Sec. 2512. Internet exchanges and submarine cables

841 words·~4 min read·/bill/117/hr/4521/eas/section-2512

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In this section: The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. 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. The term covered grant means a grant awarded under subsection (b)(1).

The term Indian Tribe — has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); and includes a Native Hawaiian organization, as that term is defined in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ). The term internet exchange facility means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks. The term State has the meaning given the term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ).

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 ).

Not later than 1 year after the date on which amounts are made available under subsection (e), the Assistant Secretary shall award grants to entities to acquire real property and necessary equipment to— 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 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.

To be eligible to receive a covered grant, an entity shall— 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; have sovereign control over the land or building in which the internet exchange facility is to be housed; provide evidence of direct conduit, duct, and manhole access to public rights-of-way; have a plan to establish security protocols for the internet exchange facility to prevent physical or electronic intrusion from unauthorized users; and provide other information required by the Assistant Secretary to protect against waste, fraud, or abuse.

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. The amount of a covered grant may not exceed $3,000,000. Not later than 1 year after the date of enactment of this division, the Assistant Secretary shall establish rules and timelines for applications for— covered grants; and grants under subsection (c). 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.

Nothing in this subsection shall be construed to authorize the Assistant Secretary to regulate, issue guidance for, or otherwise interfere with the activities at an internet exchange facility. Not later than 1 year after the date on which amounts are made available under subsection (e), and in accordance with the rules and timelines established under subsection (b)(5)(A), 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.

Not later than 5 years after the date of enactment of this division, and annually thereafter for 5 years, the Assistant Secretary shall submit a report on outcomes of grants awarded under this section to— the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Energy and Commerce of the House of Representatives. There is authorized to be appropriated $35,000,000 to carry out subsections

(b)and (c). The Assistant Secretary may not use more than 10 percent of the amounts made available under paragraph

(1)to administer and report on the outcomes of grants awarded under this section. The Assistant Secretary may require a recipient of a grant awarded under subsection

(b)or

(c)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.

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