[House Report 119-615]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-615
=======================================================================
FIRST RESPONDER NETWORK AUTHORITY REAUTHORIZATION ACT OF 2026
----------------
April 15, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
----------------
Mr. Guthrie, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 7386]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 7386) to amend the Middle Class Tax Relief and
Job Creation Act of 2012 to reauthorize the First Responder
Network Authority, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 6
Committee Action................................................. 8
Committee Votes.................................................. 8
Oversight Findings and Recommendations........................... 10
New Budget Authority, Entitlement Authority, and Tax Expenditures 10
Congressional Budget Office Estimate............................. 10
Federal Mandates Statement....................................... 10
Statement of General Performance Goals and Objectives............ 10
Duplication of Federal Programs.................................. 10
Related Committee and Subcommittee Hearings...................... 10
Committee Cost Estimate.......................................... 11
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 11
Advisory Committee Statement..................................... 11
Applicability to Legislative Branch.............................. 11
Section-by-Section Analysis of the Legislation................... 11
Changes in Existing Law Made by the Bill, as Reported............ 13
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``First Responder
Network Authority Reauthorization Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reauthorization of First Responder Network Authority.
Sec. 3. Authority of NTIA over First Responder Network Authority.
Sec. 4. Board of First Responder Network Authority.
Sec. 5. Associate Administrator.
Sec. 6. Components of nationwide public safety broadband network.
Sec. 7. Flexibility in establishing fee amounts.
Sec. 8. Reports to Congress on First Responder Network Authority.
Sec. 9. Business continuity and disaster recovery plan.
Sec. 10. Outage notifications.
Sec. 11. Submission to Congress of FirstNet contract.
Sec. 12. Definitions.
SEC. 2. REAUTHORIZATION OF FIRST RESPONDER NETWORK AUTHORITY.
Section 6206 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1426) is amended--
(1) in subsection (f), by striking ``the date that is 15
years after the date of enactment of this title'' and inserting
``September 30, 2037''; and
(2) in subsection (g)--
(A) by striking ``Not later than 10 years after the
date of the enactment of this Act'' and inserting ``Not
later than 7 years after the date of the enactment of
the First Responder Network Authority Reauthorization
Act of 2026'';
(B) by striking ``15-year sunset'' and inserting
``termination''; and
(C) by adding at the end the following: ``Such report
shall also contain recommendations for Congress and the
NTIA regarding preparations for the expiration of any
contract between the First Responder Network Authority
and the FirstNet contractor with respect to building,
operating, or maintaining the nationwide public safety
broadband network.''.
SEC. 3. AUTHORITY OF NTIA OVER FIRST RESPONDER NETWORK AUTHORITY.
(a) In General.--Subtitle B of title VI of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1421 et seq.) is
amended--
(1) in section 6204(a), by striking ``as an independent
authority'';
(2) in section 6206--
(A) by redesignating subsections (d), (e), (f), and
(g) as subsections (e), (f), (g), and (h),
respectively;
(B) by inserting after subsection (c) the following:
``(d) Actions Subject to Approval of NTIA.--
``(1) In general.--Any action taken by the First Responder
Network Authority shall be subject to the approval of the NTIA.
``(2) Manner of approval.--
``(A) Prior approval.--Except as provided in
subparagraph (B), the First Responder Network Authority
may not take an action unless the NTIA has provided
prior approval for such action.
``(B) Actions for which prior approval not
required.--The First Responder Network Authority may
take any of the following actions without prior
approval by the NTIA:
``(i) Deploying emergency response
capabilities and resources to emergencies and
disasters.
``(ii) Setting strategic priorities and
conducting planning activities with respect to
the nationwide public safety broadband network.
``(iii) Maintaining and updating the First
Responder Network Authority Strategic Plan and
Roadmap or a similar document with respect to
the growth, evolution, and advancement of the
nationwide public safety broadband network.
``(iv) Establishing performance expectations
and investment priorities with respect to the
nationwide public safety broadband network.
``(v) Developing and adopting the annual
budget of the First Responder Network Authority
and outlining all network reinvestment
decisions and task orders with respect to the
nationwide public safety broadband network.
``(vi) Making written recommendations to the
NTIA for action upon network reinvestment
decisions and task orders with respect to the
nationwide public safety broadband network.
``(vii) Managing the device and application
ecosystem with respect to the nationwide public
safety broadband network.
``(viii) Receiving reports from the Public
Safety Advisory Committee or other advisory
committees established by the First Responder
Network Authority.
``(ix) Communicating with and conducting
outreach to public safety entities and public
safety professionals.
``(x) Reporting to and briefing Congress, in
accordance with this subtitle.
``(xi) Such other actions as the NTIA may
specify.
``(C) Rule of construction.--Nothing in this
paragraph may be construed to alter the requirement of
subsection (c) of section 6208 that fees may only be
assessed under such section if approved by the NTIA.'';
and
(C) in subsection (h) (as so redesignated), by
striking ``subsection (f)'' and inserting ``subsection
(g)''; and
(3) in section 6208(d)--
(A) by striking ``The First Responder Network
Authority'' and inserting the following:
``(1) In general.--The First Responder Network Authority'';
and
(B) by adding at the end the following:
``(2) NTIA action on network reinvestment decisions and task
orders.--Not later than 60 days after the date on which the
NTIA receives a written recommendation from the First Responder
Network Authority for action upon a network reinvestment
decision or task order with respect to the nationwide public
safety broadband network, the NTIA shall take action upon such
network reinvestment decision or task order.''.
(b) Conforming Amendment.--Section 6205(b)(2) of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1425(b)(2)) is amended
by striking ``If'' and inserting ``Subject to section 6206(d), if''.
(c) Applicability.--The amendments made by this section shall apply
with respect to--
(1) except as provided in paragraph (2) of this subsection,
actions taken by the First Responder Network Authority on or
after the date of the enactment of this Act; and
(2) in the case of paragraph (2) of section 6208(d) of the
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1428(d)), as added by this section, written recommendations
received by the National Telecommunications and Information
Administration on or after the date of the enactment of this
Act.
SEC. 4. BOARD OF FIRST RESPONDER NETWORK AUTHORITY.
(a) Public Safety Professionals.--Section 6204(b)(2)(A) of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1424(b)(2)(A))
is amended by amending clause (iv) to read as follows:
``(iv) ensure that, on and after the date
that is 3 years after the date of the enactment
of the First Responder Network Authority
Reauthorization Act of 2026, the Board includes
not fewer than 5 individuals serving as State,
local, or Tribal public safety professionals in
the fields of fire response services, emergency
medical services, emergency management
services, law enforcement, or 9-1-1
services.''.
(b) Staggered Terms.--
(1) In general.--Section 6204(c)(2) of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1424(c)(2)) is
amended--
(A) in subparagraph (A)(ii), by striking ``3 years''
and inserting ``not more than 3 years''; and
(B) by amending subparagraph (D) to read as follows:
``(D) Staggered terms.--In making appointments under
subsection (b)(1)(D), the Secretary of Commerce shall
ensure that the terms of office of individuals so
appointed are staggered, as the Secretary considers
appropriate to reduce the likelihood that the terms of
office of more than 4 such individuals will expire at
the same time.''.
(2) Applicability.--The amendments made by this subsection
shall apply with respect to appointments made on or after the
date of the enactment of this Act.
SEC. 5. ASSOCIATE ADMINISTRATOR.
(a) In General.--Section 6204 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1424) is amended by adding at the end
the following:
``(h) Associate Administrator.--
``(1) In general.--The First Responder Network Authority
shall have an Associate Administrator, who shall be a career
appointee (as defined in section 3132(a) of title 5, United
States Code) in the Senior Executive Service and who shall be
appointed by the Assistant Secretary from among 3 individuals
nominated by the Board. The Assistant Secretary shall make such
appointment under the merit procedures applicable to appointing
such career appointees under subchapter II of chapter 31 of
such title 5.
