Today, the U.S. House of Representatives passed H.R. 261, the Undersea Cable Protection Act, introduced by U.S. Rep. Buddy Carter (R-Ga.). The bill eliminates a duplicative permitting requirement for undersea cables installed and routed through National Marine Sanctuaries, allowing these projects to proceed once all other federal and state permits are secured.

"Undersea cables carry our global internet traffic and digital communications, serving as a critical piece of infrastructure that keeps us connected to the world. Because of burdensome federal regulations that impose undue burdens on projects, we haven’t laid new cables in marine sanctuaries in more than 20 years. Rep. Carter’s bill helps cut red tape, ensuring the United States can meet future technological demands." - House Committee on Natural Resources Chairman Bruce Westerman (R-Ark.)

"By passing this bill, we are advancing President Trump’s mandate to strengthen national security and cut burdensome red tape. Streamlining and improving the permitting processes behind our submarine cable infrastructure will help advance global connectivity and speed up deployment and maintenance, ensuring our cables are not subject to attacks from hostile foreign nations such as China." - U.S. Rep. Buddy Carter (R-Ga.)

Background

Undersea cables connect every continent except Antarctica, carry approximately 95% of global internet traffic, and help transmit trillions of dollars in financial transactions every day. The process for siting, installing and approving undersea cables involves numerous agencies at the federal, state, and local levels. 

Under the National Marine Sanctuary Act, certain project categories are required to obtain a 5-year Special Use Permit (SUP). This requirement has applied to undersea cables for more than two decades. However, during that timeframe, no new cables were permitted within National Marine Sanctuaries, largely due to this duplicative requirement. 

The SUPs have made National Marine Sanctuaries no-go zones for undersea cables, reducing route diversity and consolidating cable landing zones. This raises the national security risk of foreign adversaries, like China, more easily cutting off the infrastructure that supports our communications, internet activity and financial transactions. 

H.R. 261 eliminates the need for a SUP; however, it does not change any requirement for projects to comply with the National Environmental Policy Act, the Coastal Zone Management Act, the Endangered Species Act and the Marine Mammal Protection Act, among other statutes.

This bill helps advance the goals of President Trump’s Executive Order 14267, “Reducing Anti-Competitive Regulatory Barriers.”

Read the full text of the legislation here.