47 U.S.C. § 1424 — Establishment of the First Responder Net-

Page 436 TITLE 47—TELECOMMUNICATIONS § 1424 (d) Travel expenses The members of the Interoperability Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the per- formance of services for the Interoperability Board. (e) Exemption from chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the Interoperability Board. (f) Termination of authority The Interoperability Board shall terminate 15 days after the date on which the Commission transmits the recommendations to the First Re- sponder Network Authority under subsection (c)(3)(A). (Pub. L. 112–96, title VI, § 6203, Feb. 22, 2012, 126 Stat. 207; Pub. L. 117–286, § 4(a)(301), Dec. 27, 2022, 136 Stat. 4339.) Editorial Notes AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘FACA’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. § 1424. Establishment of the First Responder Net- work Authority (a) Establishment There is established as an independent author- ity within the NTIA the ‘‘First Responder Net- work 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 Manage- ment and Budget; and (D) 12 individuals appointed by the Sec- retary 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 re- gional representation of the United States in such appointments; (iii) seek to ensure rural and urban rep- resentation in such appointments; and (iv) appoint not fewer than 3 individuals who have served as public safety profes- sionals. (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 re- garding broadband communications, in- cluding public safety communications. (III) Network expertise Expertise in building, deploying, and operating commercial telecommuni- cations networks. (IV) Financial expertise Expertise in financing and funding telecommunications networks. (ii) Expertise to be represented In making appointments under para- graph (1)(D), the Secretary of Commerce shall appoint— (I) not fewer than 1 individual who sat- isfies the requirement under subclause (II) of clause (i); (II) not fewer than 1 individual who satisfies the requirement under sub- clause (III) of clause (i); and (III) not fewer than 1 individual who satisfies the requirement under sub- clause (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 February 22, 2012. (2) Terms (A) Length (i) In general Each member of the Board described in subparagraphs (A) through (C) of sub- section (b)(1) shall serve as a member of the Board for the life of the First Re- sponder Network Authority. (ii) Appointed individuals The term of office of each individual ap- pointed to be a member of the Board under subsection (b)(1)(D) shall be 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 ex- pired, 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 ap- pointed 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)— Page 437 TITLE 47—TELECOMMUNICATIONS § 1426 (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. (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 ap- pointed under subsection (b)(1)(D), an indi- vidual 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 com- mittee of the Board, shall be open to the pub- lic. 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 Re- sponder 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 ap- pointed 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 sub- paragraphs (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 Re- sponder Network Authority, but shall be al- lowed a per diem allowance for travel ex- penses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the per- formance of the duties of the First Responder Network Authority. (Pub. L. 112–96, title VI, § 6204, Feb. 22, 2012, 126 Stat. 208.) Editorial Notes REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsec. (g)(1), is set out under section 5315 of Title 5, Government Organization and Employees. § 1425. Advisory committees of the First Re- sponder Network Authority (a) Advisory committees The First Responder Network Authority— (1) shall establish a standing public safety advisory committee to assist the First Re- sponder Network Authority in carrying out its duties and responsibilities under this sub- chapter; and (2) may establish additional standing or ad hoc committees, panels, or councils as the First Responder Network Authority deter- mines 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, con- sultants, or experts in a fair, transparent, and objective manner, and such agents may in- clude 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 1426 of this title. (2) Binding and final If the selection of an agent, consultant, or expert satisfies the requirements under para- graph (1), the selection of that agent, consult- ant, or expert shall be final and binding. (Pub. L. 112–96, title VI, § 6205, Feb. 22, 2012, 126 Stat. 211.) § 1426. 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 subchapter, and such inci- dental powers as shall be necessary. (2) To hold such hearings, sit and act at such times and places, take such testimony, and re- ceive 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 com- panies, organizations, institutions, and Fed- eral, 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 aid- ing or facilitating the work of the First Re- sponder 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 chapter. (6) To take such other actions as the First Responder Network Authority (through the