``(2) Duties.--The Associate Administrator shall do the
following:
``(A) Subject to the direction of the Board and
approval by the Assistant Secretary under section
6206(d), manage the staff and operations of the First
Responder Network Authority in order to ensure that the
duties and responsibilities of the First Responder
Network Authority are carried out.
``(B) Serve as a liaison between the Board and the
Assistant Secretary, including with respect to ensuring
compliance by the First Responder Network Authority
with section 6206(d).
``(3) Annual performance reviews.--The NTIA, in consultation
with the Chair of the Board and any committee of the Board
relating to governance and risk, shall conduct an annual
performance review of the Associate Administrator.''.
(b) Continuation in Office.--The individual serving as the Executive
Director and Chief Executive Officer of the First Responder Network
Authority on the day before the date of the enactment of this Act may
serve as the Associate Administrator under subsection (h) of section
6204 of the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1424), as added by subsection (a), on and after such date of
enactment without the need for appointment under such subsection (h).
SEC. 6. COMPONENTS OF NATIONWIDE PUBLIC SAFETY BROADBAND NETWORK.
Section 6202(b) of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1422(b)) is amended, in the matter preceding
paragraph (1), by striking ``and initially consists of'' and inserting
``and consists of such technologies and services as necessary to enable
secure, interoperable, resilient, and prioritized broadband
communications for public safety entities, including''.
SEC. 7. FLEXIBILITY IN ESTABLISHING FEE AMOUNTS.
Section 6208(b) of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1428(b)) is amended--
(1) by inserting ``(or other period specified by the First
Responder Network Authority)'' after ``for each fiscal year'';
and
(2) by striking ``the fiscal year involved'' and inserting
``such fiscal year (or other period)''.
SEC. 8. REPORTS TO CONGRESS ON FIRST RESPONDER NETWORK AUTHORITY.
(a) Additional Matters to Be Included in First Responder Network
Authority Audit Report.--Section 6209(b)(2) of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1429(b)(2)) is amended--
(1) in subparagraph (B), by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) an evaluation of the performance of the
FirstNet contractor under the contract in building,
operating, and maintaining the nationwide public safety
broadband network.''.
(b) Annual Reports to Congress.--Subtitle B of title VI of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1421 et seq.),
as amended by the preceding provisions of this Act, is further amended
by adding at the end the following:
``SEC. 6214. ANNUAL REPORTS ON FIRST RESPONDER NETWORK AUTHORITY.
``(a) Report on Network Matters.--The NTIA shall submit to Congress
an annual report that includes information on cyberattacks, cyber
defense efforts, and unscheduled service outages of all causes with
respect to the nationwide public safety broadband network. Each such
annual report--
``(1) shall be submitted in unclassified form, but may
contain a classified annex; and
``(2) at the request of the Board, shall include a statement
from the Board with respect to such information.
``(b) Report on Adoption Rates.--The NTIA shall submit to Congress an
annual report on adoption rates, by profession and geographic area,
with respect to the nationwide public safety broadband network that, at
the request of the Board, shall include a statement from the Board with
respect to such adoption rates.''.
(c) Annual Briefing.--Subtitle B of title VI of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1421 et seq.), as
amended by the preceding provisions of this Act, is further amended by
adding at the end the following:
``SEC. 6215. ANNUAL BRIEFINGS ON FIRST RESPONDER NETWORK AUTHORITY.
``Not later than 1 year after the date of the enactment of this
section, and annually thereafter, the NTIA shall provide to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
briefing on activities with respect to the First Responder Network
Authority that, at the request of the Board, shall include the
participation of the Chair of the Board (or a designee thereof).''.
SEC. 9. BUSINESS CONTINUITY AND DISASTER RECOVERY PLAN.
Subtitle B of title VI of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1421 et seq.), as amended by the
preceding provisions of this Act, is further amended by adding at the
end the following:
``SEC. 6216. BUSINESS CONTINUITY AND DISASTER RECOVERY PLAN.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, and every 5 years thereafter, the FirstNet
contractor shall submit to the NTIA for approval, and to the Board for
review, a business continuity and disaster recovery plan to ensure
rapid restoration of the nationwide public safety broadband network
following an outage resulting from a natural disaster or other
emergency.
``(b) Timing of Approval or Request for Resubmission.--Not later than
180 days after the date on which the NTIA receives a plan submitted
under this section, the NTIA, in consultation with the Board, shall--
``(1) approve such plan; or
``(2) provide to the FirstNet contractor a written notice
of--
``(A) the reasoning for not approving such plan; and
``(B) the timeframe and process, as determined by the
NTIA, for resubmitting such plan for approval.''.
SEC. 10. OUTAGE NOTIFICATIONS.
Subtitle B of title VI of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1421 et seq.), as amended by the
preceding provisions of this Act, is further amended by adding at the
end the following:
``SEC. 6217. OUTAGE NOTIFICATIONS.
``In the case of any unscheduled service outage with respect to the
nationwide public safety broadband network--
``(1) as soon as practicable, but not later than 30 minutes,
after the FirstNet contractor has confirmed such outage, the
FirstNet contractor shall notify the First Responder Network
Authority of such outage; and
``(2) the FirstNet contractor shall provide to the
departments and agencies that use such network a network status
tool that provides timely information on such outage.''.
SEC. 11. SUBMISSION TO CONGRESS OF FIRSTNET CONTRACT.
Subtitle B of title VI of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1421 et seq.), as amended by the
preceding provisions of this Act, is further amended by adding at the
end the following:
``SEC. 6218. SUBMISSION TO CONGRESS OF FIRSTNET CONTRACT.
``Not later than 7 days after receiving a request, in writing, from
the Chair and Ranking Member of the Committee on Energy and Commerce of
the House of Representatives, or from the Chair and Ranking Member of
the Committee on Commerce, Science, and Transportation of the Senate,
the Assistant Secretary shall submit to such Committee any contract
between the First Responder Network Authority and the FirstNet
contractor with respect to building, operating, or maintaining the
nationwide public safety broadband network.''.
SEC. 12. DEFINITIONS.
Section 6001 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1401) is amended--
(1) by redesignating paragraphs (15) through (33) as
paragraphs (16) through (34), respectively; and
(2) by inserting after paragraph (14) the following:
``(15) Firstnet contractor.--The term `FirstNet contractor'
means the entity that, under contract with the First Responder
Network Authority, builds, operates, and maintains the
nationwide public safety broadband network.''.
Purpose and Summary
H.R. 7386, the First Responder Network Authority
Reauthorization Act, was introduced on February 5, 2026, by
Representatives Neal Dunn (R-FL) and Jennifer McClellan (D-VA).
It would reauthorize the First Responder Network Authority
(FirstNet) for 10 years and would place it directly under
control of the National Telecommunications and Information
Administration. It would also make changes to leadership
positions and components of the National Public Safety
Broadband Network, and includes provisions to increase
transparency, ensure accountability, and strengthen FirstNet.
Background and Need for Legislation
In 2002, Congress established the National Commission on
Terrorist Attacks Upon the United States (9/11 Commission) to
evaluate the circumstances surrounding the terrorist attacks in
New York City, New York, on September 11, 2001, and provide
recommendations to guard against future attacks.\1\ The report
found that on September 11, 2001, firefighters, police, and
other first responders suffered severe communications failures
that undermined their ability to coordinate and respond to the
attacks. The 9/11 Commission recommended increased coordination
among public safety communications networks and that Congress
dedicate additional radio spectrum for public safety
purposes.\2\
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\1\Intelligence Authorization Act for Fiscal Year 2003, Pub. L. No.
107-306, Sec. Sec. 601-611, 116 Stat 2383.
\2\The 9/11 Comm'n, 108th Cong., The 9/11 Commission Report, at 397
(Jul. 22, 2004), https://govinfo.library.unt.edu/911/report/
911Report.pdf.
