,i #aaith ,,congress #ast ,session ,h4 ,r4 #cdgi ,,in ,,the ,,house ,,of ,,representatives ,may #ai1 #bjbe,mr4 ,yakym introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,transportation and ,infrastructure1 ,natural ,resources1 and ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 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 cables1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,safeguarding ,essential ,cables through ,undersea ,risk ,elimination ,american ,telecommunications ,act or the ,,secure ,american ,telecommunications ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,submarine cable licensing4 ,sec4 #c4 ,cross-border terrestrial telecommunications cable licensing4 ,sec4 #d4 ,permit process and exemption from certain requirements4 ,sec4 #e4 ,repair reports4 ,sec4 #f4 ,protection zone study4 ,sec4 #g4 ,incidents report4 ,sec4 #h4 ,international security agreement4 ,sec4 #i4 ,penalties for injury to submarine cables4 ,sec4 #aj4 ,international ,cable ,protection ,committee membership4 ,sec4 #aa4 ,definitions4 #b4 ,submarine cable licensing ,the ,act of ,may #bg1 #aiba 7,chapter #ab2 #db ,stat4 #h2 #dg ,u4,s4,c4 #cd et seq471 is amended-- 7#a7 in the first section-- 7,a7 by striking ,president of the ,united ,states and inserting ,federal ,communications ,commission2 and 7,b7 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 effect3 ,and provided further12 7#b7 in section #b-- 7,a7 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 when2 and 7,b7 by striking or may and inserting and the ,commission may2 7#c7 in section #c1 by striking ,president and inserting ,federal ,communications ,commission2 and 7#d7 by adding at the end the following3 #g4 7a7 ,no license may be issued under this ,act for a submarine cable directly connecting the ,united ,states with-- 7#a7 an area controlled 7as determined by the ,secretary of ,state7 by a foreign adversary of the ,united ,states2 or 7#b7 a facility that contains any communications equipment1 or uses any service1 that is on the list published by the ,federal ,communications ,commission under section #b7;a7 of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afja7;a774 7b7 ,in this section1 the term foreign adversary of the ,united ,states means a foreign government or foreign non-government person specified in section #gia4d7;a7 of title #ae1 ,code of ,federal ,regulations 7or any successor regulation74 #h4 7a7 ,a license for a submarine cable under this ,act shall be issued to an individual or entity subject to the following conditions3 7#a7 ,in the event of an incident that creates or is the consequence of a cybersecurity risk 7as defined in section #aa of the ,safeguarding ,essential ,cables through ,undersea ,risk ,elimination ,american ,telecommunications ,act7 involving such submarine cable1 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 #bd hours after the date on which such individual or entity learns of such incident4 7#b7 ,such individual or entity shall follow the minimum physical security and cybersecurity standards established under subsection 7b74 7b7 ,not later than #ahj days after the date of the enactment of this section1 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 cables1 including a standard for the minimum distance between submarine cables on the seabed4 7c7 ,not less frequently than every #b years1 the ,federal ,communications ,commission shall review the regulations promulgated under subsection 7b7 and update such regulations if necessary4 7d7 ,upon receipt of a report under subsection 7a77#a71 the ,federal ,communications ,commission shall provide notice of such report to relevant entities1 including cable operators and data centers1 as the ,federal ,communications ,commission determines appropriate4 7e7 ,in promulgating and reviewing the regulations promulgated under subsections 7b7 and 7c71 the ,federal ,communications ,commission shall consult with-- 7#a7 the ,attorney ,general2 7#b7 the ,director of ,national ,intelligence2 7#c7 the ,secretary of ,defense2 7#d7 the ,secretary of ,homeland ,security2 and 7#e7 any other ,federal entity that the ,commission determines appropriate4 #i4 7a7 ,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 #edj days after the date on which an application for such license1 filed in accordance with all applicable regulations1 is received by the ,federal ,communications ,commission4 7b7 ,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 7a71 such license shall be deemed granted on the day after the last day of such period4 4 #c4 ,cross-border terrestrial telecommunications cable licensing 7a7 ,in general ,no person may construct1 connect1 operate1 or maintain in the ,united ,states a terrestrial telecommunications cable directly