,,ii #aaith ,,congress #ast ,session ,s4 #cbdi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #bj1 #bjbe,mrs4 ,shaheen 7for herself and ,mr4 ,barrasso7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to enhance ,united ,states ,government strategic coordination of the security1 installation1 maintenance1 and repair of international subsea fiber-optic cables4 #a4 ,short title ,this ,act may be cited as the ,strategic ,subsea ,cables ,act of #bjbe4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,,title ,i--,international coordination and engagement on subsea fiber-optic cables,sec4 #aja4 ,findings4,sec4 #ajb4 ,sense of ,congress4,sec4 #ajc4 ,enhancing ,united ,states ,government engagement at the ,international ,cable ,protection ,committee to safeguard ,united ,states interests4,sec4 #ajd4 ,imposition of sanctions with respect to damage to subsea fiber-optic cables4,sec4 #aje4 ,report on subsea fiber-optic cable activities by the ,people's ,republic of ,china and the ,russian ,federation4,sec4 #ajf4 ,engaging foreign partners to strengthen subsea fiber-optic cable security4,,title ,,ii--,department of ,state subsea fiber-optic expertise,sec4 #bja4 ,expanding subsea fiber-optic cable expertise at the ,department of ,state4,,title ,,iii--,subsea fiber-optic cable coordination1 construction1 and repair,sec4 #cja4 ,improving ,united ,states ,government coordination of subsea fiber-optic cables4,sec4 #cjb4 ,strengthening information sharing between ,united ,states ,government and private sector actors on subsea fiber-optic cables4 #c4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#c7 ,appropriate ,federal agencies ,the term appropriate ,federal agencies means the following3 7,a7 ,the ,department of ,commerce4 7,b7 ,the ,department of ,defense4 7,c7 ,the ,department of ,homeland ,security4 7,d7 ,the ,office of the ,director of ,national ,intelligence4 7,e7 ,the ,department of ,state4 7,f7 ,the ,federal ,communications ,commission4 7,g7 ,the ,department of the ,treasury4 7,h7 ,the ,department of the ,judiciary4 7,i7 ,any additional ,federal agencies1 as determined by the ,president4 7#d7 ,interagency committee ,the term interagency committee means the entity established under section #cja7;b7 of this ,act4 7#e7 ,non-,federal entity ,the term non-,federal entity means any nongovernmental entity that is an individual1 organization1 or business involved in the operation1 maintenance1 repair1 or construction of subsea fiber-optic cables1 including subsea cable owners4 7#f7 ,subsea fiber-optic cable threat ,the term subsea fiber-optic cable threat means an action or likely future action1 in particular1 actions taken with malicious intent1 on or through a subsea fiber-optic cable network that may result in an unauthorized effort to adversely impact the privacy1 efficacy1 security1 or integrity of a subsea fiber-optic cable network4 ,i ,international coordination and engagement on subsea fiber-optic cables #aja4 ,findings ,congress makes the following findings3 7#a7 ,following subsea fiber-optic cable cuts in the ,baltic ,sea in ,december #bjbd1 the ,north ,atlantic ,treaty ,organization 7,,nato7 established the ,critical ,undersea ,infrastructure ,network to conduct information and threat intelligence sharing among private and public sector actors to protect subsea cables4 7#b7 ,on ,february #ba1 #bjbe1 the ,european ,union published an ,,eu ,action ,plan on ,cable ,security to include the development and deployment of an ,integrated ,surveillance ,mechanism for ,submarine cables work to establish a dedicated regional hub in the ,baltic ,sea to serve as a test bed of the integrated surveillance approach4 7#c7 ,the ,association of ,southeast ,asian ,states 7,,asean7 published guidelines for ,strengthening ,resilience and ,repair of ,submarine ,cables and most recently announced plans to build a secure1 diverse and resilient submarine cable network and to facilitate the expeditious deployment1 repair1 maintenance1 removal1 and protection of submarine cables1 between ,,asean ,member ,states4 7#d7 ,on ,july #a1 #bjbe1 the ,quad1 represented by the ,united ,states1 ,india1 ,japan1 and ,australia1 met to reaffirm its commitment to the ,quad ,partnership on ,cable ,connectivity and ,resilience4 ,in the meeting1 the ,quad underscored the need for digital infrastructure collaboration1 organizing a subsea cables forum to be hosted by the ,united ,states and ,india and encouraging regulatory harmonization between ,quad partners4 ,through this initiative1 the ,quad seeks to defend and promote resilient1 secure1 and transparent digital infrastructure across the ,indo-,pacific region4 #ajb4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 subsea fiber-optic cables constitute the backbone of the global internet and therefore should be treated as a global public good2 7#b7 the ,united ,states ,government has an important role to play in advancing the ,united ,states interests in international bodies that oversee subsea fiber-optic cable protection1 promote network resilience and redundancy1 and advance regulations in support of these goals2 7#c7 the ,united ,states ,government should play a more active role in the ,international ,cable ,protection ,committee 7,,icpc7 in order to advance the ,united ,states national security and economic interests2 7#d7 the ,united ,states should lead efforts to promote the deployment of resilient subsea fiber-optic cable networks1 enhance situational awareness1 