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The First Responder Network Authority (FirstNet) was
created in 2012 as an independent authority within the National
Telecommunications and Information Administration (NTIA).\3\
FirstNet was charged with developing a dedicated, reliable,
secure, and interoperable nationwide public safety broadband
network (NPSBN) to support the communications needs of first
responders and other public safety officials.\4\ FirstNet's
statutory authority expires on February 22, 2027.
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\3\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No
112-96, Sec. 6204.
\4\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L.
No. 112-96, Sec. 6206.
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FirstNet is led by a 15-person board (Board). It has three
permanent members consisting of the Secretary of Homeland
Security, the Attorney General of the United States, and the
Director of the Office of Management and Budget. The remaining
twelve individuals are appointed by the Secretary of Commerce,
with varying professional qualifications related to commercial
networks, emergency response, or public safety.\5\ An Executive
Director and Chief Executive Officer, selected by NTIA through
a competitive interview process, acts as a liaison between the
Board and NTIA to ensure the duties and responsibilities of
FirstNet are carried out.
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\5\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L.
No. 112-96, Sec. 6204.
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Congress initially allocated $7 billion from spectrum
auction revenue as seed funding for the program; however,
pursuant to the statute, the network is required to be
completely self-funded through user fees. All fees must be
approved by NTIA on an annual basis.\6\
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\6\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L.
No. 112-96, Sec. 6208.
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In March 2017, FirstNet awarded AT&T a 25-year, $6.5
billion contract and 20 megahertz (20 MHz) of spectrum to
build, operate, and maintain the nationwide network for public
safety.\7\ AT&T must meet buildout obligations as part of the
contract, and shortly after being awarded the contract, AT&T
offered priority and preemption service on its network
nationwide for public safety users.\8\
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\7\Jill C. Gallagher, The First Responder Network (FirstNet) and
Next-Generation Communications for Public Safety: Issues for Congress,
Congressional Research Service (Apr. 27, 2018), https://
www.congress.gov/crs-product/R45179.
\8\Id.
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In September 2017, FirstNet presented states with plans
detailing how the network would be deployed in each state.
Governors could opt to have AT&T deploy the network (i.e., opt
in), or have the state assume responsibility for the deployment
(i.e., opt out). By January 2018, all 50 states and 6
territories opted in.\9\ These plans detailed the six-phase
approach that FirstNet took to deploy the network's
capabilities and coverage, with each phase having rural and
non-rural coverage, service, and adoption milestones that must
be met. On December 20, 2023, the FirstNet Authority verified
the initial nationwide buildout of the NPSBN.\10\
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\9\Id.
\10\FirstNet: Initial Buildout of Public Safety's Network Verified,
Delivering for America's First Responders, First Responder Network
Authority (Dec. 20, 2023), https://firstnet.gov/newsroom/blog/firstnet-
initial-buildout-public-safetys-network-verified-delivering-americas-
first.
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AT&T will pay FirstNet $18 billion over the 25-year
contract as sustainability payments for use of the exclusive
spectrum. These funds will be reinvested into the NPSBN.\11\
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\11\United States Gov't Accountability Office, Public-Safety
Broadband Network: Congressional Action Required to Ensure Network
Continuity (Feb. 22, 2022), https://www.gao.gov/products/gao-22-104915.
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Since 2014, the Department of Commerce Office of Inspector
General has issued 21 reports regarding significant concerns
about FirstNet and the deployment of the NPSBN, its operational
responses, and other administrative matters. These reports
demonstrate significant concerns about contractor behavior as
well as the oversight capabilities at the First Responder
Network Authority.
In particular, a report found that contract performance
metrics were altered by FirstNet, without adherence to federal
and Department of Commerce regulations, in order make it easier
for AT&T to achieve milestone compliance and payments.\12\
Several reports found that FirstNet failed to provide adequate
oversight on reinvestment task orders, device connection
targets, and coverage requirements, which risked first
responders' ability to use the network and effectively serve
the public.\13\ Additional reports found that FirstNet could
not demonstrate that reinvestment decisions maximized the
benefits to public safety\14\ and FirstNet's services were not
effective in responding to the 2023 Maui wildfires, including a
finding that FirstNet did not ensure that a sufficient plan for
disaster response was developed before the wildfires.\15\
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\12\Dep't. of Com. Office of Inspector Gen. (OIG), FirstNet
Authority Did Not Ensure the Nation's First Responders' Needs Were
Continuing to Be Met Timely When Modifying Key Objectives of the NPSBN
Contract, OIG-24-024-A (May 30, 2024).
\13\OIG, FirstNet Authority Failed to Provide Adequate Contract
Oversight for Its Initial Two Reinvestment Task Orders, OIG-23-012-09A
(Mar. 1, 2023), Dep't of Com. Office of Inspector Gen., FirstNet
Authority's Lack of NPSBN Contract Oversight for Coverage Puts at Risk
First Responders' Ability to Serve the Public Effectively, OIG-24-026-
09A (Jun. 5, 2024), and OIG, FirstNet Authority's Lack of Contract
Oversight for Device Connection Targets Puts the NPSBN at Risk of
Impacting First Responders' Use of the Network, OIG-24-027-A (Jun. 12,
2024).
\14\OIG, FirstNet Authority Could Not Demonstrate Investment
Decisions Were the Best Use of Reinvestment Funds or Maximized the
Benefits to Public Safety, OIG-23-005-A (Nov. 28, 2022).
\15\OIG, Nationwide Public Safety Broadband Network Was Not Always
Available to First Responders During the Catastrophic 2023 Maui
Wildfires, OIG-25-004-A (Dec. 5, 2024).
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Recent network outages have also negatively affected
subscribers nationwide and hindered the ability of individuals
to contact 911 services as well as use the NPSBN itself. On
February 22, 2024, an improperly configured software update to
AT&T's network triggered a nationwide outage, which affected
FirstNet and AT&T customers' ability to contact 911 services.
FirstNet services were out for almost 2 hours. FirstNet
customers were not notified of the outage until 53 minutes
after FirstNet services were restored.\16\
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\16\Fed. Commc'n. Comm'n., AT&T Mobility Network Outage Report and
Findings (Jul. 22, 2024), https://docs.fcc.gov/public/attachments/DOC-
404150A1.pdf.
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Committee Action
On September 9, 2025, the Subcommittee on Communications
and Technology held a hearing entitled, ``Public Safety
Communications in the United States.'' The Subcommittee
received testimony from:
Steve Newton, Emergency Management Director,
Chatham County Emergency Management
Sheriff Shannon Dicus, San Bernadino County
Dr. Brian Fontes, Former Chief Executive
Officer, National Emergency Number Association
Randall C. Wright, Executive Director, WUFT/
WRUF, Florida Public Radio Emergency Network, and
Project Beacon
On February 4, 2026, the Subcommittee on Communications and
Technology held a legislative hearing entitled, ``Evaluating
FirstNet: Performance, Accountability, and Reauthorization.''
The Subcommittee received testimony from:
Sheriff Michael Adkinson, Acting Board
Chair, First Responder Network Authority, and Sheriff,
Walton County Florida
Scott Agnew, President of FirstNet and
Public Safety Mobility, AT&T
Michael Dame, Associate Administrator,
Office of Public Safety Communications, National
Telecommunications and Information Administration
On February 10, 2026, the Subcommittee on Communications
and Technology met in open markup session and forwarded H.R.
7386, without amendment, to the full Committee by voice vote.
On March 25, 2026, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 7386, with an
amendment, favorably reported to the House by a record vote of
51 yeas and 0 nays.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
the Committee consideration:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Oversight Findings and Recommendations
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held a hearing and made findings that
are reflected in this report.
New Budget Authority, Entitlement Authority,
and Tax Expenditures
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 7386 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to
reauthorize the First Responder Network Authority and to make
improvements to the program.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 7386 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
Related Committee and Subcommittee Hearings
Pursuant to clause 3(c)(6) of rule XIII, the following
related hearing was used to develop or consider H.R. 7386:
On September 9, 2025, the Subcommittee on
Communications and Technology held a hearing entitled,
``Public Safety Communications in the United States.''
