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.

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:

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).

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.

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.

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).

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.

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.

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).

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.

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.

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.

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.

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.