United States 116th Congress Status: In Committee 1 R cosponsors

S 1166 — Internet Exchange and Submarine Cable Act of 2020

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 629.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

178 added · 48 removed

Plain-language change summary

The amendment to S. 1166 removed the short title of the act and certain definitions, including the term "Internet exchange facility." It also revised the section on grants, specifying that the Assistant Secretary of Commerce for Communications and Information will award grants for acquiring property and equipment for internet exchange facilities, contingent on the entity demonstrating sufficient third-party interest. These changes clarify the grant process and streamline the initial definitions for the bill, which may impact how entities apply for funding and how the program is structured.

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1166 Introduced in Senate (IS)] <DOC> 116th CONGRESS 1st Session S.
1166 Reported in Senate (RS)] <DOC> Calendar No.
629 116th CONGRESS 2d Session S.
Blackburn (for herself and Ms.
Blackburn (for herself, Ms.
Baldwin) introduced the following bill;
Baldwin, Ms.
which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ 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.
Duckworth, and Mr.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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 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.
This Act may be cited as the ``Internet Exchange Act of 2019''.
This Act may be cited as the ``Internet Exchange and Submarine Cable Act of 2020''.
(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.
(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'').
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION GRANTS.
INTERNET EXCHANGE FACILITY GRANTS.
(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-- (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;
(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;
(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.
(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.
(d) 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 covered grants.
(d) Grant Amount.--The amount of a covered grant may not exceed $3,000,000.
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(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.
(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.
(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.
(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.
USE OF E-RATE AND RURAL HEALTH CARE UNIVERSAL SERVICE SUPPORT.
SUBMARINE CABLE LANDING STATION GRANTS.
Section 254 of the Communications Act of 1934 (47 U.S.C.
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.
254) is amended by adding at the end the following:
SEC.
``(m) Use of E-Rate and Rural Health Care Support for Costs Relating to Internet Exchange Facility Connection.-- ``(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-- ``(A) to contract with a broadband internet service provider to obtain connection to an internet exchange facility;
5.
or ``(B) for the costs of maintaining a point of presence at an internet exchange facility.
REPORT.
``(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.
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;
``(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.''.
and (2) the Committee on Energy and Commerce of the House of Representatives.
<all>
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
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Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Wire or radio communication · 47 U.S.C. ch. 5 1 section
  • § 254 Universal service Amends

    47 U.S.C. § 254

    The law today

    (a) Procedures to review universal service requirements (1) Federal-State Joint Board on universal service Within one month after February 8, 1996, the Commission shall institute and refer to a Federal-State Joint Board under section 410(c) of this title a proceeding to recommend changes to any of its regulations in order to implement sections 214(e) of this title and this section, including the definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for completion of such recommendations. In addition to the members of the Joint Board required under section 410(c) of this title, one member of such Joint Board shall be a State-appointed utility consumer advocate nominated by a national organization of State utility consumer advocates. The Joint Board shall, after notice and opportunity for public comment, make its recommendations to the Commission 9 months after February 8, 1996. (2) Commission action The Commission shall initiate a single proceeding to implement the recommendations from the Joint Board required by paragraph (1) and shall complete such proceeding within 15 months after February 8, 1996. The rules established by such proceeding shall include a definition of the services that are supported by Federal universal service support mechanisms and a specific timetable for implementation. Thereafter, the Commission shall complete any proceeding to implement subsequent recommendations from any Joint Board on universal service within one year after receiving such recommendations. (b) Universal service principles The Joint Board and the Commission shall base policies for the preservation and advancement of universal service on the following principles: (1) Quality and rates Quality services should be available at just, reasonable, and affordable rates. (2) Access to advanced services Access to advanced telecommunications and information services should be provided in all regions of the Nation. (3) Access in rural and high cost areas Consumers in all regions of the Nation, including low-income consumers and those in rural, insular, and high cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. (4) Equitable and nondiscriminatory contributions All providers of telecommunications services should make an equitable and nondiscriminatory contribution to the preservation and advancement of universal service. (5) Specific and predictable support mechanisms There should be specific, predictable and sufficient Federal and State mechanisms to preserve and advance universal service. (6) Access to advanced telecommunications services for schools, health care, and libraries Elementary and secondary schools and classrooms, health care providers, and libraries should have access to advanced telecommunications services as described in subsection (h). (7) Additional principles Such other principles as the Joint Board and the Commission determine are necessary and appropriate for the protection of the public interest, convenience, and necessity and are consistent with this chapter. (c) Definition (1) In general Universal service is an evolving level of telecommunications services that the Commission shall establish periodically under this section, taking into account advances in telecommunications and information technologies and services. The Joint Board in recommending, and the Commission in establishing, the definition of the services that are supported by Federal universal service support mechanisms shall consider the extent to which such telecommunications services— (A) are essential to education, public health, or public safety; (B) have, through the operation of market c...

    47 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 20 U.S.C. § 7517, 25 U.S.C. § 5304, 47 U.S.C. § 34, 47 U.S.C. § 153

Action History

  1. Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. Without written report.

  2. Committee on Commerce, Science, and Transportation. Reported by Senator Wicker with an amendment in the nature of a substitute. Without written report.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 629.

  4. Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Introduced in Senate

  6. Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

technology
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Frequently asked questions

Who sponsors S 1166?
S 1166 is sponsored by Blackburn, Marsha (Republican).
What is the current status of S 1166?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 1166?
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