HouseH.R. 10695119th Congress
United States Submarine Cable Security Policy Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10695 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10695
To provide for certain requirements with respect to the landing and
operation of submarine cables in the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 1, 2026
Mr. Pfluger (for himself and Mr. Menendez) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide for certain requirements with respect to the landing and
operation of submarine cables in the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Submarine Cable
Security Policy Act of 2026''.
SEC. 2. SUBMARINE CABLE SECURITY AND LICENSING.
(a) Establishment of Security Policies and Measures.--
(1) United states submarine cable security policy.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Committee shall,
in consultation with the Assistant Secretary of
Commerce for Communications and Information, and after
seeking and considering input from interested parties,
establish and submit to the Commission a general,
forward-looking policy, to be known as the United
States Submarine Cable Security Policy, that identifies
and seeks to address potential security concerns
relating to--
(i) the provision of a license to land or
operate a submarine cable directly connecting
the United States and a foreign nation;
(ii) the provision of a license to land or
operate a submarine cable directly connecting
the United States and a covered nation (as
defined in section 4872(f)(2) of title 10,
United States Code); and
(iii) arrangements regarding the
construction of submarine cables in consortium,
partnership, or cooperation with entities that
produce or provide communications equipment or
services on the list published under section 2
of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1601).
(B) Recommended security measures.--The Committee,
taking into consideration the requirements described in
paragraphs (2) and (3), shall include in the United
States Submarine Cable Security Policy a recommended
suite of standard security measures and a recommended
suite of enhanced security measures with respect to the
landing and operation of submarine cables. The
Commission shall consider such recommended measures in
promulgating the rules required by such paragraphs.
(2) Adoption of standard security measures.--Not later than
180 days after the date on which the United States Submarine
Cable Security Policy is submitted to the Commission, the
Commission shall promulgate rules to adopt a suite of standard
security measures with respect to the landing and operation of
submarine cables, with which the Commission shall (except in
circumstances described in paragraph (3)) require compliance as
a condition of a license issued by the Commission to land or
operate such a cable, that--
(A) address physical security and supply chain
security;
(B) require, or incorporate appropriate elements of
the rules of the Commission with respect to, the
implementation of a cybersecurity and physical security
risk management plan by a person who holds such a
license; and
(C) address entities that produce or provide
communications equipment or services on the list
published under section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601).
(3) Adoption of enhanced security measures.--In
promulgating the rules required by paragraph (2), the
Commission shall also adopt a suite of enhanced security
measures, with which the Commission shall require compliance as
a condition of a license issued by the Commission to land or
operate a submarine cable in circumstances in which the
issuance of such license may pose a risk to national security
interests of the United States that is not addressed by the
standard security measures adopted under such paragraph.
(4) Prohibition on certain license conditions.--In issuing
a license to land or operate a submarine cable, the Commission
may not place on such license a condition, with respect to any
matter that is the subject of a security measure adopted under
paragraph (2) or (3), that--
(A) requires the applicant to enter into a security
or similar agreement with the Committee or comply with
any such agreement; or
(B) requires prior notice to and approval or non-
objection of the Committee.
(b) Additional Rules.--Not later than 180 days after the date on
which the United States Submarine Cable Security Policy is submitted to
the Commission, the Commission shall--
(1) in coordination with the Committee, promulgate rules
regarding referral to and consideration by the Committee, for
review of risks to national security interests of the United
States, of an application for a license to land or operate a
submarine cable with respect to which the applicant seeks to
overcome a foreign adversary presumptive disqualifying
condition or foreign adversary cable landing presumptive
disqualifying condition in the rules of the Commission;
(2) promulgate rules that permit an applicant for a license
to land or operate a submarine cable to self-certify--
(A) if the Commission has issued such a license to
such applicant (or to an affiliate of such applicant
that is wholly owned by the same person as such
applicant) in the 48-month period preceding the date on
which the relevant application is submitted, that there
have been no material, non-pro forma changes to the
ownership structure of such applicant since the
issuance of the previous license;
(B) that such submarine cable is at least 40-
percent owned by entities that would meet the criteria
for self-certification under subparagraph (A) if such
entities were applying for such license; or
(C) that such applicant meets such other ownership
criteria as the Commission may establish as a basis for
excluding an application from referral to the Committee
under subsection (c)(2) of section 7 of the Cable
Landing License Act, as added by this Act; and
(3) promulgate rules that--
(A) permit an applicant for a license to land or
operate a submarine cable to self-certify whether the
standard security measures adopted under subsection
(a)(2) or the enhanced security measures adopted under
subsection (a)(3) are applicable to the landing or
operation of such cable; and
(B) in the case of a person who holds a license to
land or operate a submarine cable issued before the
effective date of such rules that is conditioned on
compliance with a security or similar agreement with
the Committee, permit such licensee to petition the
Commission to opt in to either the standard security
measures adopted under subsection (a)(2) or the
enhanced security measures adopted under subsection
(a)(3) as a condition of such license, in place of
compliance with such agreement, if the category of
security measures proposed by such person would be
applicable to the landing or operation of such cable on
the date on which such petition is filed.
