E-FRONTIER Act

I 116TH CONGRESS 1ST SESSION H. R. 2063 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 HOUSE OF REPRESENTATIVES APRIL 3, 2019 Mr. CA´RDENAS (for himself, Mrs. BROOKS of Indiana, Mr. VELA, and Mr. BANKS) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce A BILL To prohibit the President or a Federal agency from con- structing, operating, or offering wholesale or retail serv- ices on broadband networks without authorization from Congress, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Eliminate From Regu- 4 lators Opportunities to Nationalize The Internet in Every 5 Respect Act’’ or the ‘‘E-FRONTIER Act’’. 6 VerDate Sep 11 2014 21:10 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2063.IH H2063 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2063 IH SEC. 2. PROHIBITION AGAINST THE PRESIDENT OR A FED- 1 ERAL AGENCY CONSTRUCTING, OPERATING, 2 OR OFFERING SERVICES ON BROADBAND 3 NETWORKS. 4 (a) DEFINITIONS.—In this section— 5 (1) the term ‘‘agency’’ has the meaning given 6 the term in section 902 of title 5, United States 7 Code; 8 (2) the term ‘‘broadband network’’— 9 (A) means a communications network, the 10 primary purpose of which is to provide con- 11 sumers with the capability to transmit data to 12 and receive data from all or substantially all 13 internet endpoints; and 14 (B) includes a next-generation mobile 15 broadband network; 16 (3) the term ‘‘nationwide public safety 17 broadband network’’ has the meaning given the term 18 in section 6001 of the Middle Class Tax Relief and 19 Job Creation Act of 2012 (47 U.S.C. 1401); and 20 (4) the term ‘‘President’’ means the President 21 of the United States. 22 (b) PROHIBITION.—Neither the President nor an 23 agency may construct, operate, or offer wholesale or retail 24 service on a broadband network unless a duly enacted Act 25 VerDate Sep 11 2014 21:10 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2063.IH H2063 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2063 IH of Congress signed into law by the President provides the 1 President or the agency, as applicable, with that authority. 2 (c) RULES OF CONSTRUCTION.—Nothing in this sec- 3 tion may be construed to— 4 (1) limit, restrict, or circumvent in any way— 5 (A) the implementation of the nationwide 6 public safety broadband network; or 7 (B) any rules implementing the nationwide 8 public safety broadband network under title VI 9 of the Middle Class Tax Relief and Job Cre- 10 ation Act of 2012 (47 U.S.C. 1401 et seq.); 11 (2) affect the authority of the President under 12 section 706 of the Communications Act of 1934 (47 13 U.S.C. 606); 14 (3) prevent— 15 (A) an agency from providing another 16 agency with access to a broadband network; or 17 (B) a private entity from obtaining access 18 to a broadband network at a facility that is 19 owned or operated by the Federal Government 20 if that entity is under a contract to provide 21 services at that facility; or 22 (4) affect the authority of the Federal Commu- 23 nications Commission under the Communications 24 Act of 1934 (47 U.S.C. 151 et seq.). 25 VerDate Sep 11 2014 21:10 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2063.IH H2063 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2063 IH SEC. 3. REPORT ON VULNERABILITIES OF UNITED STATES 1 BROADBAND NETWORKS. 2 (a) DEFINITIONS.—In this section— 3 (1) the term ‘‘appropriate committees of Con- 4 gress’’ means— 5 (A) the Committee on Commerce, Science, 6 and Transportation of the Senate; 7 (B) the Committee on Armed Services of 8 the Senate; 9 (C) the Select Committee on Intelligence of 10 the Senate; 11 (D) the Committee on Energy and Com- 12 merce of the House of Representatives; 13 (E) the Committee on Armed Services of 14 the House of Representatives; and 15 (F) the Permanent Select Committee on 16 Intelligence of the House of Representatives; 17 and 18 (2) the term ‘‘broadband network’’ has the 19 meaning given the term in section 2(a). 20 (b) REPORT.—Not later than 180 days after the date 21 of enactment of this Act, the Comptroller General of the 22 United States shall conduct a study and submit to the ap- 23 propriate committees of Congress a report, which shall in- 24 clude— 25 (1) a discussion and analysis of— 26 VerDate Sep 11 2014 21:10 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2063.IH H2063 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2063 IH (A) potential threats facing broadband net- 1 works in the United States from— 2 (i) the Government of the People’s 3 Republic of China; 4 (ii) the Government of Iran; 5 (iii) the Government of the Russian 6 Federation; and 7 (iv) any other potential foreign adver- 8 sary of the United States; and 9 (B) the risks associated with using foreign 10 equipment and services in broadband networks 11 in the United States; and 12 (2) recommendations, if any, regarding how 13 service providers with respect to broadband networks 14 in the United States can reduce the vulnerabilities of 15 those networks to foreign threats. 16 Æ VerDate Sep 11 2014 21:10 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2063.IH H2063 pamtmann on DSKBFK8HB2PROD with BILLS