S.Amdt. 3683Senate119th Congress (2025-2027)
S.Amdt. 3683
Sponsored by
Sen. Jeanne Shaheen (D-NH)
Submitted August 2, 2025
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Senate amendment submitted
August 2, 2025
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Submitted
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. ______