[Congressional Record Volume 171, Number 134 (Saturday, August 2, 2025)]
[Senate]
[Pages S5518-S5519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3683. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F--Strategic Subsea Cables Act of 2025
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the ``Strategic Subsea Cables
Act of 2025''.
SEC. 1272. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
PART I--SUBSEA FIBER-OPTIC CABLE COORDINATION, CONSTRUCTION, AND REPAIR
SEC. 1275. IMPROVING UNITED STATES GOVERNMENT COORDINATION OF
SUBSEA FIBER-OPTIC CABLES.
(a) Findings.--Congress makes the following findings:
(1) According to a December 2024 Department of Homeland
Security white paper, ``There currently exists no forum in
which the full scope of the [subsea] cable industry can
effectively collaborate with the U.S. government to identify
and address shared challenges.''.
(2) United States Federal Government responsibilities for
the protection of subsea fiber-optic cables, damage
reporting, information and intelligence sharing, and
emergency response are overseen by various government actors
through a multitude of mechanisms spanning several Federal
departments and agencies.
(3) In order for the subsea fiber-optic cable industry to
align with United States economic and security interests, the
United States Government must provide the industry a clearer
concept of operations, assessed risks to cable supply chain
and infrastructure, and defined lines of effort in cases of
emergency.
(b) Designation.--Not later than one year after the date of
the enactment of this Act, the President shall designate a
Federal agency, or designate or establish an interagency
committee, to lead United States Government efforts to--
(1) protect and improve the resilience of subsea fiber-
optic cable networks;
(2) oversee subsea fiber-optic cable permitting; and
(3) address other matters related to subsea fiber-optic
cables deemed appropriate and necessary by the President.
(c) Coordination.--The President shall direct the heads of
relevant Federal agencies to conduct an overview of the
United States Federal Government's operational authorities
for subsea fiber-optic cable security and resilience. Such an
overview shall include--
(1) an interagency concept of operations for partnering
with industry owners and operators to secure and repair
subsea fiber-optic cable systems in a variety of crisis
scenarios; and
(2) an interagency review and action plan to streamline
subsea fiber-optic cable permitting processes to promote
United States leadership in cable connectivity and
deployments and risk-based prioritization and standardization
of additional security and resilience assessments.
(d) Analysis of Subsea Fiber-optic Cable Cuts and
Outages.--
(1) In general.--The President shall direct the heads of
the relevant Federal agencies to develop strategies to
coordinate closely with Federal agencies and subsea fiber-
optic cable industry stakeholders to review subsea fiber-
optic cable cuts and outages and analyze industry-wide data
on outages to--
(A) identify trends;
(B) refine attributions, particularly in the cases where
subsea fiber-optic cables have been intentionally damaged by
malicious actors;
(C) identify high-risk geographic areas for subsea fiber-
optic cable construction; and
(D) inform future risk mitigation efforts to reduce damage
to subsea fiber-optic cable systems.
(2) Strategy elements.--The strategies required under
paragraph (1) shall include--
(A) resourcing requirements;
(B) coordination with United States allies and partners;
and
(C) the necessary technical expertise to make attributions
for intentional subsea fiber-optic cable cuts by malicious
actors.
(e) Report.--Not later than 30 days prior to making the
designation required under subsection (b), the President
shall submit to Congress a report that includes the following
elements:
(1) A justification for the designation made pursuant to
subsection (b).
(2) Any resources required to sufficiently staff the entity
overseeing the objectives outlined in subsection (b).
(3) A detailed plan for how the designated agency or
interagency committee will advance the objectives outlined in
subsection (b).
SEC. 1276. STRENGTHENING INFORMATION SHARING BETWEEN UNITED
STATES GOVERNMENT AND PRIVATE SECTOR ACTORS ON
SUBSEA FIBER-OPTIC CABLES.
(a) Definitions.--
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Appropriate federal agencies.--The term ``appropriate
Federal agencies'' means the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Homeland Security.