connecting the ,united ,states with a foreign country unless a written license to construct1 connect1 operate1 or maintain such cable has been issued by the ,commission4 7b7 ,requirements ,a terrestrial telecommunications cable for which a license is required under subsection 7a7 shall be subject to the same requirements under the ,act of ,may #bg1 #aiba1 as amended by this ,act1 as a submarine cable for which a submarine cable license is required1 to the maximum extent practicable 7as determined by the ,commission74 7c7 ,relationship to certain other requirements ,executive ,order #achfg 7#hd ,fed4 ,reg4 #aedia2 relating to issuance of permits with respect to facilities and land transportation crossings at the international boundaries of the ,united ,states7 does not apply with respect to a terrestrial telecommunications cable for which a license is required under subsection 7a74 7d7 ,application process ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall promulgate regulations to establish a single application for-- 7#a7 a license under subsection 7a72 and 7#b7 any other ,federal authorization required with respect to a terrestrial telecommunications cable for which a license is required under subsection 7a74 7e7 ,applicability ,subsections 7a71 7b71 and 7c7 shall apply with respect to a terrestrial telecommunications cable that is constructed after the date on which the ,commission promulgates regulations under subsection 7d74 #d4 ,permit process and exemption from certain requirements 7a7 ,permit process 7#a7 ,general permit ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,army 7acting through the ,chief of ,engineers7 shall issue a general permit on a nationwide basis under section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;e77 for the construction1 repair1 and maintenance of submarine cables and landing stations of such cables4 7#b7 ,requirement ,the general permit described in paragraph 7#a7 shall incorporate the standard for the minimum distance between submarine cables on the seabed promulgated under section #h7;b7 of the ,act of ,may #bg1 #aiba1 as amended by this ,act4 7b7 ,federal authorization prohibition ,notwithstanding any other provision of law1 no ,federal authorization 7other than a submarine cable license1 a certificate required by section #bad of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bad71 or the general permit described in subsection 7a77#a77 may be required with respect to the construction1 repair1 or maintenance of a submarine cable or a landing station of such a cable1 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 7#af ,u4,s4,c4 #adca et seq474 7c7 ,,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 #a4acjf of title #dg1 ,code of ,federal ,regulations4 7d7 ,preemption of ,state and local authority ,no ,state or local government or instrumentality thereof may regulate the placement1 construction1 modification1 or repair of a submarine cable with respect to which the ,commission has issued a submarine cable license1 or a landing station of such a cable1 on the basis of the environmental effects of such cable or landing station4 #e4 ,repair reports 7a7 ,in general ,with respect to any individual or entity that repairs damage to a submarine cable1 a landing station of such a cable1 or a terrestrial telecommunications cable1 such individual or entity shall1 not later than #g days after the date on which such repair is commenced1 submit to the ,commission through the ,network ,outage ,reporting ,system of the ,commission a report on the nature of such damage 7which shall include information known with respect to the cause of such damage74 7b7 ,information sharing ,not later than #g days after the date on which a report required by subsection 7a7 is received by the ,commission1 the ,commission shall transmit such report-- 7#a7 to the ,cybersecurity and ,infrastructure ,security ,agency2 and 7#b7 in the case of a report relating to a submarine cable or a landing station of such a cable1 to the ,department of the ,navy and the ,national ,oceanic and ,atmospheric ,administration4 7c7 ,format ,the report required by subsection 7a7 may be submitted in classified form4 #f4 ,protection zone study 7a7 ,study ,the ,commission1 the ,secretary of the ,army 7acting through the ,chief of ,engineers71 and the ,administrator of the ,national ,oceanic and ,atmospheric ,administration shall jointly conduct a study on the benefits1 costs1 and feasibility of the establishment by the ,united ,states of submarine cable protection zones4 7b7 ,consultation ,in conducting the study under subsection 7a71 the ,commission1 the ,secretary of the ,army 7acting through the ,chief of ,engineers71 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 ,states4 7c7 ,matters for analysis ,the study conducted under subsection 7a7 shall include an analysis of-- 7#a7 the submarine environment of the ,united ,states2 7#b7 the commercial environment of the ,united ,states2 7#c7 the regulatory environment of the ,united ,states2 and 7#d7 benefits1 costs1 and obstacles associated with the establishment by the ,united ,states of submarine cable protection zones4 7d7 ,report ,not later than #edj days after the date of the enactment of this ,act1 the ,commission1 the ,secretary of the ,army 7acting through the ,chief of ,engineers71 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 ,commerce1 ,science1 and ,transportation of the ,senate a report containing the results of the study conducted under subsection 7a74 #g4 ,incidents report 7a7 ,report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 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-- 7#a7 a submarine cable with respect to which the ,commission has issued a submarine cable license2 7#b7 a submarine cable of an ally 7as determined by the ,secretary of ,state7 of the ,united ,states2 or 7#c7 a landing station of a cable described in paragraph 7#a7 or 7#b74 7b7 ,form ,the report required by subsection 7a7 shall be submitted in unclassified form1 but may contain a classified annex4 #h4 ,international security agreement ,not later than #ahj days after the date of the enactment of this ,act1 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 cables1 the landing stations of such cables1 and licenses to land and operate such cables4 #i4 ,penalties for injury to submarine cables ,the ,act of ,february #bi1 #ahhh 7,chapter #ag2 #be ,stat4 #da2 #dg ,u4,s4,c4 #ba et seq471 is amended-- 7#a7 in the first section1 by striking shall be guilty of a misdemeanor1 and1 on conviction thereof1 shall be liable to imprisonment for a term not exceeding two years1 or to a fine not exceeding five thousand dollars1 or to both fine and imprisonment1 at the discretion of the court and inserting shall be imprisoned for not more than #be years or fined under title #ah1 ,united ,states ,code1 or both2 and 7#b7 in section #b1 by striking shall be guilty of a misdemeanor1 and1 on conviction thereof1 shall be liable to imprisonment for a term not exceeding three months1 or to a fine not exceeding five hundred dollars1 or to both fine and imprisonment1 at the discretion of the court and inserting shall be imprisoned for not more than #a year or fined under title #ah1 ,united ,states ,code1 or both4 #aj4 ,international ,cable ,protection ,committee membership ,not later than #cj days after the date of the enactment of this ,act1 the ,commission shall take such actions as are necessary to become a member of the ,international ,cable ,protection ,committee4 #aa4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,covered countries ,the term covered countries means the following3 7,a7 ,australia4 7,b7 ,canada4 7,c7 ,new ,zealand4 7,d7 ,the ,united ,kingdom4 7#c7 ,cybersecurity risk ,the term cybersecurity risk-- 7,a7 means a threat to or vulnerability of information or an information system1 including through-- 7i7 unauthorized access to such information or information system2 7ii7 unauthorized use of such information or information system2 7iii7 unauthorized disclosure of such information or information with respect to such information system2 7iv7 unauthorized degradation of such information or information system2 7v7 unauthorized disruption of such information or information system2 7vi7 unauthorized modification of such information or information system2 7vii7 unauthorized destruction of such information or information system2 and 7viii7 an act of terrorism2 and 7,b7 does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement4 7#d7 ,federal authorization ,the term ,federal authorization-- 7,a7 means any authorization required under ,federal law with respect to a submarine cable or a terrestrial telecommunications cable1 including any authorization with respect to the construction1 repair1 or maintenance of such a cable or a landing station of such a cable2 and 7,b7 includes any licenses1 permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law with respect to such a cable or a landing station of such a cable4 7#e7 ,state ,the term ,state has the meaning given such term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#f7 ,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 #bg1 #aiba 7,chapter #ab2 #db ,stat4 #h2 #dg ,u4,s4,c4 #cd74 7#g7 ,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 damage4 7#h7 ,terrestrial telecommunications cable ,the term terrestrial telecommunications cable means any terrestrial cable used for a telecommunications purpose1 including any infrastructure associated with such cable4