,,ii ,calendar ,no4 #fbi #aafth ,,congress #b;d ,session ,s4 #aaff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjai,mrs4 ,blackburn 7for herself1 ,ms4 ,baldwin1 ,ms4 ,duckworth1 and ,mr4 ,blunt7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #ae1 #bjbj,reported by ,mr4 ,wicker1 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 facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,internet ,exchange ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,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 #bjaj ,standards for ,delineating ,metropolitan and ,micropolitan ,statistical ,areas1 published in the ,federal ,register on ,june #bh1 #bjaj 7#ge ,fed4 ,reg4 #cgbdf71 or any successor to that ,notice4 7#c7 ,covered grant ,the term covered grant means a grant awarded under section #c7;a74 7#d7 ,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 networks4 #c4 ,national ,telecommunications and ,information ,administration grants 7a7 ,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 7d71 the ,assistant ,secretary shall award grants to entities to acquire real property and necessary equipment to-- 7#a7 establish a new internet exchange facility in a core based statistical area in which1 at the time the grant is awarded1 there are no existing internet exchange facilities2 or 7#b7 expand operations at an existing internet exchange facility in a core based statistical area in which1 at the time the grant is awarded1 there is only #a internet exchange facility4 7b7 ,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 expanded1 as applicable4 7c7 ,federal share ,the ,federal share of the total cost of the establishment of1 or expansion of operations at1 an internet exchange facility for which a covered grant is awarded may not exceed #ej percent4 7d7 ,applications 7#a7 ,rules and timelines ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall establish rules and timelines for applications for covered grants4 7#b7 ,third party review ,to prevent fraud in the covered grant program1 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 #fj 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 grant4 7e7 ,rule of construction ,nothing in this section shall be construed to authorize the ,assistant ,secretary to regulate1 issue guidance for1 or otherwise interfere with the activities at an internet exchange facility4 7f7 ,no additional funds authorized ,no additional funds are authorized to be appropriated to carry out this section4 ,this section shall be carried out using amounts otherwise authorized4 #d4 ,use of ,e-,rate and ,rural ,health ,care universal service support ,section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7 is amended by adding at the end the following3 7m7 ,use of ,e-,rate and ,rural ,health ,care support for costs relating to internet exchange facility connection 7#a7 ,in general ,notwithstanding any other provision of law or regulation1 including subpart ,f or ,g of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 a recipient of support under such subpart ,f or ,g may receive support under that subpart-- 7,a7 to contract with a broadband internet service provider to obtain connection to an internet exchange facility2 or 7,b7 for the costs of maintaining a point of presence at an internet exchange facility4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to authorize the ,commission to regulate1 issue guidance for1 or otherwise interfere with the activities at an internet exchange facility4 7#c7 ,internet exchange facility defined ,in this subsection1 the term internet exchange facility means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks4 4 #a4 ,short title ,this ,act may be cited as the ,internet ,exchange and ,submarine ,cable ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,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 #bjaj ,standards for ,delineating ,metropolitan and ,micropolitan ,statistical ,areas1 published in the ,federal ,register on ,june #bh1 #bjaj 7#ge ,fed4 ,reg4 #cgbdf71 or any successor to that ,notice4 7#c7 ,covered grant ,the term covered grant means a grant awarded under section #c7;a74 7#d7 ,indian ,tribe ,the term ,indian ,tribe-- 7,a7 has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 and 7,b7 includes a ,native ,hawaiian organization1 as that term is defined in section #fbjg of the ,native ,hawaiian ,education ,act 7#bj ,u4,s4,c4 #geag74 7#e7 ,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 networks4 7#f7 ,state ,the term ,state has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#g7 ,submarine cable landing station ,the term submarine cable landing station means a cable landing station1 as that term is used in section #a4gfg7;a77#e7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 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 ,states1 approved ,may #bg1 #aiba 7#dg ,u4,s4,c4 #cd7 7commonly known as the ,cable ,landing ,licensing ,act74 #c4 ,internet exchange facility grants 7a7 ,grants ,not later than #a year after the date on which amounts are made available under section #f1 the ,assistant ,secretary shall award grants to entities to acquire real property and necessary equipment to-- 7#a7 establish a new internet exchange facility in a core based statistical area in which1 at the time the grant is awarded1 there are no existing internet exchange facilities2 or 7#b7 expand operations at an existing internet exchange facility in a core based statistical area in which1 at the time the grant is awarded1 there is only #a internet exchange facility4 7b7 ,eligibility ,to be eligible to receive a covered grant1 an entity shall-- 7#a7 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 expanded1 as applicable2 7#b7 have sovereign control over the land or building in which the internet exchange facility is to be housed2 7#c7 provide evidence of direct conduit1 duct1 and manhole access to public rights-of-way2 7#d7 have a plan to establish security protocols for the internet exchange facility to prevent physical or electronic intrusion from unauthorized users2 and 7#e7 provide other information required by the ,assistant ,secretary to protect against waste1 fraud1 or abuse4 7c7 ,federal share ,the ,federal share of the total cost of the establishment of1 or expansion of operations at1 an internet exchange facility for which a covered grant is awarded may not exceed #ej percent4 7d7 ,grant amount ,the amount of a covered grant may not exceed #c1jjj1jjj4 7e7 ,applications 7#a7 ,rules and timelines ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall establish rules and timelines for applications for-- 7,a7 covered grants2 and 7,b7 grants under section #d4 7#b7 ,third party review ,to prevent fraud in the covered grant program1 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 #fj 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 grant4 7f7 ,rule of construction ,nothing in this section shall be construed to authorize the ,assistant ,secretary to regulate1 issue guidance for1 or otherwise interfere with the activities at an internet exchange facility4 #d4 ,submarine cable landing station grants ,not later than #a year after the date on which amounts are made available under section #f1 and in accordance with the rules and timelines established under section #c7;e77#a71 the ,assistant ,secretary shall award grants to ,states and ,indian ,tribes to build infrastructure and acquire necessary equipment to establish or expand an open-access1 carrier-neutral submarine cable landing station that serves a military facility4 #e4 ,report ,not later than #e years after the date of enactment of this ,act1 and annually thereafter for #e years1 the ,assistant ,secretary shall submit a report on outcomes of grants awarded under this ,act to-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #f4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated #ce1jjj1jjj to carry out sections #c and #d4 7b7 ,limitation ,the ,assistant ,secretary may not use more than #aj percent of the amounts made available under subsection 7a7 to administer and report on the outcomes of grants awarded under this ,act4 #g4 ,return of certain grant amounts ,the ,assistant ,secretary may require a recipient of a grant awarded under section #c or #d to return all or a portion of the grant amount if there is evidence of waste1 fraud1 or abuse of grant funds by the recipient4 ,december #ae1 #bjbj,reported with an amendment