II 

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. 

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


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•S 918 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Eliminate From Regu3 lators Opportunities to Nationalize The Internet in Every 

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

5 SEC. 2. PROHIBITION AGAINST THE PRESIDENT OR A FED6 ERAL AGENCY CONSTRUCTING, OPERATING, 

7 OR OFFERING SERVICES ON BROADBAND 

8 NETWORKS. 

9 (a) DEFINITIONS.—In this section— 

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

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

12 Code; 

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

14 (A) means a communications network, the 

15 primary purpose of which is to provide con16 sumers with the capability to transmit data to 

17 and receive data from all or substantially all 

18 internet endpoints; and 

19 (B) includes a next-generation mobile 

20 broadband network; 

21 (3) the term ‘‘nationwide public safety 

22 broadband network’’ has the meaning given the term 

23 in section 6001 of the Middle Class Tax Relief and 

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

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

26 of the United States. 


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

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

3 service on a broadband network unless a duly enacted Act 

4 of Congress signed into law by the President provides the 

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

6 (c) RULES OF CONSTRUCTION.—Nothing in this sec7 tion may be construed to— 

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

9 (A) the implementation of the nationwide 

10 public safety broadband network; or 

11 (B) any rules implementing the nationwide 

12 public safety broadband network under title VI 

13 of the Middle Class Tax Relief and Job Cre14 ation Act of 2012 (47 U.S.C. 1401 et seq.); 

15 (2) affect the authority of the President under 

16 section 706 of the Communications Act of 1934 (47 

17 U.S.C. 606); or 

18 (3) prevent— 

19 (A) an agency from providing another 

20 agency with access to a broadband network; or 

21 (B) a private entity from obtaining access 

22 to a broadband network at a facility that is 

23 owned or operated by the Federal Government 

24 if that entity is under a contract to provide 

25 services at that facility.; or 


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1 (4) affect the authority of the Federal Commu2 nications Commission under the Communications Act 

3 of 1934 (47 U.S.C. 151 et seq.). 

4 SEC. 3. REPORT ON VULNERABILITIES OF UNITED STATES 

5 BROADBAND NETWORKS. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the term ‘‘appropriate committees of Con8 gress’’ means— 

9 (A) the Committee on Commerce, Science, 

10 and Transportation of the Senate; 

11 (B) the Committee on Armed Services of 

12 the Senate; 

13 (C) the Select Committee on Intelligence of 

14 the Senate; 

15 (D) the Committee on Energy and Com16 merce of the House of Representatives; 

17 (E) the Committee on Armed Services of 

18 the House of Representatives; and 

19 (F) the Permanent Select Committee on 

20 Intelligence of the House of Representatives; 

21 and 

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

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

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

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


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1 United States shall conduct a study and submit to the ap2 propriate committees of Congress a report, which shall in3 clude— 

4 (1) a discussion and analysis of— 

5 (A) potential threats facing broadband net6 works in the United States from— 

7 (i) the Government of the People’s 

8 Republic of China; 

9 (ii) the Government of Iran; 

10 (iii) the Government of the Russian 

11 Federation; and 

12 (iv) any other potential foreign adver13 sary of the United States; and 

14 (B) the risks associated with using foreign 

15 equipment and services in broadband networks 

16 in the United States; and 

17 (2) recommendations, if any, regarding how 

18 service providers with respect to broadband networks 

19 in the United States can reduce the vulnerabilities of 

20 those networks to foreign threats. 


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Calendar No. 164 

116TH CONGRESS 

1ST SESSION S. 918 

[Report No. 116–66] 

A BILL 

To prohibit the President or a Federal agency from 

poses. authorization from Congress, and for other purretail services on broadband networks without constructing, operating, or offering wholesale or 

JULY 25, 2019 

Reported with amendments 


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