strengthen preparedness1 and formalize collective responses among allies and partners through enhanced information sharing and coordination2 and 7#e7 while the ,united ,states and allied foreign governments have a role to play in the protection of subsea fiber-optic cables1 cable owners and other associated private sector stakeholders carry significant responsibility in safeguarding subsea cables4 #ajc4 ,enhancing ,united ,states ,government engagement at the ,international ,cable ,protection ,committee to safeguard ,united ,states interests 7a7 ,in general ,the ,secretary of ,state1 in coordination with the interagency committee1 shall seek to increase ,united ,states ,government engagement in the ,international ,cable ,protection ,committee 7,,icpc7 to advance ,united ,states national security and economic interests4 7b7 ,report ,not later than one year after the date of the enactment of this ,act1 and annually thereafter for #e years1 the ,secretary of ,state shall submit a report to the appropriate congressional committees that includes the following3 7#a7 ,a description of how increased the ,united ,states ,government engagement within the ,,icpc could support ,united ,states national security objectives as it relates to the protection of subsea fiber-optic cables4 7#b7 ,a description of key objectives for promoting and protecting ,united ,states national security interests within the ,,icpc4 7#c7 ,a description of how ,people's ,republic of ,china entities leverage their engagement within the ,,icpc to further their strategic interests4 7#d7 ,a description of how encouraging other countries and regional bodies to join the ,,icpc can better ensure coordinated1 consistent global subsea fiber-optic cable policies4 #ajd4 ,imposition of sanctions with respect to damage to subsea fiber-optic cables 7a7 ,in general ,the ,president1 in coordination with the ,secretary of ,state and the ,secretary of the ,treasury1 shall impose sanctions described in subsection 7c7 with respect to any foreign person that the ,president determines1 on or after the date of the enactment of this ,act1 is responsible for or complicit in damaging subsea fiber-optic cables in a manner that undermines the national security interests of the ,united ,states4 7b7 ,report required ,not later than #ae days after imposing sanctions with respect to a foreign person under subsection 7a71 the ,president shall submit to the appropriate congressional committees1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and the ,committee on ,financial ,services of the ,house of ,representatives1 a report that includes a detailed justification for the imposition of the sanctions4 7c7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,blocking of property ,the ,president shall exercise all of the powers granted by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person described in subsection 7a71 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,ineligibility for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,an alien described in subsection 7a7 shall be-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,the visa or other entry documentation of an alien described in subsection 7a7 shall be revoked1 regardless of when such visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 automatically cancel any other valid visa or entry documentation that is in the possession of the alien4 7d7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7e7 ,exceptions 7#a7 ,exception to comply with united nations headquarters agreement and law enforcement activities ,sanctions under this section shall not apply with respect to the admission or parole of an alien to the ,united ,states if admitting or paroling the alien is necessary-- 7,a7 to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations of the ,united ,states2 or 7,b7 to carry out or assist authorized law enforcement activity in the ,united ,states4 7#b7 ,exception to comply with intelligence activities ,sanctions under this section shall not apply to any activity subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any authorized intelligence activities of the ,united ,states4 7#c7 ,exception relating to importation of goods 7,a7 ,in general ,a requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or requirement to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7f7 ,definitions ,in this section3 7#a7 ,admission2 admitted2 alien ,the terms admission1 admitted1 and alien have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,foreign person ,the term foreign person means an individual or entity that is not a ,united ,states person4 7#c7 ,united states person ,the term ,united ,states person means-- 7,a7 any ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including any foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 #aje4 ,report on subsea fiber-optic cable activities by the ,people's ,republic of ,china and the ,russian ,federation 7a7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for #e years1 the ,secretary of ,state1 in coordination with the heads of other relevant ,federal agencies1 shall submit a report to the appropriate congressional committees that includes the following3 7#a7 ,a description1 with respect to the applicable reporting period1 of ,people's ,republic of ,china and ,russian subsea fiber-optic cable manufacturing1 installation1 and maintenance capabilities4 7#b7 ,a description of any ongoing ,people's ,republic of ,china and ,russian efforts to produce vessels capable of severing or damaging subsea fiber-optic cables at sea depths of #d1jjj meters or greater4 7#c7 ,a list of instances during the previous calendar year in which the ,united ,states1 or allies and partners of the ,united ,states1 documented anomalous behavior from vessels1 either flagged1 crewed1 or operated by the ,people's ,republic of ,china or ,russia1 around subsea fiber-optic cable networks1 including-- 7,a7 any official ,united ,states ,government response to counter the anomalous behavior2 and 7,b7 any coordinated diplomatic action with allies and partners4 7b7 ,classification ,the report required under subsection 7a7 shall be submitted in unclassified form but may include a classified annex4 #ajf4 ,engaging foreign partners to strengthen subsea fiber-optic cable security 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 as international subsea fiber-optic cable networks expand1 there are increasing challenges to the proper maintenance1 repair1 and protection of international subsea fiber-optic cables that have the potential to undermine ,united ,states and foreign partner national security interests2 7#b7 the ,united ,states is uniquely positioned to provide technical1 material1 and other forms of support to international partners to enhance the resilience of international subsea fiber-optic cables2 and 7#c7 the ,united ,states ,government should enhance its diplomatic efforts to work with foreign governments to improve efforts to quickly and effectively maintain1 repair1 and protect international subsea fiber-optic cables4 7b7 ,commitment of personnel and resources ,the ,secretary of ,state shall devote sufficient personnel and resources towards engaging with foreign countries to improve security and reduce barriers to the maintenance and repair of subsea fiber-optic cables4 7c7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for the next #e years1 the ,secretary of ,state shall submit to the appropriate congressional committees a report that outlines efforts by the ,united ,states ,government in the prior calendar year to work with international allies and partners to strengthen the security of and reduce barriers to the maintenance1 repair1 and protection of international subsea fiber-optic cable networks1 including-- 7#a7 a list of current foreign policies or laws that create barriers to ,united ,states-led efforts to maintain1 repair1 and protect international subsea fiber-optic cable networks2 and 7#b7 progress made in the previous calendar year as a result of ,united ,states engagement with allies and partners4 ,,ii ,department of ,state subsea fiber-optic expertise #bja4 ,expanding subsea fiber-optic cable expertise at the ,department of ,state 7a7 ,in general ,the ,secretary of ,state shall assign not fewer than two full-time equivalent individuals1 to be located in the ,bureau for ,cyberspace and ,digital ,policy1 in order to support the ,department of ,state's interagency engagement on matters related to subsea cables1 including-- 7#a7 protection and resilience2 7#b7 coordination with ,united ,states allies and partners2 and 7#c7 ,united ,states engagement in international bodies that cover subsea cables4 7b7 ,assignment ,the ,bureau for ,cyberspace and ,digital ,policy may not dual-hat currently employed personnel in meeting the minimum hiring requirement outlined in subsection 7a74 7c7 ,notification ,not later than #ae days after fulfilling the hiring requirement in subsection 7a71 the ,secretary of ,state shall notify the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7d7 ,international cooperation on subsea cables ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on how the ,united ,states ,government plans to prioritize diplomatic engagement within relevant international bodies to spur increased information-sharing between allied and partner governments and relevant private sector companies on subsea fiber-optic cables4 ,,iii ,subsea fiber-optic cable coordination1 construction1 and repair #cja4 ,improving ,united ,states ,government coordination of subsea fiber-optic cables 7a7 ,findings ,congress makes the following findings3 7#a7 ,according to a ,december #bjbd ,department of ,homeland ,security white paper1 ,there currently exists no forum in which the full scope of the subsea cable industry can effectively collaborate with the ,u4,s4 government to identify and address shared challenges44 7#b7 ,united ,states ,federal ,government responsibilities for the protection of subsea fiber-optic cables1 damage reporting1 information and intelligence sharing1 and emergency response are overseen by various government actors through a multitude of mechanisms spanning several ,federal departments and agencies4 7#c7 ,in order for the subsea fiber-optic cable industry to align with ,united ,states economic and security interests1 the ,united ,states ,government must provide the industry a clearer concept of operations1 assessed risks to cable supply chain and infrastructure1 and defined lines of effort in cases of emergency4 7b7 ,establishment ,not later than one year after the date of the enactment of this ,act1 the ,president shall establish an interagency committee 7referred to in this ,act as the interagency committee7 comprised of the heads of the appropriate ,federal agencies1 to lead ,united ,states ,government efforts to-- 7#a7 protect and improve the resilience of subsea fiber-optic cable networks2 7#b7 facilitate