The Subcommittee received testimony from:
Steve Newton, Emergency
Management Director, Chatham County Emergency
Management;
Sheriff Shannon Dicus, San
Bernadino County;
Dr. Brian Fontes, Former Chief
Executive Officer, National Emergency Number
Association; and
Randall C. Wright, Executive
Director, WUFT/WRUF, Florida Public Radio
Emergency Network, and Project Beacon
On February 4, 2026, the Subcommittee on
Communications and Technology held a legislative
hearing entitled, ``Evaluating FirstNet: Performance,
Accountability, and Reauthorization.'' The Subcommittee
received testimony from:
Sheriff Michael Adkinson, Acting
Board Chair, First Responder Network Authority,
and Sheriff, Walton County, Florida;
Scott Agnew, President of
FirstNet and Public Safety Mobility, AT&T; and
Michael Dame, Associate
Administrator, Office of Public Safety
Communications, National Telecommunications and
Information Administration.
Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 7386 contains no earmarks, limited
tax benefits, or limited tariff benefits.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title; table of contents
This section provides that the Act may be cited as the
``First Responder Network Authority Reauthorization Act of
2026'' and provides a table of contents.
Section 2. Reauthorization of First Responder Network Authority
This section extends the authorization of the First
Responder Network Authority (FirstNet) until September 30,
2037. It also requires a new Government Accountability Report
on what action Congress should take regarding the termination
of FirstNet's authority in 2037. Additionally, the report must
include recommendations for Congress and the National
Telecommunications and Information Administration (NTIA)
regarding preparations for the expiration of the contract
between FirstNet and AT&T in 2042.
Section 3. Authority of NTIA over First Responder Network Authority
Subsection (a) places FirstNet under direct authority of
NTIA at the Department of Commerce. This section clarifies that
all actions taken by FirstNet are subject to NTIA approval and
provides a specific list of actions that the Board may take
without prior approval by NTIA. A 60-day shot clock is
established for NTIA to take action on network reinvestment
decisions and task orders.
Subsection (b) includes a conforming amendment within the
original statute.
Subsection (c) clarifies applicability with respect to the
enactment of this Act.
Section 4. Board of First Responder Network Authority
Subsection (a) increases the minimum number of public
safety professionals required for representation on the Board
of FirstNet from 3 to 5, while keeping the total number of the
Board at 15 members.
Subsection (b) provides a technical change to give the
Assistant Secretary flexibility to stagger board terms upon
appointment to ensure staggering consistency where 4 seats
expire each year.
Section 5. Associate Administrator
Subsection (a) establishes an Associate Administrator
position, folding in the current responsibilities of the
existing FirstNet Executive Director and Chief Executive
Officer, as a Career Senior Executive Service level official
appointed by the Assistant Secretary. The Assistant Secretary
is required to make an appointment from a selection of 3
individuals nominated by the FirstNet Board and is subject to
annual performance reviews by NTIA in consultation with the
FirstNet Board.
Subsection (b) clarifies that the current Executive
Director and Chief Executive Officer may serve as the Associate
Administrator without appointment after the enactment of this
Act.
Section 6. Components of nationwide public safety broadband network
This section amends the definition of the nationwide public
safety broadband network to include an expanded scope of
technology.
Section 7. Flexibility in establishing fee amounts
This section provides a technical change that allows fee
structures to cross over multiple fiscal years.
Section 8. Reports to Congress on First Responder Network Authority
Subsection (a) includes in the required annual audit report
an evaluation of the performance of the FirstNet contractor.
Subsection (b) establishes two additional annual reports on
network matters, including cybersecurity related matters and
other unscheduled service affecting outages, and adoption rate
statistics related to the nationwide public safety broadband
network.
Subsection (c) requires an annual briefing from NTIA, with
participation by the Board, to Congress on activities related
to FirstNet.
Section 9. Business continuity and disaster recovery plan
This section requires the FirstNet contractor to submit to
NTIA for approval and to the Board for review, a plan to ensure
rapid restoration of the nationwide public safety broadband
network following an outage resulting from a natural disaster
or other emergency.
Section 10. Outage notifications
This section requires all unscheduled service affecting
outages related to the network to be reported to FirstNet and
directly to departments and agencies that utilize the network
as soon as practicable, but not later than 30 minutes after
confirming the outage.
Section 11. Submission to Congress of FirstNet contract
This section requires the Assistant Secretary of NTIA to
submit to the Committee on Energy and Commerce of the House of
Representatives, or to the Committee on Commerce, Science, and
Transportation of the Senate, the contract between the First
Responder Network Authority and the FirstNet Contractor within
7 days of receiving a request in writing from the Chairman and
Ranking Member of such committees, respectively.
Section 12. Definitions
This section provides the definition for `FirstNet
contractor'.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2012
* * * * * * *
TITLE VI--PUBLIC SAFETY COMMUNICATIONS AND
ELECTROMAGNETIC SPECTRUM AUCTIONS
SEC. 6001. DEFINITIONS.
In this title:
(1) 700 mhz band.--The term ``700 MHz band'' means
the portion of the electromagnetic spectrum between the
frequencies from 698 megahertz to 806 megahertz.
(2) 700 mhz d block spectrum.--The term ``700 MHz D
block spectrum'' means the portion of the
electromagnetic spectrum between the frequencies from
758 megahertz to 763 megahertz and between the
frequencies from 788 megahertz to 793 megahertz.
(3) Appropriate committees of congress.--Except as
otherwise specifically provided, the term ``appropriate
committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of
the House of Representatives.
(4) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Commerce
for Communications and Information.
(5) Board.--The term ``Board'' means the Board of the
First Responder Network Authority established under
section 6204(b).
(6) Broadcast television licensee.--The term
``broadcast television licensee'' means the licensee
of--
(A) a full-power television station; or
(B) a low-power television station that has
been accorded primary status as a Class A
television licensee under section 73.6001(a) of
title 47, Code of Federal Regulations.
(7) Broadcast television spectrum.--The term
``broadcast television spectrum'' means the portions of
the electromagnetic spectrum between the frequencies
from 54 megahertz to 72 megahertz, from 76 megahertz to
88 megahertz, from 174 megahertz to 216 megahertz, and
from 470 megahertz to 698 megahertz.
(8) Commercial mobile data service.--The term
``commercial mobile data service'' means any mobile
service (as defined in section 3 of the Communications
Act of 1934 (47 U.S.C. 153)) that is--
(A) a data service;
(B) provided for profit; and
(C) available to the public or such classes
of eligible users as to be effectively
available to a substantial portion of the
public, as specified by regulation by the
Commission.
(9) Commercial mobile service.--The term ``commercial
mobile service'' has the meaning given such term in
section 332 of the Communications Act of 1934 (47
U.S.C. 332).
(10) Commercial standards.--The term ``commercial
standards'' means the technical standards followed by
the commercial mobile service and commercial mobile
data service industries for network, device, and
Internet Protocol connectivity. Such term includes
standards developed by the Third Generation Partnership
Project (3GPP), the Institute of Electrical and
Electronics Engineers (IEEE), the Alliance for
Telecommunications Industry Solutions (ATIS), the
Internet Engineering Task Force (IETF), and the
International Telecommunication Union (ITU).
(11) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(12) Core network.--The term ``core network'' means
the core network described in section 6202(b)(1).
(13) Emergency call.--The term ``emergency call''
means any real-time communication with a public safety
answering point or other emergency management or
response agency, including--
(A) through voice, text, or video and related
data; and
(B) nonhuman-initiated automatic event
alerts, such as alarms, telematics, or sensor
data, which may also include real-time voice,
text, or video communications.
(14) Existing public safety broadband spectrum.--The
term ``existing public safety broadband spectrum''
means the portion of the electromagnetic spectrum
between the frequencies--
(A) from 763 megahertz to 768 megahertz;
(B) from 793 megahertz to 798 megahertz;
(C) from 768 megahertz to 769 megahertz; and
(D) from 798 megahertz to 799 megahertz.
