II 

116TH CONGRESS 

1ST SESSION S. 918 

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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Eliminate From Regu5 lators Opportunities to Nationalize The Internet in Every 

6 Respect Act’’ or the ‘‘E-FRONTIER Act’’. 


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•S 918 IS

1 SEC. 2. PROHIBITION AGAINST THE PRESIDENT OR A FED2 ERAL AGENCY CONSTRUCTING, OPERATING, 

3 OR OFFERING SERVICES ON BROADBAND 

4 NETWORKS. 

5 (a) DEFINITIONS.—In this section— 

6 (1) the term ‘‘agency’’ has the meaning given 

7 the term in section 902 of title 5, United States 

8 Code; 

9 (2) the term ‘‘broadband network’’— 

10 (A) means a communications network, the 

11 primary purpose of which is to provide con12 sumers with the capability to transmit data to 

13 and receive data from all or substantially all 

14 internet endpoints; and 

15 (B) includes a next-generation mobile 

16 broadband network; 

17 (3) the term ‘‘nationwide public safety 

18 broadband network’’ has the meaning given the term 

19 in section 6001 of the Middle Class Tax Relief and 

20 Job Creation Act of 2012 (47 U.S.C. 1401); and 

21 (4) the term ‘‘President’’ means the President 

22 of the United States. 

23 (b) PROHIBITION.—Neither the President nor an 

24 agency may construct, operate, or offer wholesale or retail 

25 service on a broadband network unless a duly enacted Act 


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1 of Congress signed into law by the President provides the 

2 President or the agency, as applicable, with that authority. 

3 (c) RULES OF CONSTRUCTION.—Nothing in this sec4 tion may be construed to— 

5 (1) limit, restrict, or circumvent in any way— 

6 (A) the implementation of the nationwide 

7 public safety broadband network; or 

8 (B) any rules implementing the nationwide 

9 public safety broadband network under title VI 

10 of the Middle Class Tax Relief and Job Cre11 ation Act of 2012 (47 U.S.C. 1401 et seq.); 

12 (2) affect the authority of the President under 

13 section 706 of the Communications Act of 1934 (47 

14 U.S.C. 606); or 

15 (3) prevent— 

16 (A) an agency from providing another 

17 agency with access to a broadband network; or 

18 (B) a private entity from obtaining access 

19 to a broadband network at a facility that is 

20 owned or operated by the Federal Government 

21 if that entity is under a contract to provide 

22 services at that facility. 

23 SEC. 3. REPORT ON VULNERABILITIES OF UNITED STATES 

24 BROADBAND NETWORKS. 

25 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘appropriate committees of Con2 gress’’ means— 

3 (A) the Committee on Commerce, Science, 

4 and Transportation of the Senate; 

5 (B) the Committee on Armed Services of 

6 the Senate; 

7 (C) the Select Committee on Intelligence of 

8 the Senate; 

9 (D) the Committee on Energy and Com10 merce of the House of Representatives; 

11 (E) the Committee on Armed Services of 

12 the House of Representatives; and 

13 (F) the Permanent Select Committee on 

14 Intelligence of the House of Representatives; 

15 and 

16 (2) the term ‘‘broadband network’’ has the 

17 meaning given the term in section 2(a). 

18 (b) REPORT.—Not later than 180 days after the date 

19 of enactment of this Act, the Comptroller General of the 

20 United States shall conduct a study and submit to the ap21 propriate committees of Congress a report, which shall in22 clude— 

23 (1) a discussion and analysis of— 

24 (A) potential threats facing broadband net25 works in the United States from— 


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1 (i) the Government of the People’s 

2 Republic of China; 

3 (ii) the Government of Iran; 

4 (iii) the Government of the Russian 

5 Federation; and 

6 (iv) any other potential foreign adver7 sary of the United States; and 

8 (B) the risks associated with using foreign 

9 equipment and services in broadband networks 

10 in the United States; and 

11 (2) recommendations, if any, regarding how 

12 service providers with respect to broadband networks 

13 in the United States can reduce the vulnerabilities of 

14 those networks to foreign threats. 

Æ 


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