[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3479
To improve the licensing and security of submarine and cross-border
terrestrial telecommunications cables, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2025
Mr. Yakym introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, Natural Resources, and Foreign
Affairs, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To improve the licensing and security of submarine and cross-border
terrestrial telecommunications cables, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safeguarding
Essential Cables through Undersea Risk Elimination American
Telecommunications Act'' or the ``SECURE American Telecommunications
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Submarine cable licensing.
Sec. 3. Cross-border terrestrial telecommunications cable licensing.
Sec. 4. Permit process and exemption from certain requirements.
Sec. 5. Repair reports.
Sec. 6. Protection zone study.
Sec. 7. Incidents report.
Sec. 8. International security agreement.
Sec. 9. Penalties for injury to submarine cables.
Sec. 10. International Cable Protection Committee membership.
Sec. 11. Definitions.
SEC. 2. SUBMARINE CABLE LICENSING.
The Act of May 27, 1921 (Chapter 12; 42 Stat. 8; 47 U.S.C. 34 et
seq.), is amended--
(1) in the first section--
(A) by striking ``President of the United States''
and inserting ``Federal Communications Commission'';
and
(B) by striking ``That any such cable now laid
within the United States without a license granted by
the President may continue to operate without such
license for a period of ninety days from the date this
Act takes effect: And provided further,'';
(2) in section 2--
(A) by striking ``President may withhold or revoke
such license when he shall be'' and inserting ``Federal
Communications Commission may withhold and the Federal
Communications Commission or the President may revoke
such license when''; and
(B) by striking ``or may'' and inserting ``and the
Commission may'';
(3) in section 3, by striking ``President'' and inserting
``Federal Communications Commission''; and
(4) by adding at the end the following:
``Sec. 7. (a) No license may be issued under this Act for a
submarine cable directly connecting the United States with--
``(1) an area controlled (as determined by the Secretary of
State) by a foreign adversary of the United States; or
``(2) a facility that contains any communications
equipment, or uses any service, that is on the list published
by the Federal Communications Commission under section 2(a) of
the Secure and Trusted Communications Networks Act of 2019 (47
U.S.C. 1601(a)).
``(b) In this section, the term `foreign adversary of the United
States' means a foreign government or foreign non-government person
specified in section 791.4(a) of title 15, Code of Federal Regulations
(or any successor regulation).
``Sec. 8. (a) A license for a submarine cable under this Act shall
be issued to an individual or entity subject to the following
conditions:
``(1) In the event of an incident that creates or is the
consequence of a cybersecurity risk (as defined in section 11
of the Safeguarding Essential Cables through Undersea Risk
Elimination American Telecommunications Act) involving such
submarine cable, such individual or entity shall submit to the
Federal Communications Commission and the Cybersecurity and
Infrastructure Security Agency a report on the nature of such
incident not later than 24 hours after the date on which such
individual or entity learns of such incident.
``(2) Such individual or entity shall follow the minimum
physical security and cybersecurity standards established under
subsection (b).
``(b) Not later than 180 days after the date of the enactment of
this section, the Federal Communications Commission shall promulgate
regulations establishing minimum standards for the physical security
and cybersecurity of submarine cables and the landing stations of such
cables, including a standard for the minimum distance between submarine
cables on the seabed.
``(c) Not less frequently than every 2 years, the Federal
Communications Commission shall review the regulations promulgated
under subsection (b) and update such regulations if necessary.
``(d) Upon receipt of a report under subsection (a)(1), the Federal
Communications Commission shall provide notice of such report to
relevant entities, including cable operators and data centers, as the
Federal Communications Commission determines appropriate.
``(e) In promulgating and reviewing the regulations promulgated
under subsections (b) and (c), the Federal Communications Commission
shall consult with--
``(1) the Attorney General;
``(2) the Director of National Intelligence;
``(3) the Secretary of Defense;
``(4) the Secretary of Homeland Security; and
``(5) any other Federal entity that the Commission
determines appropriate.
``Sec. 9. (a) The Federal Communications Commission shall make a
final determination with respect to the issuance of a license under
this Act not later than the date that is 540 days after the date on
which an application for such license, filed in accordance with all
applicable regulations, is received by the Federal Communications
Commission.
``(b) If the Federal Communications Commission does not make a
final determination with respect to the issuance of a license under
this Act within the period required by subsection (a), such license
shall be deemed granted on the day after the last day of such
period.''.