(15) Firstnet contractor.--The term ``FirstNet
contractor'' means the entity that, under contract with
the First Responder Network Authority, builds,
operates, and maintains the nationwide public safety
broadband network.
[(15)] (16) First responder network authority.--The
term ``First Responder Network Authority'' means the
First Responder Network Authority established under
section 6204.
[(16)] (17) Forward auction.--The term ``forward
auction'' means the portion of an incentive auction of
broadcast television spectrum under section 6403(c).
[(17)] (18) Incentive auction.--The term ``incentive
auction'' means a system of competitive bidding under
subparagraph (G) of section 309(j)(8) of the
Communications Act of 1934, as added by section 6402.
[(18)] (19) Interoperability board.--The term
``Interoperability Board'' means the Technical Advisory
Board for First Responder Interoperability established
under section 6203.
[(19)] (20) Multichannel video programming
distributor.--The term ``multichannel video programming
distributor'' has the meaning given such term in
section 602 of the Communications Act of 1934 (47
U.S.C. 522).
[(20)] (21) Narrowband spectrum.--The term
``narrowband spectrum'' means the portion of the
electromagnetic spectrum between the frequencies from
769 megahertz to 775 megahertz and between the
frequencies from 799 megahertz to 805 megahertz.
[(21)] (22) Nationwide public safety broadband
network.--The term ``nationwide public safety broadband
network'' means the nationwide, interoperable public
safety broadband network described in section 6202.
[(22)] (23) Next generation 9-1-1 services.--The term
``Next Generation 9-1-1 services'' means an IP-based
system comprised of hardware, software, data, and
operational policies and procedures that--
(A) provides standardized interfaces from
emergency call and message services to support
emergency communications;
(B) processes all types of emergency calls,
including voice, text, data, and multimedia
information;
(C) acquires and integrates additional
emergency call data useful to call routing and
handling;
(D) delivers the emergency calls, messages,
and data to the appropriate public safety
answering point and other appropriate emergency
entities;
(E) supports data or video communications
needs for coordinated incident response and
management; and
(F) provides broadband service to public
safety answering points or other first
responder entities.
[(23)] (24) NIST.--The term ``NIST'' means the
National Institute of Standards and Technology.
[(24)] (25) NTIA.--The term ``NTIA'' means the
National Telecommunications and Information
Administration.
[(25)] (26) Public safety answering point.--The term
``public safety answering point'' has the meaning given
such term in section 222 of the Communications Act of
1934 (47 U.S.C. 222).
[(26)] (27) Public safety entity.--The term ``public
safety entity'' means an entity that provides public
safety services.
[(27)] (28) Public safety services.--The term
``public safety services''--
(A) has the meaning given the term in section
337(f) of the Communications Act of 1934 (47
U.S.C. 337(f)); and
(B) includes services provided by emergency
response providers, as that term is defined in
section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101).
[(28)] (29) Public safety trust fund.--The term
``Public Safety Trust Fund'' means the trust fund
established under section 6413(a)(1).
[(29)] (30) Radio access network.--The term ``radio
access network'' means the radio access network
described in section 6202(b)(2).
[(30)] (31) Reverse auction.--The term ``reverse
auction'' means the portion of an incentive auction of
broadcast television spectrum under section 6403(a), in
which a broadcast television licensee may submit bids
stating the amount it would accept for voluntarily
relinquishing some or all of its broadcast television
spectrum usage rights.
[(31)] (32) State.--The term ``State'' has the
meaning given such term in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
[(32)] (33) Ultra high frequency.--The term ``ultra
high frequency'' means, with respect to a television
channel, that the channel is located in the portion of
the electromagnetic spectrum between the frequencies
from 470 megahertz to 698 megahertz.
[(33)] (34) Very high frequency.--The term ``very
high frequency'' means, with respect to a television
channel, that the channel is located in the portion of
the electromagnetic spectrum between the frequencies
from 54 megahertz to 72 megahertz, from 76 megahertz to
88 megahertz, or from 174 megahertz to 216 megahertz.
* * * * * * *
Subtitle B--Governance of Public Safety Spectrum
* * * * * * *
SEC. 6202. PUBLIC SAFETY BROADBAND NETWORK.
(a) Establishment.--The First Responder Network Authority
shall ensure the establishment of a nationwide, interoperable
public safety broadband network.
(b) Network Components.--The nationwide public safety
broadband network shall be based on a single, national network
architecture that evolves with technological advancements [and
initially consists of] and consists of such technologies and
services as necessary to enable secure, interoperable,
resilient, and prioritized broadband communications for public
safety entities, including--
(1) a core network that--
(A) consists of national and regional data
centers, and other elements and functions that
may be distributed geographically, all of which
shall be based on commercial standards; and
(B) provides the connectivity between--
(i) the radio access network; and
(ii) the public Internet or the
public switched network, or both; and
(2) a radio access network that--
(A) consists of all cell site equipment,
antennas, and backhaul equipment, based on
commercial standards, that are required to
enable wireless communications with devices
using the public safety broadband spectrum; and
(B) shall be developed, constructed, managed,
maintained, and operated taking into account
the plans developed in the State, local, and
tribal planning and implementation grant
program under section 6302(a).
* * * * * * *
SEC. 6204. ESTABLISHMENT OF THE FIRST RESPONDER NETWORK AUTHORITY.
(a) Establishment.--There is established [as an independent
authority] within the NTIA the ``First Responder Network
Authority'' or ``FirstNet''.
(b) Board.--
(1) In general.--The First Responder Network
Authority shall be headed by a Board, which shall
consist of--
(A) the Secretary of Homeland Security;
(B) the Attorney General of the United
States;
(C) the Director of the Office of Management
and Budget; and
(D) 12 individuals appointed by the Secretary
of Commerce in accordance with paragraph (2).
(2) Appointments.--
(A) In general.--In making appointments under
paragraph (1)(D), the Secretary of Commerce
shall--
(i) appoint not fewer than 3
individuals to represent the collective
interests of the States, localities,
tribes, and territories;
(ii) seek to ensure geographic and
regional representation of the United
States in such appointments;
(iii) seek to ensure rural and urban
representation in such appointments;
and
[(iv) appoint not fewer than 3
individuals who have served as public
safety professionals.]
(iv) ensure that, on and after the
date that is 3 years after the date of
the enactment of the First Responder
Network Authority Reauthorization Act
of 2026, the Board includes not fewer
than 5 individuals serving as State,
local, or Tribal public safety
professionals in the fields of fire
response services, emergency medical
services, emergency management
services, law enforcement, or 9-1-1
services.
(B) Required qualifications.--
(i) In general.--Each member
appointed under paragraph (1)(D) should
meet not less than 1 of the following
criteria:
(I) Public safety
experience.--Knowledge and
experience in the use of
Federal, State, local, or
tribal public safety or
emergency response.
(II) Technical expertise.--
Technical expertise and fluency
regarding broadband
communications, including
public safety communications.
(III) Network expertise.--
Expertise in building,
deploying, and operating
commercial telecommunications
networks.
(IV) Financial expertise.--
Expertise in financing and
funding telecommunications
networks.
(ii) Expertise to be represented.--In
making appointments under paragraph
(1)(D), the Secretary of Commerce shall
appoint--
(I) not fewer than 1
individual who satisfies the
requirement under subclause
(II) of clause (i);
(II) not fewer than 1
individual who satisfies the
requirement under subclause
(III) of clause (i); and
(III) not fewer than 1
individual who satisfies the
requirement under subclause
(IV) of clause (i).
(C) Citizenship.--No individual other than a
citizen of the United States may serve as a
member of the Board.
(c) Terms of Appointment.--
(1) Initial appointment deadline.--Members of the
Board shall be appointed not later than 180 days after
the date of the enactment of this title.
