) and the Child and Adolescent Mobile Psychiatric Service (ChAMPS) provide mobile crisis intervention across the District. • Somewhere to go: The District has significant gaps in crisis stabilization and acute care facilities. Too often, individuals in crisis have limited options for immediate, short-term support, highlighting the urgent need to invest in and expand the availability of appropriate crisis receiving and stabilization services. Currently, these programs are funded primarily through temporary federal grants and general fund allocations, which leaves them vulnerable to future budget cuts. This legislation establishes a 988 Lifeline and Crisis Services Fund within the Department of Behavioral Health (DBH), creating a permanent revenue stream to support the personnel and operational costs of the 988 system and the broader crisis continuum. 1 National Suicide Hotline Designation Act of 2020, Pub. L. No. 116–172, 134 Stat. 832 (codified in part at 47 U.S.C. § 251(e)(4)). 2 https://www.samhsa.gov/mental-health/national-behavioral-health-crisis-care
Christina Henderson Committee Member Councilmember, At-Large Facilities Chairperson, Committee on Health Human Services Transportation and the Environment
COUNCIL OF THE DISTRICT OF COLUMBIA The John A. Wilson Building 1350 Pennsylvania Avenue, NW Washington, D.C. 20004

The bill imposes a modest monthly telecommunications fee on landline, wireless, prepaid, and VoIP services. The structure is similar to the District’s E911 fee with varying fees based on line type, including a 2% point of sale fee for prepaid wireless lines. All revenues will be deposited into the 988 Fund and may only be used for purposes directly related to crisis response operations and infrastructure. The Mayor will be required to submit an annual report to the Council detailing expenditures and recommending any necessary adjustments to the fee to ensure long-term sustainability. This legislation builds on the Council’s prior action. On February 28, 2025, I introduced PR26-0108, the Sense of the Council on Supporting Humane and Trauma-Informed Responses to Behavioral Health Crises Resolution of 20253. That resolution urged the Mayor to prioritize trauma-informed approaches to behavioral health crises, including dispatching behavioral health professionals as the default first responders. With this bill, the District takes a critical step toward realizing that vision. It ensures that individuals in crisis receive timely, trauma-informed care with the same urgency, coordination, and investment as those experiencing physical health emergencies. A sustainable 988 system will save lives, reduce unnecessary law enforcement involvement, and help the District build a humane, effective, and lasting continuum of crisis care. I look forward to working with my colleagues and DBH to bring these essential improvements to the District’s crisis response system.
3 https://lims.dccouncil.gov/Legislation/PR26-0108

______________________________ ______________________________ 1 Councilmember Brooke Pinto Councilmember Christina Henderson 2 3 4 ______________________________ ______________________________ 5 Councilmember Zachary Parker Councilmember Matthew Frumin 6 7 8 ______________________________ ______________________________ 9 Councilmember Robert C. White, Jr. Councilmember Brianne Nadeau 10 11 ______________________________ 12 Councilmember Janeese Lewis George 13 14 15 16 A BILL 17 18 ________________ 19 20 21 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 22 23 _______________ 24 25 26 To amend the Department of Behavioral Health Establishment Act of 2013 to establish a 988 27 Lifeline and Crisis Services Fund, to designate the fund’s authorized uses, and to impose 28 a service fee on telecommunication services to be deposited into the fund. 29 30 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 31 act may be cited as the “988 Lifeline Support and Sustainability Establishment Amendment Act 32 of 2025”. 33 Sec 2. The Department of Behavioral Health Establishment Act of 2013, effective 34 December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 7-1141.01 et seq.), is amended by 35 adding a new part C to read as follows: 36 “PART C. 37 “Sec. 5120d. Definitions. 38

