119-hr3479

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Introduced in House

    (IH) ]

<DOC>

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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