(2) Terms.--
(A) Length.--
(i) In general.--Each member of the
Board described in subparagraphs (A)
through (C) of subsection (b)(1) shall
serve as a member of the Board for the
life of the First Responder Network
Authority.
(ii) Appointed individuals.--The term
of office of each individual appointed
to be a member of the Board under
subsection (b)(1)(D) shall be [3 years]
not more than 3 years. No member
described in this clause may serve more
than 2 consecutive full 3-year terms.
(B) Expiration of term.--Any member whose
term has expired may serve until such member's
successor has taken office, or until the end of
the calendar year in which such member's term
has expired, whichever is earlier.
(C) Appointment to fill vacancy.--Any member
appointed to fill a vacancy occurring prior to
the expiration of the term for which that
member's predecessor was appointed shall be
appointed for the remainder of the
predecessor's term.
[(D) Staggered terms.--With respect to the
initial members of the Board appointed under
subsection (b)(1)(D)--
[(i) 4 members shall serve for a term
of 3 years;
[(ii) 4 members shall serve for a
term of 2 years; and
[(iii) 4 members shall serve for a
term of 1 year.]
(D) Staggered terms.--In making appointments
under subsection (b)(1)(D), the Secretary of
Commerce shall ensure that the terms of office
of individuals so appointed are staggered, as
the Secretary considers appropriate to reduce
the likelihood that the terms of office of more
than 4 such individuals will expire at the same
time.
(3) Vacancies.--A vacancy in the membership of the
Board shall not affect the Board's powers, and shall be
filled in the same manner as the original member was
appointed.
(d) Chair.--
(1) Selection.--The Secretary of Commerce shall
select, from among the members of the Board appointed
under subsection (b)(1)(D), an individual to serve for
a 2-year term as Chair of the Board.
(2) Consecutive terms.--An individual may not serve
for more than 2 consecutive terms as Chair of the
Board.
(e) Meetings.--
(1) Frequency.--The Board shall meet--
(A) at the call of the Chair; and
(B) not less frequently than once each
quarter.
(2) Transparency.--Meetings of the Board, including
any committee of the Board, shall be open to the
public. The Board may, by majority vote, close any such
meeting only for the time necessary to preserve the
confidentiality of commercial or financial information
that is privileged or confidential, to discuss
personnel matters, or to discuss legal matters
affecting the First Responder Network Authority,
including pending or potential litigation.
(f) Quorum.--Eight members of the Board shall constitute a
quorum, including at least 6 of the members appointed under
subsection (b)(1)(D).
(g) Compensation.--
(1) In general.--The members of the Board appointed
under subsection (b)(1)(D) shall be compensated at the
daily rate of basic pay for level IV of the Executive
Schedule for each day during which such members are
engaged in performing a function of the Board.
(2) Prohibition on compensation.--A member of the
Board appointed under subparagraphs (A) through (C) of
subsection (b)(1) shall serve without additional pay,
and shall not otherwise benefit, directly or
indirectly, as a result of their service to the First
Responder Network Authority, but shall be allowed a per
diem allowance for travel expenses, at rates authorized
for an employee of an agency under subchapter I of
chapter 57 of title 5, United States Code, while away
from the home or regular place of business of the
member in the performance of the duties of the First
Responder Network Authority.
(h) Associate Administrator.--
(1) In general.--The First Responder Network
Authority shall have an Associate Administrator, who
shall be a career appointee (as defined in section
3132(a) of title 5, United States Code) in the Senior
Executive Service and who shall be appointed by the
Assistant Secretary from among 3 individuals nominated
by the Board. The Assistant Secretary shall make such
appointment under the merit procedures applicable to
appointing such career appointees under subchapter II
of chapter 31 of such title 5.
(2) Duties.--The Associate Administrator shall do the
following:
(A) Subject to the direction of the Board and
approval by the Assistant Secretary under
section 6206(d), manage the staff and
operations of the First Responder Network
Authority in order to ensure that the duties
and responsibilities of the First Responder
Network Authority are carried out.
(B) Serve as a liaison between the Board and
the Assistant Secretary, including with respect
to ensuring compliance by the First Responder
Network Authority with section 6206(d).
(3) Annual performance reviews.--The NTIA, in
consultation with the Chair of the Board and any
committee of the Board relating to governance and risk,
shall conduct an annual performance review of the
Associate Administrator.
SEC. 6205. ADVISORY COMMITTEES OF THE FIRST RESPONDER NETWORK
AUTHORITY.
(a) Advisory Committees.--The First Responder Network
Authority--
(1) shall establish a standing public safety advisory
committee to assist the First Responder Network
Authority in carrying out its duties and
responsibilities under this subtitle; and
(2) may establish additional standing or ad hoc
committees, panels, or councils as the First Responder
Network Authority determines are necessary.
(b) Selection of Agents, Consultants, and Experts.--
(1) In general.--The First Responder Network
Authority shall select parties to serve as its agents,
consultants, or experts in a fair, transparent, and
objective manner, and such agents may include a program
manager to carry out certain of the duties and
responsibilities of deploying and operating the
nationwide public safety broadband network described in
subsections (b) and (c) of section 6206.
(2) Binding and final.--[If] Subject to section
6206(d), if the selection of an agent, consultant, or
expert satisfies the requirements under paragraph (1),
the selection of that agent, consultant, or expert
shall be final and binding.
SEC. 6206. POWERS, DUTIES, AND RESPONSIBILITIES OF THE FIRST RESPONDER
NETWORK AUTHORITY.
(a) General Powers.--The First Responder Network Authority
shall have the authority to do the following:
(1) To exercise, through the actions of its Board,
all powers specifically granted by the provisions of
this subtitle, and such incidental powers as shall be
necessary.
(2) To hold such hearings, sit and act at such times
and places, take such testimony, and receive such
evidence as the First Responder Network Authority
considers necessary to carry out its responsibilities
and duties.
(3) To obtain grants and funds from and make
contracts with individuals, private companies,
organizations, institutions, and Federal, State,
regional, and local agencies.
(4) To accept, hold, administer, and utilize gifts,
donations, and bequests of property, both real and
personal, for the purposes of aiding or facilitating
the work of the First Responder Network Authority.
(5) To spend funds under paragraph (3) in a manner
authorized by the Board, but only for purposes that
will advance or enhance public safety communications
consistent with this title.
(6) To take such other actions as the First Responder
Network Authority (through the Board) may from time to
time determine necessary, appropriate, or advisable to
accomplish the purposes of this title.
(b) Duty and Responsibility to Deploy and Operate a
Nationwide Public Safety Broadband Network.--
(1) In general.--The First Responder Network
Authority shall hold the single public safety wireless
license granted under section 6201 and take all actions
necessary to ensure the building, deployment, and
operation of the nationwide public safety broadband
network, in consultation with Federal, State, tribal,
and local public safety entities, the Director of NIST,
the Commission, and the public safety advisory
committee established in section 6205(a), including by,
at a minimum--
(A) ensuring nationwide standards for use and
access of the network;
(B) issuing open, transparent, and
competitive requests for proposals to private
sector entities for the purposes of building,
operating, and maintaining the network that
use, without materially changing, the minimum
technical requirements developed under section
6203;
(C) encouraging that such requests leverage,
to the maximum extent economically desirable,
existing commercial wireless infrastructure to
speed deployment of the network; and
(D) managing and overseeing the
implementation and execution of contracts or
agreements with non-Federal entities to build,
operate, and maintain the network.
(2) Requirements.--In carrying out the duties and
responsibilities of this subsection, including issuing
requests for proposals, the First Responder Network
Authority shall--
(A) ensure the safety, security, and
resiliency of the network, including
requirements for protecting and monitoring the
network to protect against cyberattack;
(B) promote competition in the equipment
market, including devices for public safety
communications, by requiring that equipment for
use on the network be--
(i) built to open, non-proprietary,
commercially available standards;
(ii) capable of being used by any
public safety entity and by multiple
vendors across all public safety
broadband networks operating in the 700
MHz band; and
(iii) backward-compatible with
existing commercial networks to the
extent that such capabilities are
necessary and technically and
economically reasonable;
(C) promote integration of the network with
public safety answering points or their
equivalent; and
(D) address special considerations for areas
or regions with unique homeland security or
national security needs.
