[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 918 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 164
116th CONGRESS
  1st Session
                                 S. 918

                          [Report No. 116-66]

   To prohibit the President or a Federal agency from constructing, 
   operating, or offering wholesale or retail services on broadband 
 networks without authorization from Congress, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2019

 Mr. Cruz (for himself and Ms. Cortez Masto) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             July 25, 2019

                Reported by Mr. Wicker, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To prohibit the President or a Federal agency from constructing, 
   operating, or offering wholesale or retail services on broadband 
 networks without authorization from Congress, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminate From Regulators 
Opportunities to Nationalize The Internet in Every Respect Act'' or the 
``E-FRONTIER Act''.

SEC. 2. PROHIBITION AGAINST THE PRESIDENT OR A FEDERAL AGENCY 
              CONSTRUCTING, OPERATING, OR OFFERING SERVICES ON 
              BROADBAND NETWORKS.

    (a) Definitions.--In this section--
            (1) the term ``agency'' has the meaning given the term in 
        section 902 of title 5, United States Code;
            (2) the term ``broadband network''--
                    (A) means a communications network, the primary 
                purpose of which is to provide consumers with the 
                capability to transmit data to and receive data from 
                all or substantially all internet endpoints; and
                    (B) includes a next-generation mobile broadband 
                network;
            (3) the term ``nationwide public safety broadband network'' 
        has the meaning given the term in section 6001 of the Middle 
        Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401); 
        and
            (4) the term ``President'' means the President of the 
        United States.
    (b) Prohibition.--Neither the President nor an agency may 
construct, operate, or offer wholesale or retail service on a broadband 
network unless a duly enacted Act of Congress signed into law by the 
President provides the President or the agency, as applicable, with 
that authority.
    (c) Rules of Construction.--Nothing in this section may be 
construed to--
            (1) limit, restrict, or circumvent in any way--
                    (A) the implementation of the nationwide public 
                safety broadband network; or
                    (B) any rules implementing the nationwide public 
                safety broadband network under title VI of the Middle 
                Class Tax Relief and Job Creation Act of 2012 (47 
                U.S.C. 1401 et seq.);
            (2) affect the authority of the President under section 706 
        of the Communications Act of 1934 (47 U.S.C. 606); or
            (3) prevent--
                    (A) an agency from providing another agency with 
                access to a broadband network; or
                    (B) a private entity from obtaining access to a 
                broadband network at a facility that is owned or 
                operated by the Federal Government if that entity is 
                under a contract to provide services at that facility.; 
                or
            (4) affect the authority of the Federal Communications 
        Commission under the Communications Act of 1934 (47 U.S.C. 151 
        et seq.).

SEC. 3. REPORT ON VULNERABILITIES OF UNITED STATES BROADBAND NETWORKS.

    (a) Definitions.--In this section--
            (1) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Armed Services of the Senate;
                    (C) the Select Committee on Intelligence of the 
                Senate;
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (E) the Committee on Armed Services of the House of 
                Representatives; and
                    (F) the Permanent Select Committee on Intelligence 
                of the House of Representatives; and
            (2) the term ``broadband network'' has the meaning given 
        the term in section 2(a).
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General of the United States shall conduct a 
study and submit to the appropriate committees of Congress a report, 
which shall include--
            (1) a discussion and analysis of--
                    (A) potential threats facing broadband networks in 
                the United States from--
                            (i) the Government of the People's Republic 
                        of China;
                            (ii) the Government of Iran;
                            (iii) the Government of the Russian 
                        Federation; and
                            (iv) any other potential foreign adversary 
                        of the United States; and
                    (B) the risks associated with using foreign 
                equipment and services in broadband networks in the 
                United States; and
            (2) recommendations, if any, regarding how service 
        providers with respect to broadband networks in the United 
        States can reduce the vulnerabilities of those networks to 
        foreign threats.
                                                       Calendar No. 164

116th CONGRESS

  1st Session

                                 S. 918

                          [Report No. 116-66]

_______________________________________________________________________

                                 A BILL

   To prohibit the President or a Federal agency from constructing, 
   operating, or offering wholesale or retail services on broadband 
 networks without authorization from Congress, and for other purposes.

_______________________________________________________________________

                             July 25, 2019

                        Reported with amendments