“For the purposes of this part, the term: 39 “(1) “988 Lifeline” means the 3-digit number designated as the universal 40 telephone number within the United States for the purpose of the national suicide prevention 41 and mental health crisis hotline system established by section 251(e)(4) of the Communications 42 Act of 1934, approved February 8, 1996 (110 Stat. 61; 47 U.S.C. § 251(e)(4)). 43 44 “(2) “988 Fee” means the surcharge assessed authorized under section 5120f on 45 commercial landline, mobile service and interconnected voice over internet protocol service 46 lines. 47 “(3) “Consumer” means an individual who purchases prepaid wireless 48 telecommunications service in a retail transaction for any purpose other than resale. 49 “(4) “Local exchange carrier” means a person that is engaged in the provision of 50 local exchange service or exchange access. 51 “(5) “Local exchange service” means a telecommunications service provided 52 within an exchange area. 53 “(6) “Prepaid wireless 988 charge” means the charge that is required to the 54 collected by the seller from a consumer in an amount established by section 5120g. 55 “(7) “Prepaid wireless communications service” shall have the same meaning as 56 in section 602(6B) of the Emergency and Non-Emergency Telephone Calling Systems Fund Act 57 of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 34-1801(6B)). 58 “(8) “Seller” means a person who sells prepaid wireless telecommunications 59 service to another person. 60 “(9) “Subscriber” means a person subscribed to local exchange services in the 61 District. 62

“(10) “Fund” means the 988 Lifeline and Crisis Services Fund established under 63 section 5120e. 64 Sec. 5120e. 988 Lifeline and Crisis Services Fund. 65 “(a) There is established as a special fund the 988 Lifeline and Crisis Services Fund, 66 which shall be administered by the Department in accordance with subsection (c) of this section. 67 “(b) Revenue from the following sources shall be deposited into the Fund: 68 “(1) Fees authorized under section 5120f, including any interest earned; 69 “(2) Fees authorized under section 5120g, including any interest earned; 70 “(3) Such amount as may be appropriated into the Fund; and 71 “(4) Grants, gifts, or subsidies from public and private sources. 72 “(c) The Fund shall be used solely to defray personnel and non-personnel costs incurred 73 by the District to implement, maintain, and improve behavioral health services in response to 74 calls to the 988 Lifeline; provided, that costs are not reimbursable through Medicaid, Medicare, 75 federal or state-regulated health insurance plans, or disability insurers, including: 76 “(1) Staffing and technological infrastructure enhancements necessary to achieve 77 operational and clinical standards and best practices established by the Department; and 78 “(2) The provision of a continuum of behavioral health crisis response services in 79 the District, including mobile crisis team services, crisis stabilization centers, other acute 80 behavioral health care services, outreach, and receiving and stabilization services. 81 “(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund 82 balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other 83 time. 84

“(2) Subject to authorization in an approved budget and financial plan, any funds 85 appropriated in the Fund shall be continually available without regard to fiscal year limitation. 86 “(e)(1) The Mayor shall submit to the Council, as part of the annual budget and financial 87 plan, a requested appropriations for expenditures from the Fund. 88 “(2) As part of the annual appropriation request, the Mayor shall provide a report 89 to the Council addressing whether the 988 fee imposed under section 5120f should be adjusted. 90 “(f) All revenue and expenditures of the Fund shall be audited annually by the Chief 91 Financial Officer, who shall transmit the results of the annual audit to the Mayor and the Council. 92 The audit shall include an itemized list of how funds were spent, and assessment of whether 93 expenditures comply with the National Suicide Hotline Designation Act and FCC guidance, 94 internal controls in place to prevent misuse, and a list of providers required to collect and remit 95 the fees.”. 96 “Sec. 5120f. 988 fee assessments. 97 “(a) There is imposed upon all subscribers to local exchange carriers, including wireline 98 and wireless carriers and interconnected V oice Over Internet Protocol (“V oIP”) service providers 99 that connect users who dial or enter the digits 9-8-8 to the 988 Lifeline, a monthly 988 fee as 100 follows: 101 “(1) For wireline local exchange service: 102 “(A) A fee of $0.76 per exchange access line in the District; 103 “(B) A fee of $0.62 per Centrex line in the District; and 104 “(C) A fee of $0.62 per private branch exchange station in the District. 105 “(2) For wireless exchange service, $0.76 for each telephone number that has a 106 District billing address. 107

