First Responder Network Authority Reauthorization Act of 2026
What changed between versions
The NTIA approval framework was fundamentally restructured. The introduced version required NTIA to develop a list of actions that do NOT require prior approval (a negative list). The engrossed version inverts this: FirstNet may not take any action unless NTIA has provided prior approval, except for a specific enumerated list of 11 categories of exempt actions (emergency deployment, strategic planning, budget development, device ecosystem management, congressional reporting, etc.). This gives NTIA broader default control over FirstNet operations.
Annual reports to Congress were expanded: the cybersecurity report now covers 'unscheduled service outages of all causes' (not just cyberattacks), and at the Board's request, both the annual report and annual briefing must include a statement or participation from the Board Chair.
New requirement that NTIA must take action on network reinvestment decisions and task orders within 60 days of receiving a written recommendation from FirstNet. This creates a deadline to prevent NTIA inaction from stalling network investments.
Staggered terms for Board members were restored and modified. The introduced version struck the staggered terms provision entirely; the engrossed version amends it to require the Secretary of Commerce to ensure terms are staggered so that no more than 4 members' terms expire at the same time.
Outage notification requirements were changed in two ways: (1) the trigger was narrowed from 'any outage' to 'any unscheduled service outage'; and (2) the requirement for FirstNet to report outages to FCC's Network Outage Reporting System and Disaster Information Reporting System was removed entirely.
The business continuity and disaster recovery plan must now be submitted to the Board for review in addition to NTIA for approval, and NTIA must consult with the Board before approving or requesting resubmission of the plan.
The termination report (due 7 years after enactment) must now include recommendations for Congress and NTIA regarding preparations for the expiration of any FirstNet contract, adding forward-looking planning obligations.
The Associate Administrator position was changed from a general Senior Executive Service appointment by the Assistant Secretary to a career appointee (as defined in 5 U.S.C. 3132(a)) selected from among 3 individuals nominated by the Board, appointed under merit procedures. This makes the position more insulated and gives the Board direct influence over who leads day-to-day operations.
Board composition requirement for public safety professionals was tightened: they must now be '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,' rather than simply having served as public safety professionals.
The description of network components was narrowed by removing 'spectrum bands' from the list. The network now consists of 'technologies and services' rather than 'technologies, spectrum bands, and services,' potentially limiting FirstNet's authority over spectrum-related decisions.
The entity responsible for submitting the FirstNet contract to Congress upon request was changed from 'the First Responder Network Authority' to 'the Assistant Secretary,' shifting the obligation up the NTIA chain of command.
The definition of 'interoperable/interoperability' that was added in the introduced version was removed in the engrossed version.