SEC. 3. CROSS-BORDER TERRESTRIAL TELECOMMUNICATIONS CABLE LICENSING.
(a) In General.--No person may construct, connect, operate, or
maintain in the United States a terrestrial telecommunications cable
directly connecting the United States with a foreign country unless a
written license to construct, connect, operate, or maintain such cable
has been issued by the Commission.
(b) Requirements.--A terrestrial telecommunications cable for which
a license is required under subsection (a) shall be subject to the same
requirements under the Act of May 27, 1921, as amended by this Act, as
a submarine cable for which a submarine cable license is required, to
the maximum extent practicable (as determined by the Commission).
(c) Relationship to Certain Other Requirements.--Executive Order
13867 (84 Fed. Reg. 15491; relating to issuance of permits with respect
to facilities and land transportation crossings at the international
boundaries of the United States) does not apply with respect to a
terrestrial telecommunications cable for which a license is required
under subsection (a).
(d) Application Process.--Not later than 180 days after the date of
the enactment of this Act, the Commission shall promulgate regulations
to establish a single application for--
(1) a license under subsection (a); and
(2) any other Federal authorization required with respect
to a terrestrial telecommunications cable for which a license
is required under subsection (a).
(e) Applicability.--Subsections (a), (b), and (c) shall apply with
respect to a terrestrial telecommunications cable that is constructed
after the date on which the Commission promulgates regulations under
subsection (d).
SEC. 4. PERMIT PROCESS AND EXEMPTION FROM CERTAIN REQUIREMENTS.
(a) Permit Process.--
(1) General permit.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army (acting
through the Chief of Engineers) shall issue a general permit on
a nationwide basis under section 404(e) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(e)) for the construction,
repair, and maintenance of submarine cables and landing
stations of such cables.
(2) Requirement.--The general permit described in paragraph
(1) shall incorporate the standard for the minimum distance
between submarine cables on the seabed promulgated under
section 8(b) of the Act of May 27, 1921, as amended by this
Act.
(b) Federal Authorization Prohibition.--Notwithstanding any other
provision of law, no Federal authorization (other than a submarine
cable license, a certificate required by section 214 of the
Communications Act of 1934 (47 U.S.C. 214), or the general permit
described in subsection (a)(1)) may be required with respect to the
construction, repair, or maintenance of a submarine cable or a landing
station of such a cable, including with respect to a submarine cable or
a landing station of such a cable that runs or is proposed to run
through a national marine sanctuary designated under the National
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).
(c) NEPA Categorical Exclusion.--The Commission may not remove the
construction of new submarine cable systems from actions that are
categorically excluded from environmental processing under section
1.1306 of title 47, Code of Federal Regulations.
(d) Preemption of State and Local Authority.--No State or local
government or instrumentality thereof may regulate the placement,
construction, modification, or repair of a submarine cable with respect
to which the Commission has issued a submarine cable license, or a
landing station of such a cable, on the basis of the environmental
effects of such cable or landing station.
SEC. 5. REPAIR REPORTS.
(a) In General.--With respect to any individual or entity that
repairs damage to a submarine cable, a landing station of such a cable,
or a terrestrial telecommunications cable, such individual or entity
shall, not later than 7 days after the date on which such repair is
commenced, submit to the Commission through the Network Outage
Reporting System of the Commission a report on the nature of such
damage (which shall include information known with respect to the cause
of such damage).
(b) Information Sharing.--Not later than 7 days after the date on
which a report required by subsection (a) is received by the
Commission, the Commission shall transmit such report--
(1) to the Cybersecurity and Infrastructure Security
Agency; and
(2) in the case of a report relating to a submarine cable
or a landing station of such a cable, to the Department of the
Navy and the National Oceanic and Atmospheric Administration.
(c) Format.--The report required by subsection (a) may be submitted
in classified form.
SEC. 6. PROTECTION ZONE STUDY.
(a) Study.--The Commission, the Secretary of the Army (acting
through the Chief of Engineers), and the Administrator of the National
Oceanic and Atmospheric Administration shall jointly conduct a study on
the benefits, costs, and feasibility of the establishment by the United
States of submarine cable protection zones.
(b) Consultation.--In conducting the study under subsection (a),
the Commission, the Secretary of the Army (acting through the Chief of
Engineers), and the Administrator of the National Oceanic and
Atmospheric Administration shall consult with the Secretary of State on
information with respect to submarine cable protection zones
established by countries other than the United States.
