[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7856-S7857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4303. Mr. SCHATZ (for himself and Ms. Hirono) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. BROADBAND DEFENSE FUND.

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     National Telecommunications Information Administration.
       (2) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (3) State.--The term ``State'' means a State of the United 
     States and the District of Columbia.
       (4) 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'').
       (5) Team telecom.--The term ``Team Telecom'' means the 
     interagency working committee of the Federal Communications 
     Commission, the Department of Defense, the Department of 
     Homeland Security, and the Department of Justice, as 
     described in the Report and Order of the Federal 
     Communications Commission issued on October 1, 2020 entitled 
     ``Process Reform for Executive Branch Review of Certain FCC 
     Applications and Petitions Involving Foreign Ownership''.
       (6) Transport capacity.--The term ``transport capacity''--
       (A) means broadband transmission capability that does not 
     predominantly serve end users or the last mile of the 
     transmission network; and
       (B) may include interoffice transport, backhaul, Internet 
     connectivity, middle mile, or long-haul service used for 
     transport of broadband data between network locations other 
     than end-user premises or devices.
       (b) Broadband Defense Fund.--
       (1) NTIA administration.--Not later than 1 year after the 
     date on which amounts are made available under paragraph (1), 
     the Administration shall establish the Broadband Defense Fund 
     to provide--
       (A) transport capacity in or to connect to States where the 
     headquarters of the United States Indo-Pacific Command are 
     located; and
       (B) open access carrier neutral submarine cable landing 
     stations in States where the headquarters of the United 
     States Indo-Pacific Command are located.
       (2) Award of support.--The Administration shall establish a 
     process to award amounts from the Broadband Defense Fund 
     under this section in accordance with the following 
     requirements:
       (A) Support shall be awarded only for deployment, 
     maintenance, and operation of transport broadband capacity, 
     in locations or on routes that are not supported or expected 
     to be supported under any other of the high-cost universal 
     service support programs of the Federal Communications 
     Commission.
       (B) The Administration shall establish criteria for 
     awarding support in a manner consistent with this section, 
     including supporting the broadband needs of the United States 
     Indo-Pacific Command and the surrounding communities.
       (3) Obligations of fund recipients.--
       (A) In general.--The Administration shall ensure that each 
     recipient of amounts from the Broadband Defense Fund is 
     legally, technically, and financially qualified to complete 
     the required broadband deployment within the term of support.
       (B) Access.--Recipients of amounts from the Broadband 
     Defense Fund shall provide carrier-neutral wholesale access 
     to landing spots and transport capacity supported by the 
     Fund--
       (i) on just, reasonable, affordable, and reasonably non-
     discriminatory terms, as determined by rules issued by the 
     Administration; and
       (ii) at rates no higher than the national average wholesale 
     price of comparable wholesale telecommunications transport 
     services, as determined by the Administration.
       (C) Vender vetting.--Any grant, subgrant, or contract 
     awarded using amounts from the Broadband Defense Fund 
     relating to a submarine cable landing station or undersea 
     transport capacity activity may only be

[[Page S7857]]

     awarded to a vendor that has been vetted and approved by Team 
     Telecom.
       (4) Appropriations.--The Broadband Defense Fund shall 
     consist of amounts appropriated to the Broadband Defense Fund 
     by an Act of Congress.
                                 ______