[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1166 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 629
116th CONGRESS
  2d Session
                                S. 1166

 To direct the Assistant Secretary of Commerce for Communications and 
   Information to make grants for the establishment or expansion of 
         internet exchange facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2019

Mrs. Blackburn (for herself, Ms. Baldwin, Ms. Duckworth, and Mr. Blunt) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           December 15, 2020

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To direct the Assistant Secretary of Commerce for Communications and 
   Information to make grants for the establishment or expansion of 
         internet exchange facilities, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Internet Exchange Act of 
2019''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary of Commerce for 
        Communications and Information.</DELETED>
        <DELETED>    (2) Core based statistical area.--The term ``core 
        based statistical area'' has the meaning given the term by the 
        Office of Management and Budget in the Notice of Decision 
        entitled ``2010 Standards for Delineating Metropolitan and 
        Micropolitan Statistical Areas'', published in the Federal 
        Register on June 28, 2010 (75 Fed. Reg. 37246), or any 
        successor to that Notice.</DELETED>
        <DELETED>    (3) Covered grant.--The term ``covered grant'' 
        means a grant awarded under section 3(a).</DELETED>
        <DELETED>    (4) Internet exchange facility.--The term 
        ``internet exchange facility'' means physical infrastructure 
        through which internet service providers and content delivery 
        networks exchange internet traffic between their 
        networks.</DELETED>

<DELETED>SEC. 3. NATIONAL TELECOMMUNICATIONS AND INFORMATION 
              ADMINISTRATION GRANTS.</DELETED>

<DELETED>    (a) Grants.--On and after the first day of the first 
fiscal year beginning after the date on which the Assistant Secretary 
establishes rules and timelines under subsection (d), the Assistant 
Secretary shall award grants to entities to acquire real property and 
necessary equipment to--</DELETED>
        <DELETED>    (1) establish a new internet exchange facility in 
        a core based statistical area in which, at the time the grant 
        is awarded, there are no existing internet exchange facilities; 
        or</DELETED>
        <DELETED>    (2) expand operations at an existing internet 
        exchange facility in a core based statistical area in which, at 
        the time the grant is awarded, there is only 1 internet 
        exchange facility.</DELETED>
<DELETED>    (b) Eligibility.--An entity may not receive a covered 
grant unless the entity certifies to the Assistant Secretary that the 
entity has sufficient interest from third party entities that will use 
the internet exchange facility to be funded by the grant once the 
facility is established or operations are expanded, as 
applicable.</DELETED>
<DELETED>    (c) Federal Share.--The Federal share of the total cost of 
the establishment of, or expansion of operations at, an internet 
exchange facility for which a covered grant is awarded may not exceed 
50 percent.</DELETED>
<DELETED>    (d) Applications.--</DELETED>
        <DELETED>    (1) Rules and timelines.--Not later than 1 year 
        after the date of enactment of this Act, the Assistant 
        Secretary shall establish rules and timelines for applications 
        for covered grants.</DELETED>
        <DELETED>    (2) Third party review.--To prevent fraud in the 
        covered grant program, the Assistant Secretary shall enter into 
        a contract with an independent third party under which the 
        third party reviews an application for a covered grant not 
        later than 60 days after the date on which the application is 
        submitted to ensure that only an entity that is eligible for a 
        covered grant receives a covered grant.</DELETED>
<DELETED>    (e) Rule of Construction.--Nothing in this section shall 
be construed to authorize the Assistant Secretary to regulate, issue 
guidance for, or otherwise interfere with the activities at an internet 
exchange facility.</DELETED>
<DELETED>    (f) No Additional Funds Authorized.--No additional funds 
are authorized to be appropriated to carry out this section. This 
section shall be carried out using amounts otherwise 
authorized.</DELETED>