(D) The Office of the Director of National Intelligence.
(E) The Department of State.
(3) Non-federal entity.--The term ``non-Federal entity''
means any non-government entity that is an individual,
organization, or business involved in the operation,
maintenance, repair, or construction of subsea fiber-optic
cables, including subsea cable owners.
(4) Subsea fiber-optic cable threat.--The term ``subsea
fiber-optic cable threat'' means an action or likely future
action on or through a subsea cable network that may result
in an unauthorized effort to adversely impact the privacy,
efficacy, security, or integrity of a subsea fiber-optic
cable network.
(b) Public-private Sector Information Sharing.--Consistent
with the necessary protections of classified information, the
sourcing of relevant intelligence material, and privacy and
civil liberties, the Director of National Intelligence, the
Secretary of Homeland Security, the Secretary of Defense, and
the Secretary of State, in consultation with the heads of
other Federal agencies, as appropriate, shall jointly compose
and issue procedures to establish and promote--
(1) the timely sharing of classified subsea fiber-optic
cable threats and any indications of potential threats held
by the Federal Government with members of relevant Federal
agencies and non-Federal entities that possess the necessary
security clearances;
(2) the timely sharing with relevant Federal and non-
Federal entities of subsea fiber-optic cable threats,
information relating to indications of potential threats, or
authorized uses under this Act, in the possession of the
Federal Government that may be declassified and shared at an
unclassified level;
(3) the timely sharing with relevant Federal agencies and
non-Federal entities of unclassified, including controlled
unclassified, subsea fiber-optic cable threats and
indications of potential threats held by the Federal
Government; and
(4) the timely sharing with Federal and non-Federal
entities, when and if appropriate, of information relating to
indications of potential subsea fiber-optic cable threats or
authorized uses under this title, held by the Federal
Government about subsea fiber-optic cable threats to such
entities, in order to prevent breaches to the security,
integrity, or efficacy of the subsea fiber-optic cable
network and to mitigate any other potential adverse effects
from such subsea fiber-optic cable threats.
(c) Development of Procedures.--The procedures developed
under subsection (b) shall--
(1) ensure the Federal Government 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 any appropriate Federal agencies or
non-Federal entities consistent with the protection of
classified information;
(2) incorporate, whenever possible, existing processes,
roles, and responsibilities of Federal agency and non-Federal
entities for information sharing by the Federal Government,
including subsea fiber-optic cable-specific information
sharing and analysis entities; and
[[Page S5519]]
(3) require 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 information.
(d) Submittal to Congress.--Not later than 60 days after
the date of the enactment of this Act, the Director of
National Intelligence, in consultation with the heads of the
appropriate Federal agencies, shall submit to Congress the
procedures required under subsection (b).
SEC. 1277. ADJUSTMENT OF JONES ACT REQUIREMENTS FOR SUBSEA
FIBER-OPTIC CABLE INSTALLATION, MAINTENANCE,
AND REPAIR.
Chapter 121 of title 46, United States Code, is amended--
(1) in section 12103, by adding at the end the following
new subsection:
``(d) Nonapplicability.--The requirements of this section
shall not apply to any vessel that transports equipment
between ports or places in the United States to which the
coastwise laws apply, either directly or via a foreign port,
for the purposes of installing, maintaining, or repairing
subsea fiber-optic cable infrastructure.''; and
(2) in section 12112(a)--
(A) in paragraph (1), by inserting ``(except as provided in
subsection (d) of such section)'' before the semicolon; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or'' after the
semicolon;
(ii) in subparagraph (B)(iii), by striking ``; and'' and
inserting ``; or''; and
(iii) by adding at the end the following:
``(C) transports equipment between ports or places in the
United States to which the coastwise laws apply, either
directly or via a foreign port, for the purposes of
installing, repairing, or maintaining subsea fiber-optic
cable infrastructure; and''.
PART II-- INTERNATIONAL COORDINATION AND ENGAGEMENT ON SUBSEA CABLES
SEC. 1281. FINDINGS.