(c) Amendments to Cable Landing License Act.--
(1) In general.--The Cable Landing License Act is amended--
(A) in the first section--
(i) by inserting ``in accordance with
section 7'' after ``has been issued'';
(ii) by striking ``the President of the
United States'' and inserting ``the
Commission''; and
(iii) by striking ``That any such cable''
and all that follows through ``That the
conditions'' and inserting ``That the
conditions'';
(B) in section 2--
(i) by striking ``the President'' and
inserting ``the Commission''; and
(ii) by striking ``he'' and inserting ``the
Commission'';
(C) in section 3, by striking ``the President'' and
inserting ``the Commission''; and
(D) by adding at the end the following:
``SEC. 7. APPLICATION FOR AND ISSUANCE OF LICENSE TO LAND OR OPERATE
SUBMARINE CABLE.
``(a) Application.--A person seeking a license to land or operate a
submarine cable shall submit to the Commission an application for such
license.
``(b) Streamlined Consideration.--
``(1) Notice of acceptance for filing.--
``(A) In general.--Not later than 20 days after the
date on which an application is submitted under
subsection (a) or amended under subparagraph (B), the
Commission shall transmit to the applicant a notice
that informs such applicant of--
``(i) whether or not such application is
accepted for filing; and
``(ii) if such application is not accepted
for filing, the basis for, and how such
applicant may cure, the nonacceptance.
``(B) Opportunity to amend.--If a notice
transmitted under subparagraph (A) with respect to an
application informs the applicant that such application
is not accepted for filing, such applicant may, not
later than 10 days after receiving such notice, amend
such application to cure the nonacceptance.
``(C) Deemed acceptance.--If the Commission does
not transmit a notice as required by subparagraph (A)
with respect to an application during the period
required by such subparagraph, such application shall
be deemed to be accepted for filing on the day after
the last day of such period.
``(2) Approval or denial.--
``(A) In general.--The Commission shall approve or
deny an application submitted under subsection (a)--
``(i) except as provided in clause (ii),
not later than 45 days after the date on which
the Commission transmits to the applicant a
notice under paragraph (1)(A) informing such
applicant that such application is accepted for
filing, or not later than 45 days after the
date on which such application is deemed to be
accepted for filing under paragraph (1)(C), as
the case may be; or
``(ii) if the Commission refers such
application to the Committee for review in
accordance with subsection (c), not later than
1 year after the date on which the Commission
transmits to the applicant a notice under
paragraph (1)(A) informing such applicant that
such application is accepted for filing, or not
later than 1 year after the date on which such
application is deemed to be accepted for filing
under paragraph (1)(C), as the case may be.
``(B) Deemed approval.--
``(i) In general.--If the Commission does
not approve or deny an application submitted
under subsection (a) during the period required
by subparagraph (A), such application shall be
deemed to be approved on the day after the last
day of such period.
``(ii) Compliance with security measures.--
Compliance with the standard security measures
adopted under paragraph (2) of section 2(a) of
the United States Submarine Cable Security
Policy Act of 2026 or the enhanced security
measures adopted under paragraph (3) of such
section, as applicable, shall be a condition of
a license to land or operate a submarine cable
that is issued as a result of an application
being deemed approved under this subparagraph.
``(c) Referral of Application to Committee.--The Commission may
refer an application submitted under subsection (a) to the Committee
for review only if--
``(1) the applicant seeks to overcome a foreign adversary
presumptive disqualifying condition or foreign adversary cable
landing presumptive disqualifying condition in the rules of the
Commission; or
``(2) the applicant is unable to make both--
``(A) the self-certification described in paragraph
(2) of section 2(b) of the United States Submarine
Cable Security Policy Act of 2026 under the rules
promulgated under such paragraph; and
``(B) the self-certification described in paragraph
(3)(A) of such section under the rules promulgated
under such paragraph.
``(d) Limitation on Additional Security Measures.--The Commission
may not, as a condition of a license to land or operate a submarine
cable, require compliance with any security measures other than the
standard security measures adopted under paragraph (2) of section 2(a)
of the United States Submarine Cable Security Policy Act of 2026 or the
enhanced security measures adopted under paragraph (3) of such section,
unless the Committee submits to the Commission a petition that is found
by the Commission to demonstrate that the issuance of such license
without such additional security measures would pose a risk to national
security interests of the United States that is not addressed by such
standard security measures or enhanced security measures.