<DELETED>SEC. 4. USE OF E-RATE AND RURAL HEALTH CARE UNIVERSAL SERVICE 
              SUPPORT.</DELETED>

<DELETED>    Section 254 of the Communications Act of 1934 (47 U.S.C. 
254) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(m) Use of E-Rate and Rural Health Care Support for 
Costs Relating to Internet Exchange Facility Connection.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision of law or regulation, including subpart F or G of 
        part 54 of title 47, Code of Federal Regulations (or any 
        successor regulation), a recipient of support under such 
        subpart F or G may receive support under that subpart--
        </DELETED>
                <DELETED>    ``(A) to contract with a broadband 
                internet service provider to obtain connection to an 
                internet exchange facility; or</DELETED>
                <DELETED>    ``(B) for the costs of maintaining a point 
                of presence at an internet exchange facility.</DELETED>
        <DELETED>    ``(2) Rule of construction.--Nothing in this 
        subsection shall be construed to authorize the Commission to 
        regulate, issue guidance for, or otherwise interfere with the 
        activities at an internet exchange facility.</DELETED>
        <DELETED>    ``(3) Internet exchange facility defined.--In this 
        subsection, the term `internet exchange facility' means 
        physical infrastructure through which internet service 
        providers and content delivery networks exchange internet 
        traffic between their networks.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Exchange and Submarine 
Cable Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Core based statistical area.--The term ``core based 
        statistical area'' has the meaning given the term by the Office 
        of Management and Budget in the Notice of Decision entitled 
        ``2010 Standards for Delineating Metropolitan and Micropolitan 
        Statistical Areas'', published in the Federal Register on June 
        28, 2010 (75 Fed. Reg. 37246), or any successor to that Notice.
            (3) Covered grant.--The term ``covered grant'' means a 
        grant awarded under section 3(a).
            (4) Indian tribe.--The term ``Indian Tribe''--
                    (A) has the meaning given the term in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304); and
                    (B) includes a Native Hawaiian organization, as 
                that term is defined in section 6207 of the Native 
                Hawaiian Education Act (20 U.S.C. 7517).
            (5) Internet exchange facility.--The term ``internet 
        exchange facility'' means physical infrastructure through which 
        internet service providers and content delivery networks 
        exchange internet traffic between their networks.
            (6) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
            (7) Submarine cable landing station.--The term ``submarine 
        cable landing station'' means a cable landing station, as that 
        term is used in section 1.767(a)(5) of title 47, Code of 
        Federal Regulations (or any successor regulation), that can be 
        utilized to land a submarine cable by an entity that has 
        obtained a license under the first section of the Act entitled 
        ``An Act relating to the landing and operation of submarine 
        cables in the United States'', approved May 27, 1921 (47 U.S.C. 
        34) (commonly known as the ``Cable Landing Licensing Act'').

SEC. 3. INTERNET EXCHANGE FACILITY GRANTS.

    (a) Grants.--Not later than 1 year after the date on which amounts 
are made available under section 6, the Assistant Secretary shall award 
grants to entities to acquire real property and necessary equipment 
to--
            (1) establish a new internet exchange facility in a core 
        based statistical area in which, at the time the grant is 
        awarded, there are no existing internet exchange facilities; or
            (2) expand operations at an existing internet exchange 
        facility in a core based statistical area in which, at the time 
        the grant is awarded, there is only 1 internet exchange 
        facility.
    (b) Eligibility.--To be eligible to receive a covered grant, an 
entity shall--
            (1) have sufficient interest from third party entities that 
        will use the internet exchange facility to be funded by the 
        grant once the facility is established or operations are 
        expanded, as applicable;
            (2) have sovereign control over the land or building in 
        which the internet exchange facility is to be housed;
            (3) provide evidence of direct conduit, duct, and manhole 
        access to public rights-of-way;
            (4) have a plan to establish security protocols for the 
        internet exchange facility to prevent physical or electronic 
        intrusion from unauthorized users; and
            (5) provide other information required by the Assistant 
        Secretary to protect against waste, fraud, or abuse.
    (c) Federal Share.--The Federal share of the total cost of the 
establishment of, or expansion of operations at, an internet exchange 
facility for which a covered grant is awarded may not exceed 50 
percent.
    (d) Grant Amount.--The amount of a covered grant may not exceed 
$3,000,000.
    (e) Applications.--
            (1) Rules and timelines.--Not later than 1 year after the 
        date of enactment of this Act, the Assistant Secretary shall 
        establish rules and timelines for applications for--
                    (A) covered grants; and
                    (B) grants under section 4.
            (2) Third party review.--To prevent fraud in the covered 
        grant program, the Assistant Secretary shall enter into a 
        contract with an independent third party under which the third 
        party reviews an application for a covered grant not later than 
        60 days after the date on which the application is submitted to 
        ensure that only an entity that is eligible for a covered grant 
        receives a covered grant.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to authorize the Assistant Secretary to regulate, issue 
guidance for, or otherwise interfere with the activities at an internet 
exchange facility.

SEC. 4. SUBMARINE CABLE LANDING STATION GRANTS.

    Not later than 1 year after the date on which amounts are made 
available under section 6, and in accordance with the rules and 
timelines established under section 3(e)(1), the Assistant Secretary 
shall award grants to States and Indian Tribes to build infrastructure 
and acquire necessary equipment to establish or expand an open-access, 
carrier-neutral submarine cable landing station that serves a military 
facility.

SEC. 5. REPORT.

    Not later than 5 years after the date of enactment of this Act, and 
annually thereafter for 5 years, the Assistant Secretary shall submit a 
report on outcomes of grants awarded under this Act to--
            (1) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (2) the Committee on Energy and Commerce of the House of 
        Representatives.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated $35,000,000 
to carry out sections 3 and 4.
    (b) Limitation.--The Assistant Secretary may not use more than 10 
percent of the amounts made available under subsection (a) to 
administer and report on the outcomes of grants awarded under this Act.

SEC. 7. RETURN OF CERTAIN GRANT AMOUNTS.

    The Assistant Secretary may require a recipient of a grant awarded 
under section 3 or 4 to return all or a portion of the grant amount if 
there is evidence of waste, fraud, or abuse of grant funds by the 
recipient.
                                                       Calendar No. 629

116th CONGRESS

  2d Session

                                S. 1166

_______________________________________________________________________

                                 A BILL

 To direct the Assistant Secretary of Commerce for Communications and 
   Information to make grants for the establishment or expansion of 
         internet exchange facilities, and for other purposes.

_______________________________________________________________________

                           December 15, 2020

                       Reported with an amendment