McClellan Advances Bill to Maintain and Strengthen FirstNet Emergency Response Communications

Washington, D.C. - In case you missed it: Congresswoman Jennifer McClellan (VA-04)and Congressman Neal Dunn (FL-02)advanced H.R. 7386, the First Responder Network Authority Reauthorization Act, out of the Energy & Commerce Committee to be voted on and passed by Congress. Their bill strengthens accountability measures and extends current funding levels for FirstNet, a wireless broadband network that helps ensure our nation's first responders can effectively communicate and save lives in an emergency.

On September 11, 2001, bifurcated public safety communications systems and congested cellular networks prevented first responders from communicating across jurisdictions, putting lives in further peril. Following this tragedy, the 9/11 Commission recommended that Congress establish a nationwide, interoperable public safety communications network that prioritizes first responders. The product of that mandate, FirstNet supports public safety under the direction of the First Responder Network Authority (FNA), an independent entity created in 2012 that manages and administers the Nationwide Public Safety Broadband Network (NPSBN). Under current law and without Congressional action, FNA's legal authority is set to expire in February 2027.

"Born out of the tragedy of September 11, 2001, FirstNet plays a critical role in helping first responders stay connected during emergencies. With increasingly frequent extreme weather events like the recent winter storm that swept through much of the East Coast and the South and cost three lives here in Virginia, this could easily mean the difference between life and death," said Congresswoman McClellan. "Congressman Dunn and I are working across the aisle to not only extend FirstNet's current authorization, but strengthen the program's governance, transparency and accountability measures. We have a responsibility to those we serve to not only ensure FirstNet continues to fulfill its core mission, but also to improve it for years to come."

"When Congress created the First Responder Network Authority, there was a clear mandate to have a public safety, preemptive network that would be used exclusively for first responders on the ground. Our nation's heroes and public servants who are the first to respond and the first people to put their lives on the line to protect Americans need robust communications," said Congressman Dunn. "Congresswoman McClellan and I are working on a very clear mandate to give our local communities the resources they need to respond to tragedies, and what we've seen since 2017, when the contract was awarded, has been a tremendous success story. We've also learned some lessons. Our job in Congress of enforcement and oversight of the program is critical and that includes contract transparency and maintaining accountability at all levels. FirstNet is imperative to Florida's Panhandle before, during, and after a disaster."

The First Responder Network Authority Reauthorization Act aims to address the FirstNet sunset, increase transparency and accountability, and ensure Congress retains appropriate visibility into how NPSBN operates. Specifically, the draft legislation would:

• Extend the FNA's statutory authorization through September 2037;
• Remove the FNA's "independent" entity status and provide the NTIA with clear authority to manage and oversee FirstNet's management, operations, and investment decisions;
• Increase public safety's representation on the FirstNet Board from three to five members (out of 15 total);
• Provide the NTIA with authority to stagger FirstNet Board terms to ensure that vacancies are evenly distributed over time and not simultaneously;
• Establish the position of NTIA Associate Administrator to oversee the FNA;
• Expand the scope of allowable network reinvestments to keep up with wireless innovation;
• Require detailed reporting on the performance of the FirstNet contractor (currently AT&T), including annual reports on cybersecurity and service adoption rates;
• Require the FirstNet contractor to submit its Business Continuity and Disaster Recovery Plan to the NTIA for approval;
• Require the FirstNet contractor to notify the FNA of a network outage within 30 minutes of discovery, and require the FirstNet contractor to maintain a network status tool, accessible to subscriber agencies, with up-to-date information on network outages; and
• Require the FNA to submit the FNA-AT&T contract to Congress at the written request of the House or Senate commerce committees.

Read the full bill text here.