``(e) Compliance With Security Measures.--
``(1) In general.--A person who holds a license to land or
operate a submarine cable shall comply with--
``(A) the standard security measures adopted under
paragraph (2) of section 2(a) of the United States
Submarine Cable Security Policy Act of 2026 or the
enhanced security measures adopted under paragraph (3)
of such section, as applicable to such license; and
``(B) any additional security measures on which
such license is conditioned in accordance with
subsection (d).
``(2) Violations.--The Commission shall enforce paragraph
(1) as if such paragraph is a part of the Communications Act of
1934 (47 U.S.C. 151 et seq.). A violation of such paragraph
shall be considered to be a violation of the Communications Act
of 1934.
``(f) Authority to Land Pending Action on Application.--
``(1) In general.--Except as provided in paragraph (2) of
this subsection, in the case of an applicant for a license to
land or operate a submarine cable that has made the self-
certification described in paragraph (2) of section 2(b) of the
United States Submarine Cable Security Policy Act of 2026 under
the rules promulgated under such paragraph and whose
application is not subject to a foreign adversary cable landing
presumptive disqualifying condition in the rules of the
Commission, such applicant may land such cable subject to such
pending application after the date that is 20 days after the
date on which such applicant submits to the Commission and the
Committee, in such manner as the Commission may by rule
prescribe, a notification of the intent to land such cable
under this paragraph.
``(2) Objection by committee.--
``(A) Landing prohibited.--
``(i) In general.--An applicant for a
license to land or operate a submarine cable
may not land such cable under paragraph (1) if,
during the 20-day period that begins on the
date on which such applicant submits to the
Commission and the Committee the notification
described in such paragraph--
``(I) the Committee objects to the
landing of such cable and informs the
Commission and such applicant of such
objection and the basis for such
objection; and
``(II) the Commission concurs with
such objection and informs the
Committee and such applicant of such
concurrence and the basis for such
concurrence.
``(ii) Deemed concurrence.--If, during the
20-day period described in clause (i), the
Commission does not concur with the objection
of the Committee and inform the Committee and
the applicant under subclause (II) of such
clause, or notify the Committee and such
applicant of the nonconcurrence of the
Commission with such objection and the basis
for such nonconcurrence, the Commission shall
be deemed to have concurred with such objection
on the last day of such period.
``(B) Request to withdraw concurrence.--If an
applicant submits to the Commission a request for the
Commission to withdraw the concurrence of the
Commission under subparagraph (A) to an objection of
the Committee to the landing of a submarine cable under
paragraph (1) by such applicant, and if the Commission
finds that the submission of such applicant addresses
the basis for such objection, the Commission may
withdraw such concurrence and such applicant may land
such cable under paragraph (1).
``(3) Limitation.--This subsection does not authorize an
applicant for a license to land or operate a submarine cable to
operate such cable until such time as such license is issued by
the Commission, except that such applicant may operate such
cable to the extent necessary to construct and test such cable.
``(4) Rule of construction.--Nothing in this subsection may
be construed to preclude an applicant for a license to land or
operate a submarine cable from requesting from the Commission
special temporary authority with respect to such cable, in
accordance with the rules of the Commission.
``SEC. 8. DEFINITIONS.
``In this Act:
``(1) Commission.--The term `Commission' means the Federal
Communications Commission.
``(2) Committee.--The term `Committee' means the Committee
for the Assessment of Foreign Participation in the United
States Telecommunications Services Sector established by
Executive Order 13913 (85 Fed. Reg. 19643) (or any successor to
such Committee).''.
(2) Promulgation of rules.--Not later than 180 days after
the date on which the United States Submarine Cable Security
Policy is submitted to the Commission, the Commission shall
promulgate rules to implement the amendments made by this
subsection.
(d) Definitions.--In this section:
(1) Cable landing license act.--The term ``Cable Landing
License Act'' means the Act entitled ``An Act relating to the
landing and operation of submarine cables in the United
States'', approved May 27, 1921 (47 U.S.C. 34 et seq.; 42 Stat.
8).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Committee.--The term ``Committee'' means the Committee
for the Assessment of Foreign Participation in the United
States Telecommunications Services Sector established by
Executive Order 13913 (85 Fed. Reg. 19643) (or any successor to
such Committee).
(e) Applicability.--This section and the amendments made by this
section shall apply with respect to an application for a license to
land or operate a submarine cable under the Cable Landing License Act
that is pending with the Commission on, or submitted to the Commission
on or after, the first date on which all of the rules required to be
promulgated by this section have taken effect, except that subsections
(b)(1)(C) and (b)(2)(B) of section 7 of the Cable Landing License Act,
as added by this Act, shall not apply with respect to an application
that was submitted to the Commission before such date.
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