Congress makes the following findings:
(1) Following subsea fiber-optic cable cuts in the Baltic
Sea in December 2024, the North Atlantic Treaty Organization
(NATO) established the Critical Undersea Infrastructure
Network to conduct information and threat intelligence
sharing among private and public sector actors to protect
subsea cables.
(2) On February 21, 2025, 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 approach.
(3) The Association of Southeast Asian States (ASEAN)
published guidelines for Strengthening Resilience and Repair
of Submarine Cables and most recently announced plans to
``build a secure, diverse and resilient submarine cable
network'' and ``to facilitate the expeditious deployment,
repair, maintenance, removal, and protection of submarine
cables, between ASEAN Member States''.
(4) On July 1, 2025, the Quad, represented by the United
States, India, Japan, and Australia, met to reaffirm its
commitment to the Quad Partnership on Cable Connectivity and
Resilience. In the meeting, the Quad underscored the need for
digital infrastructure collaboration, organizing a subsea
cables forum to be hosted by the United States and India and
encouraging regulatory harmonization between Quad partners.
Through this initiative, the Quad seeks to defend and promote
resilient, secure, and transparent digital infrastructure
across the Indo-Pacific region.
SEC. 1282. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) subsea cables constitute the backbone of the global
internet and therefore should be treated as a global public
good;
(2) 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
protection, promote network resilience and redundancy, and
advance regulations in support of these goals;
(3) the United States Government should play a more active
role in the International Cable Protection Committee (ICPC)
in order to advance the United States national security and
economic interests;
(4) the United States should lead efforts to promote the
deployment of resilient subsea fiber-optic cable networks,
enhance situational awareness, strengthen preparedness, and
formalize collective responses among allies and partners
through enhanced information sharing and coordination; and
(5) while the United States and allied foreign governments
have a role to play in the protection of subsea fiber-optic
cables, cable owners and other associated private sector
stakeholders carry significant responsibility in safeguarding
subsea cables.
SEC. 1283. ENHANCING UNITED STATES GOVERNMENT ENGAGEMENT AT
THE INTERNATIONAL CABLE PROTECTION COMMITTEE TO
SAFEGUARD UNITED STATES INTERESTS.
(a) In General.--The Secretary of State, in coordination
with the heads of other relevant Federal agencies, shall seek
to increase United States Government engagement in the
International Cable Protection Committee (ICPC) to advance
United States national security and economic interests.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for 5 years,
the Secretary of State shall submit a report to the
appropriate congressional committees that includes the
following:
(1) 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 cables.
(2) A determination for the most appropriate United States
Government agency to represent United States interests within
the ICPC.
(3) A description of key objectives for promoting and
protecting United States national security interests within
the ICPC.
(4) A description of how People's Republic of China
entities leverage their engagement within the ICPC to further
their strategic interests.
(5) A description of how encouraging other countries and
regional bodies to join the ICPC can better ensure
coordinated, consistent global subsea fiber-optic cable
policies.
PART III--OTHER MATTERS
SEC. 1285. EXPANDING SUBSEA FIBER-OPTIC CABLE EXPERTISE AT
THE DEPARTMENT OF STATE.
(a) In General.--The Secretary of State shall assign not
fewer than two full-time equivalent individuals, to be
located in the Bureau for Cyberspace and Digital Policy, in
order to support the Department of State's interagency
engagement on matters related to subsea cables, including--
(1) protection and resilience;
(2) coordination with United States allies and partners;
and
(3) United States engagement in international bodies that
cover subsea cables.
(b) Assignment.--The Bureau for Cyberspace and Digital
Policy may not dual-hat currently employed personnel in
meeting the minimum hiring requirement outlined in subsection
(a).
(c) Notification.--Not later than 15 days after fulfilling
the hiring requirement in subsection (a), the Secretary of
State shall notify the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(d) International Cooperation on Subsea Cables.--Not later
than 90 days after the date of the enactment of this Act, 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 cables.
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