(3) Rural coverage.--In carrying out the duties and
responsibilities of this subsection, including issuing
requests for proposals, the nationwide, interoperable
public safety broadband network, consistent with the
license granted under section 6201, shall require
deployment phases with substantial rural coverage
milestones as part of each phase of the construction
and deployment of the network. To the maximum extent
economically desirable, such proposals shall include
partnerships with existing commercial mobile providers
to utilize cost-effective opportunities to speed
deployment in rural areas.
(4) Execution of authority.--In carrying out the
duties and responsibilities of this subsection, the
First Responder Network Authority may--
(A) obtain grants from and make contracts
with individuals, private companies, and
Federal, State, regional, and local agencies;
(B) hire or accept voluntary services of
consultants, experts, advisory boards, and
panels to aid the First Responder Network
Authority in carrying out such duties and
responsibilities;
(C) receive payment for use of--
(i) network capacity licensed to the
First Responder Network Authority; and
(ii) network infrastructure
constructed, owned, or operated by the
First Responder Network Authority; and
(D) take such other actions as may be
necessary to accomplish the purposes set forth
in this subsection.
(c) Other Specific Duties and Responsibilities.--
(1) Establishment of network policies.--In carrying
out the requirements under subsection (b), the First
Responder Network Authority shall develop--
(A) requests for proposals with appropriate--
(i) timetables for construction,
including by taking into consideration
the time needed to build out to rural
areas and the advantages offered
through partnerships with existing
commercial providers under paragraph
(3);
(ii) coverage areas, including
coverage in rural and nonurban areas;
(iii) service levels;
(iv) performance criteria; and
(v) other similar matters for the
construction and deployment of such
network;
(B) the technical and operational
requirements of the network;
(C) practices, procedures, and standards for
the management and operation of such network;
(D) terms of service for the use of such
network, including billing practices; and
(E) ongoing compliance review and monitoring
of the--
(i) management and operation of such
network;
(ii) practices and procedures of the
entities operating on and the personnel
using such network; and
(iii) necessary training needs of
network operators and users.
(2) State and local planning.--
(A) Required consultation.--In developing
requests for proposals and otherwise carrying
out its responsibilities under this Act, the
First Responder Network Authority shall consult
with regional, State, tribal, and local
jurisdictions regarding the distribution and
expenditure of any amounts required to carry
out the policies established under paragraph
(1), including with regard to the--
(i) construction of a core network
and any radio access network build out;
(ii) placement of towers;
(iii) coverage areas of the network,
whether at the regional, State, tribal,
or local level;
(iv) adequacy of hardening, security,
reliability, and resiliency
requirements;
(v) assignment of priority to local
users;
(vi) assignment of priority and
selection of entities seeking access to
or use of the nationwide public safety
interoperable broadband network
established under subsection (b); and
(vii) training needs of local users.
(B) Method of consultation.--The consultation
required under subparagraph (A) shall occur
between the First Responder Network Authority
and the single officer or governmental body
designated under section 6302(d).
(3) Leveraging existing infrastructure.--In carrying
out the requirement under subsection (b), the First
Responder Network Authority shall enter into agreements
to utilize, to the maximum extent economically
desirable, existing--
(A) commercial or other communications
infrastructure; and
(B) Federal, State, tribal, or local
infrastructure.
(4) Maintenance and upgrades.--The First Responder
Network Authority shall ensure the maintenance,
operation, and improvement of the nationwide public
safety broadband network, including by ensuring that
the First Responder Network Authority updates and
revises any policies established under paragraph (1) to
take into account new and evolving technologies.
(5) Roaming agreements.--The First Responder Network
Authority shall negotiate and enter into, as it
determines appropriate, roaming agreements with
commercial network providers to allow the nationwide
public safety broadband network to roam onto commercial
networks and gain prioritization of public safety
communications over such networks in times of an
emergency.
(6) Network infrastructure and device criteria.--The
Director of NIST, in consultation with the First
Responder Network Authority and the Commission, shall
ensure the development of a list of certified devices
and components meeting appropriate protocols and
standards for public safety entities and commercial
vendors to adhere to, if such entities or vendors seek
to have access to, use of, or compatibility with the
nationwide public safety broadband network.
(7) Representation before standard setting
entities.--The First Responder Network Authority, in
consultation with the Director of NIST, the Commission,
and the public safety advisory committee established
under section 6205(a), shall represent the interests of
public safety users of the nationwide public safety
broadband network before any proceeding, negotiation,
or other matter in which a standards organization,
standards body, standards development organization, or
any other recognized standards-setting entity addresses
the development of standards relating to
interoperability.
(8) Prohibition on negotiation with foreign
governments.--The First Responder Network Authority
shall not have the authority to negotiate or enter into
any agreements with a foreign government on behalf of
the United States.
(d) Actions subject to approval of NTIA
(1) In general.--Any action taken by the First
Responder Network Authority shall be subject to the
approval of the NTIA.
(2) Manner of approval.--
(A) Prior approval.--Except as provided in
subparagraph (B), the First Responder Network
Authority may not take an action unless the
NTIA has provided prior approval for such
action.
(B) Actions for which prior approval not
required.--The First Responder Network
Authority may take any of the following actions
without prior approval by the NTIA:
(i) Deploying emergency response
capabilities and resources to
emergencies and disasters.
(ii) Setting strategic priorities and
conducting planning activities with
respect to the nationwide public safety
broadband network.
(iii) Maintaining and updating the
First Responder Network Authority
Strategic Plan and Roadmap or a similar
document with respect to the growth,
evolution, and advancement of the
nationwide public safety broadband
network.
(iv) Establishing performance
expectations and investment priorities
with respect to the nationwide public
safety broadband network.
(v) Developing and adopting the
annual budget of the First Responder
Network Authority and outlining all
network reinvestment decisions and task
orders with respect to the nationwide
public safety broadband network.
(vi) Making written recommendations
to the NTIA for action upon network
reinvestment decisions and task orders
with respect to the nationwide public
safety broadband network.
(vii) Managing the device and
application ecosystem with respect to
the nationwide public safety broadband
network.
(viii) Receiving reports from the
Public Safety Advisory Committee or
other advisory committees established
by the First Responder Network
Authority.
(ix) Communicating with and
conducting outreach to public safety
entities and public safety
professionals.
(x) Reporting to and briefing
Congress, in accordance with this
subtitle.
(xi) Such other actions as the NTIA
may specify.
(C) Rule of construction.--Nothing in this
paragraph may be construed to alter the
requirement of subsection (c) of section 6208
that fees may only be assessed under such
section if approved by the NTIA.
[(d)] (e) Exemption From Certain Laws.--Any action taken or
decisions made by the First Responder Network Authority shall
be exempt from the requirements of--
(1) section 3506 of title 44, United States Code
(commonly referred to as the Paperwork Reduction Act);
(2) chapter 5 of title 5, United States Code
(commonly referred to as the Administrative Procedures
Act); and
(3) chapter 6 of title 5, United States Code
(commonly referred to as the Regulatory Flexibility
Act).
[(e)] (f) Network Construction Fund.--
(1) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
``Network Construction Fund''.
(2) Use of fund.--Amounts deposited into the Network
Construction Fund shall be used by the--
(A) First Responder Network Authority to
carry out this section, except for
administrative expenses; and
(B) NTIA to make grants to States under
section 6302(e)(3)(C)(iii)(I).
[(f)] (g) Termination of Authority.--The authority of the
First Responder Network Authority shall terminate on [the date
that is 15 years after the date of enactment of this title]
September 30, 2037.
[(g)] (h) GAO Report.--[Not later than 10 years after the
date of the enactment of this Act] Not later than 7 years after
the date of the enactment of the First Responder Network
Authority Reauthorization Act of 2026, the Comptroller General
of the United States shall submit to Congress a report on what
action Congress should take regarding the [15-year sunset]
termination of authority under [subsection (f)] subsection (g).