subsea fiber-optic cable permitting2 and 7#c7 address other matters related to subsea fiber-optic cables deemed appropriate and necessary by the ,president4 7c7 ,coordination ,the ,president shall direct the interagency committee to conduct an overview of the ,united ,states ,federal ,government's operational authorities for subsea fiber-optic cable security and resilience4 ,the overview shall include-- 7#a7 an interagency concept of operations for partnering with non-,federal entities1 including subsea fiber-optic cable owners and operators1 to secure and repair subsea fiber-optic cable systems in a variety of crisis scenarios2 and 7#b7 an interagency review and action plan to streamline subsea fiber-optic cable permitting processes in order to promote ,united ,states international leadership in cable connectivity and deployments and risk-based prioritization and standardization of additional security and resilience assessments4 7d7 ,analysis of subsea fiber-,optic cable cuts and outages 7#a7 ,in general ,the ,president shall direct the heads of the relevant ,federal agencies to develop strategies to coordinate closely within the interagency process and with subsea fiber-optic cable industry stakeholders to review subsea fiber-optic cable cuts and outages1 including by leveraging analysis from industry-wide data1 to-- 7,a7 identify trends2 7,b7 refine attributions1 particularly in cases where subsea fiber-optic cables have been intentionally damaged by malicious actors2 7,c7 identify high-risk geographic areas for subsea fiber-optic cable construction2 and 7,d7 inform future risk mitigation efforts to reduce damage to subsea fiber-optic cable systems4 7#b7 ,strategy elements ,the strategies required under paragraph 7#a7 shall include-- 7,a7 resourcing requirements2 7,b7 coordination with ,united ,states allies and partners2 and 7,c7 the necessary technical expertise to make attributions for intentional subsea fiber-optic cable cuts by malicious actors4 7e7 ,report ,not later than #cj days after establishing the required interagency committee under subsection 7b71 the ,president shall submit to ,congress a report that includes the following elements3 7#a7 ,any resources required to sufficiently staff the interagency committee and ,united ,states ,federal agencies overseeing the objectives outlined in subsection 7b74 7#b7 ,a detailed plan for how the interagency committee will advance the objectives outlined in subsection 7b74 #cjb4 ,strengthening information sharing between ,united ,states ,government and private sector actors on subsea fiber-optic cables 7a7 ,public-,private sector information sharing ,consistent with the necessary protections of classified information1 the sourcing of relevant intelligence material1 and privacy and civil liberties1 all appropriate agencies shall1 with the approval of the interagency committee1 issue procedures to establish and promote-- 7#a7 the timely sharing of classified subsea fiber-optic cable threats and any indications of potential threats held by members of the interagency committee with non-,federal entities that possess the necessary security clearances2 7#b7 the timely sharing between the interagency committee and non-,federal entities of subsea fiber-optic cable threats1 information relating to indications of potential threats1 or authorized uses under this ,act1 in the possession of the interagency committee that may be declassified and shared at an unclassified level2 7#c7 the timely sharing between the interagency committee and non-,federal entities of unclassified1 including controlled unclassified1 subsea fiber-optic cable threats and indications of potential threats held by members of the interagency committee or non-,federal entities2 and 7#d7 the timely sharing between the interagency committee and non-,federal entities1 when and if appropriate1 of information relating to indications of potential subsea fiber-optic cable threats or authorized uses under this title1 held by the interagency committee or non-,federal entities about subsea fiber-optic cable threats1 in order to prevent breaches to the security1 integrity1 or efficacy of the subsea fiber-optic cable network and to mitigate any other potential adverse effects from such subsea fiber-optic cable threats4 7b7 ,development of procedures ,the procedures developed under subsection 7b7 shall-- 7#a7 ensure the interagency committee has and maintains the capacity to identify and inform subsea fiber-optic cable threats and indications of potential subsea fiber-optic cable threats in real time to the appropriate ,federal agencies or non-,federal entities consistent with the protection of classified information2 7#b7 incorporate1 whenever possible1 existing processes1 roles1 and responsibilities of members of the interagency committee and non-,federal entities for information sharing1 including subsea fiber-optic cable-specific information sharing and analysis entities2 and 7#c7 require members of the interagency committee and other appropriate ,federal agencies which are sharing subsea fiber-optic cable threat indicators or defensive measures to employ any applicable security controls to defend against unauthorized access to or acquisition of such information4 7c7 ,submittal to ,congress ,not later than #fj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in consultation with the members of the interagency committee1 shall submit to ,congress the procedures required under subsection 7b74