Sec. 2. Submarine cable licensing
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The Act of May 27, 1921 (Chapter 12; 42 Stat. 8; 47 U.S.C. 34 et seq. ), is amended— in the first section— by striking President of the United States and inserting Federal Communications Commission ; and 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, in section 2— 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 by striking or may and inserting and the Commission may ; in section 3, by striking President and inserting Federal Communications Commission ; and by adding at the end the following:
No license may be issued under this Act for a submarine cable directly connecting the United States with— an area controlled (as determined by the Secretary of State) by a foreign adversary of the United States; or 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) ). 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).
A license for a submarine cable under this Act shall be issued to an individual or entity subject to the following conditions: 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.
Such individual or entity shall follow the minimum physical security and cybersecurity standards established under subsection (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.
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. 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. In promulgating and reviewing the regulations promulgated under subsections
(b)and (c), the Federal Communications Commission shall consult with— the Attorney General; the Director of National Intelligence; the Secretary of Defense; the Secretary of Homeland Security; and any other Federal entity that the Commission determines appropriate. 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. 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. .
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