(c) Matters for Analysis.--The study conducted under subsection (a)
shall include an analysis of--
(1) the submarine environment of the United States;
(2) the commercial environment of the United States;
(3) the regulatory environment of the United States; and
(4) benefits, costs, and obstacles associated with the
establishment by the United States of submarine cable
protection zones.
(d) Report.--Not later than 540 days after the date of the
enactment of this Act, the Commission, the Secretary of the Army
(acting through the Chief of Engineers), and the Administrator of the
National Oceanic and Atmospheric Administration shall submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of the study conducted under subsection
(a).
SEC. 7. INCIDENTS REPORT.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter, the Commission shall submit to
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
a report describing any incident that creates or is the consequence of
a cybersecurity risk that was caused by a foreign country or a non-
state actor during the preceding year and that targeted--
(1) a submarine cable with respect to which the Commission
has issued a submarine cable license;
(2) a submarine cable of an ally (as determined by the
Secretary of State) of the United States; or
(3) a landing station of a cable described in paragraph (1)
or (2).
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
SEC. 8. INTERNATIONAL SECURITY AGREEMENT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall seek to enter into an agreement with
the covered countries to establish a common set of minimum security
standards with respect to submarine cables, the landing stations of
such cables, and licenses to land and operate such cables.
SEC. 9. PENALTIES FOR INJURY TO SUBMARINE CABLES.
The Act of February 29, 1888 (Chapter 17; 25 Stat. 41; 47 U.S.C. 21
et seq.), is amended--
(1) in the first section, by striking ``shall be guilty of
a misdemeanor, and, on conviction thereof, shall be liable to
imprisonment for a term not exceeding two years, or to a fine
not exceeding five thousand dollars, or to both fine and
imprisonment, at the discretion of the court'' and inserting
``shall be imprisoned for not more than 25 years or fined under
title 18, United States Code, or both''; and
(2) in section 2, by striking ``shall be guilty of a
misdemeanor, and, on conviction thereof, shall be liable to
imprisonment for a term not exceeding three months, or to a
fine not exceeding five hundred dollars, or to both fine and
imprisonment, at the discretion of the court'' and inserting
``shall be imprisoned for not more than 1 year or fined under
title 18, United States Code, or both''.
SEC. 10. INTERNATIONAL CABLE PROTECTION COMMITTEE MEMBERSHIP.
Not later than 30 days after the date of the enactment of this Act,
the Commission shall take such actions as are necessary to become a
member of the International Cable Protection Committee.
SEC. 11. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered countries.--The term ``covered countries''
means the following:
(A) Australia.
(B) Canada.
(C) New Zealand.
(D) The United Kingdom.
(3) Cybersecurity risk.--The term ``cybersecurity risk''--
(A) means a threat to or vulnerability of
information or an information system, including
through--
(i) unauthorized access to such information
or information system;
(ii) unauthorized use of such information
or information system;
(iii) unauthorized disclosure of such
information or information with respect to such
information system;
(iv) unauthorized degradation of such
information or information system;
(v) unauthorized disruption of such
information or information system;
(vi) unauthorized modification of such
information or information system;
(vii) unauthorized destruction of such
information or information system; and
(viii) an act of terrorism; and
(B) does not include any action that solely
involves a violation of a consumer term of service or a
consumer licensing agreement.
(4) Federal authorization.--The term ``Federal
authorization''--
(A) means any authorization required under Federal
law with respect to a submarine cable or a terrestrial
telecommunications cable, including any authorization
with respect to the construction, repair, or
maintenance of such a cable or a landing station of
such a cable; and
(B) includes any licenses, permits, special use
authorizations, certifications, opinions, or other
approvals as may be required under Federal law with
respect to such a cable or a landing station of such a
cable.
(5) State.--The term ``State'' has the meaning given such
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(6) Submarine cable license.--The term ``submarine cable
license'' means a license to land or operate a submarine cable
required by the first section of the Act of May 27, 1921
(Chapter 12; 42 Stat. 8; 47 U.S.C. 34).
(7) Submarine cable protection zone.--The term ``submarine
cable protection zone'' means a maritime geographic zone in
which marine activity may be restricted to protect a submarine
cable from accidental or intentional damage.
(8) Terrestrial telecommunications cable.--The term
``terrestrial telecommunications cable'' means any terrestrial
cable used for a telecommunications purpose, including any
infrastructure associated with such cable.
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