Such report shall also contain recommendations for Congress and
the NTIA regarding preparations for the expiration of any
contract between the First Responder Network Authority and the
FirstNet contractor with respect to building, operating, or
maintaining the nationwide public safety broadband network.
* * * * * * *
SEC. 6208. PERMANENT SELF-FUNDING; DUTY TO ASSESS AND COLLECT FEES FOR
NETWORK USE.
(a) In General.--Notwithstanding section 337 of the
Communications Act of 1934 (47 U.S.C. 337), the First Responder
Network Authority is authorized to assess and collect the
following fees:
(1) Network user fee.--A user or subscription fee
from each entity, including any public safety entity or
secondary user, that seeks access to or use of the
nationwide public safety broadband network.
(2) Lease fees related to network capacity.--
(A) In general.--A fee from any entity that
seeks to enter into a covered leasing
agreement.
(B) Covered leasing agreement.--For purposes
of subparagraph (A), a ``covered leasing
agreement'' means a written agreement resulting
from a public-private arrangement to construct,
manage, and operate the nationwide public
safety broadband network between the First
Responder Network Authority and secondary user
to permit--
(i) access to network capacity on a
secondary basis for non-public safety
services; and
(ii) the spectrum allocated to such
entity to be used for commercial
transmissions along the dark fiber of
the long-haul network of such entity.
(3) Lease fees related to network equipment and
infrastructure.--A fee from any entity that seeks
access to or use of any equipment or infrastructure,
including antennas or towers, constructed or otherwise
owned by the First Responder Network Authority
resulting from a public-private arrangement to
construct, manage, and operate the nationwide public
safety broadband network.
(b) Establishment of Fee Amounts; Permanent Self-funding.--
The total amount of the fees assessed for each fiscal year (or
other period specified by the First Responder Network
Authority) pursuant to this section shall be sufficient, and
shall not exceed the amount necessary, to recoup the total
expenses of the First Responder Network Authority in carrying
out its duties and responsibilities described under this
subtitle for [the fiscal year involved] such fiscal year (or
other period).
(c) Annual Approval.--The NTIA shall review the fees assessed
under this section on an annual basis, and such fees may only
be assessed if approved by the NTIA.
(d) Required Reinvestment of Funds.--[The First Responder
Network Authority]
(1) In general._The First Responder Network Authority
shall reinvest amounts received from the assessment of
fees under this section in the nationwide public safety
interoperable broadband network by using such funds
only for constructing, maintaining, operating, or
improving the network.
(2) NTIA action on network reinvestment decisions and
task orders.--Not later than 60 days after the date on
which the NTIA receives a written recommendation from
the First Responder Network Authority for action upon a
network reinvestment decision or task order with
respect to the nationwide public safety broadband
network, the NTIA shall take action upon such network
reinvestment decision or task order.
SEC. 6209. AUDIT AND REPORT.
(a) Audit.--
(1) In general.--The Secretary of Commerce shall
enter into a contract with an independent auditor to
conduct an audit, on an annual basis, of the First
Responder Network Authority in accordance with general
accounting principles and procedures applicable to
commercial corporate transactions. Each audit conducted
under this paragraph shall be made available to the
appropriate committees of Congress.
(2) Location.--Any audit conducted under paragraph
(1) shall be conducted at the place or places where
accounts of the First Responder Network Authority are
normally kept.
(3) Access to first responder network authority books
and documents.--
(A) In general.--For purposes of an audit
conducted under paragraph (1), the
representatives of the independent auditor
shall--
(i) have access to all books,
accounts, records, reports, files, and
all other papers, things, or property
belonging to or in use by the First
Responder Network Authority that
pertain to the financial transactions
of the First Responder Network
Authority and are necessary to
facilitate the audit; and
(ii) be afforded full facilities for
verifying transactions with the
balances or securities held by
depositories, fiscal agents, and
custodians.
(B) Requirement.--All books, accounts,
records, reports, files, papers, and property
of the First Responder Network Authority shall
remain in the possession and custody of the
First Responder Network Authority.
(b) Report.--
(1) In general.--The independent auditor selected to
conduct an audit under this section shall submit a
report of each audit conducted under subsection (a)
to--
(A) the appropriate committees of Congress;
(B) the President; and
(C) the First Responder Network Authority.
(2) Contents.--Each report submitted under paragraph
(1) shall contain--
(A) such comments and information as the
independent auditor determines necessary to
inform Congress of the financial operations and
condition of the First Responder Network
Authority;
(B) any recommendations of the independent
auditor relating to the financial operations
and condition of the First Responder Network
Authority[; and];
(C) a description of any program,
expenditure, or other financial transaction or
undertaking of the First Responder Network
Authority that was observed during the course
of the audit, which, in the opinion of the
independent auditor, has been carried on or
made without the authority of law[.]; and
(D) an evaluation of the performance of the
FirstNet contractor under the contract in
building, operating, and maintaining the
nationwide public safety broadband network.
* * * * * * *
SEC. 6214. ANNUAL REPORTS ON FIRST RESPONDER NETWORK AUTHORITY.
(a) Report on Network Matters.--The NTIA shall submit to
Congress an annual report that includes information on
cyberattacks, cyber defense efforts, and unscheduled service
outages of all causes with respect to the nationwide public
safety broadband network. Each such annual report--
(1) shall be submitted in unclassified form, but may
contain a classified annex; and
(2) at the request of the Board, shall include a
statement from the Board with respect to such
information.
(b) Report on Adoption Rates.--The NTIA shall submit to
Congress an annual report on adoption rates, by profession and
geographic area, with respect to the nationwide public safety
broadband network that, at the request of the Board, shall
include a statement from the Board with respect to such
adoption rates.
SEC. 6215. ANNUAL BRIEFINGS ON FIRST RESPONDER NETWORK AUTHORITY.
Not later than 1 year after the date of the enactment of this
section, and annually thereafter, the NTIA shall provide to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on activities with
respect to the First Responder Network Authority that, at the
request of the Board, shall include the participation of the
Chair of the Board (or a designee thereof).
SEC. 6216. BUSINESS CONTINUITY AND DISASTER RECOVERY PLAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this section, and every 5 years thereafter,
the FirstNet contractor shall submit to the NTIA for approval,
and to the Board for review, a business continuity and disaster
recovery plan to ensure rapid restoration of the nationwide
public safety broadband network following an outage resulting
from a natural disaster or other emergency.
(b) Timing of Approval or Request for Resubmission.--Not
later than 180 days after the date on which the NTIA receives a
plan submitted under this section, the NTIA, in consultation
with the Board, shall--
(1) approve such plan; or
(2) provide to the FirstNet contractor a written
notice of--
(A) the reasoning for not approving such
plan; and
(B) the timeframe and process, as determined
by the NTIA, for resubmitting such plan for
approval.
SEC. 6217. OUTAGE NOTIFICATIONS.
In the case of any unscheduled service outage with respect to
the nationwide public safety broadband network--
(1) as soon as practicable, but not later than 30
minutes, after the FirstNet contractor has confirmed
such outage, the FirstNet contractor shall notify the
First Responder Network Authority of such outage; and
(2) the FirstNet contractor shall provide to the
departments and agencies that use such network a
network status tool that provides timely information on
such outage.
SEC. 6218. SUBMISSION TO CONGRESS OF FIRSTNET CONTRACT.
Not later than 7 days after receiving a request, in writing,
from the Chair and Ranking Member of the Committee on Energy
and Commerce of the House of Representatives, or from the Chair
and Ranking Member of the Committee on Commerce, Science, and
Transportation of the Senate, the Assistant Secretary shall
submit to such Committee any contract between the First
Responder Network Authority and the FirstNet contractor with
respect to building, operating, or maintaining the nationwide
public safety broadband network.
* * * * * * *
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