“(3) For interconnected V oIP service, as defined by 47 C.F.R. § 9.3, $0.76 for 108 each line, trunk, or path that can access to, connect with, or interface with 988 service based on 109 primary place of use. 110 “(b) For purposes of the 988 fee imposed under this section, each individual line 111 associated with a family or shared wireless service plan shall be subject to the 988 fee; provided, 112 that no more than 5 lines per family or shared plan shall be assessed the fee. 113 “(c) The PBX tax per station shall be converted into a per-trunk tax based on a ratio of 15 114 PBX stations to one PBX trunk. 115 “(d)(1) Each local exchange carrier shall collect the 988 fee imposed under 116 subsection (a) of this section on behalf of the subscriber and shall remit the proceeds to the 117 Mayor on a quarterly basis; except, that a local exchange carrier may deduct and retain an 118 amount not to exceed 2% of the user fees collected to cover administrative costs. 119 “(2) Each local exchange carrier shall state on the invoice to customers a 120 separate line item stating the amount of 988 fee levied pursuant to this section.“(3) 988 fees 121 collected under this section shall not be considered revenue of a local exchange carrier for any 122 purpose. 123 “(e) Payment of the user fees imposed under subsection (a) of this section shall not be 124 subject to taxes or charges levied by the District of Columbia. 125 “(f) The provisions of this section shall not apply to prepaid wireless 126 telecommunications service, which shall be subject to the provisions of section 5120g. 127 “Sec. 5120g. Collection and remittance of prepaid wireless 988 charge. 128

“(a)(1) A prepaid wireless 988 charge of 2% of the sales price per retail transaction 129 occurring in the District shall be collected by the seller from the consumer and remitted to the 130 District. 131 “(2) The amount of the prepaid wireless 988 charge shall be separately stated on 132 an invoice, receipt, or other similar document that is provided to the consumer by the seller. 133 “(3) For purposes of this subsection, a retail transaction that is effected in person 134 by a consumer at a business location of the seller shall be treated as in as occurring in the District 135 if that business location is in the District and any other retail transaction shall be treated as 136 occurring in the District if the retail transaction is a sale at retail described in D.C. Official Code 137 § 47-2001(n)(1)(T) that is subject to tax pursuant to D.C. Official Code § 47-2002. 138 “(b)(1) The prepaid wireless 988 charge shall be the liability of the consumer and not of 139 the seller or of any provider; except, that the seller shall be liable to remit all prepaid wireless 140 988 charges that the seller collects from consumers, including all such charges that the seller is 141 deemed to collect where the amount of the charge has not been separately stated on an invoice, 142 receipt, or other similar document provided to the consumer by the seller. 143 “(2) Notwithstanding paragraph (1) of this subsection, a seller shall be permitted 144 to deduct and retain 3% of prepaid wireless 988 charges that are collected by the seller from 145 consumers. 146 “(c) If the amount of the prepaid wireless 988 charge that is collected by a seller from a 147 consumer is separately states on an invoice, receipt, or other similar document provided to the 148 consumer by the seller, the amount shall not be included in the base for measuring any tax, fee, 149 surcharge, or other charge that is imposed by the District. 150

“(d) When prepaid wireless telecommunications service is sold with one or more other 151 products or services for a single, non-itemized price, the percentage of the prepaid wireless 988 152 charge specified in this section shall apply to the entire non-itemized price, unless the seller 153 elects to apply the percentage to: 154 “(1) The amount of the prepaid wireless telecommunications service disclosed to 155 the consumer as a dollar amount; or 156 “(2) The portion of the price identified by the seller that is attributable to the 157 prepaid wireless telecommunications service by reasonable and verifiable standards from the 158 seller’s books and records that are kept in the regular course of business for other purposes, 159 including non-tax purposes. 160 “(e)(1) Notwithstanding subsection (a) of this section, if a minimal amount of prepaid 161 wireless telecommunications service is sold with a prepaid wireless device for a single, non-162 itemized price, the seller may elect not to apply the percentage in this section to the transaction. 163 “(2) For purposes of this subsection, the term “minimal amount” means an 164 amount of service denominated as 10 minutes or less, or $5 or less. 165 “(f) The Office of Tax and Revenue, pursuant to Title I of the District of Columbia 166 Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 167 2-501 et seq.), shall issue rules governing the collection of, remittance of, and other 168 administrative provisions related to the prepaid wireless 988 charge established by this section. 169 The rules shall be consistent with existing provisions governing the collection, remittance, and 170 administration of the tax imposed by D.C. Official Code § 47-2002. 171 “Sec. 5120i. Rules. 172

“The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 173 approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules 174 to implement the provisions of this part.”. 175 Sec. 3. Fiscal impact statement. 176 The Council adopts the fiscal impact statement in the committee report as the fiscal 177 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 178 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 179 Sec. 4. Effective date. 180 This act shall take effect following approval by the Mayor (or in the event of veto by the 181 Mayor, action by the Council to override the veto) and a 30-day period of congressional 182 review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 183 December 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 184