Undersea Cable Control Act
Officially: “Undersea Cable Control Act” Read the full text
What it does
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1Short title
This section would state that the Act may be cited as the "Undersea Cable Control Act."
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1. Short title This Act may be cited as the Undersea Cable Control Act .
2Strategy to eliminate the availability to foreign adversaries of items required for supporting undersea cables
This section would require the President, acting through the Secretary of Commerce and working with the Secretary of State, to develop a strategy for eliminating foreign adversaries' access to goods and technology needed to support undersea cables, consistent with the export control policy in section 1752 of the Export Control Reform Act of 2018 (50 U.S.C. 4811). The strategy would have to identify the items needed for the construction, maintenance, or operation of an undersea cable project; identify existing United States and multilateral export controls and licensing policies that apply to those items where foreign adversaries are concerned; identify United States allies and partners that hold a share of the global market for those items and describe in detail whether the items are available elsewhere without restriction, in sufficient quantity and comparable quality to items made in the United States; describe ongoing negotiations with other countries to reach unified export controls and licensing policies for those items so foreign adversaries cannot obtain them; to the extent practicable, identify entities under the control, ownership, or influence of a foreign adversary that support the construction, operation, or maintenance of undersea cables; describe efforts to promote United States leadership at international standards-setting bodies that cover equipment, systems, software, and virtually defined networks relevant to undersea cables, taking into account the different processes those bodies follow; and describe the presence and activities of foreign adversaries at those standards-setting bodies, including how the scope and scale of their engagement compares with engagement by the United States and its allies and partners, and the security risks raised by foreign adversary proposals at those bodies. Not later than 180 days after enactment, and then once a year for the next 3 years, the President would have to submit to the appropriate congressional committees (the House Committee on Foreign Affairs and the Senate Committee on Banking, Housing, and Urban Affairs) a report containing the strategy. Each report would have to be submitted in unclassified form, though it could include a classified annex, and would have to be posted on a publicly accessible federal government website. Not later than 1 year after enactment, the President would have to seek to establish bilateral or multilateral agreements with the allies and partners identified as having a share of the global market for those items, aimed at eliminating foreign adversaries' access to the identified items, and to include penalty provisions for noncompliance in those agreements. The President would also have to brief the same congressional committees on the status of negotiations toward those agreements, starting not later than 30 days after Congress receives the strategy report and then every 180 days after that until each agreement is established. The Secretary of Commerce would have to evaluate the export, reexport, and in-country transfer of the identified items for appropriate controls under the Export Administration Regulations, including deciding for each item whether to add it to the Commerce Control List maintained under title 15 of the Code of Federal Regulations. In determining the level of control for each item, including any license or other authorization requirement for its export, reexport, or in-country transfer, the Secretary of Commerce, coordinating with the Secretary of Defense, the Secretary of State, and the heads of other federal agencies as appropriate, would have to take into account the item's potential end uses and end users. At a minimum, it would be United States policy to work with allies and partners to control the export, reexport, or in-country transfer of these technologies to, or within, any country subject to a United States embargo, including an arms embargo. Not later than 1 year after enactment, and then once a year for the next 3 years, the President, acting through the Secretary of Commerce, would have to submit to the same congressional committees an unclassified notification describing the items evaluated for controls and the rationale, including national security and foreign policy considerations, for adding or not adding each item to the Commerce Control List. The section defines "foreign adversary" using the meaning given that term in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)), and defines "item" using the meaning given that term in the Export Administration Regulations (15 C.F.R. 772.1).
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2. Strategy to eliminate the availability to foreign adversaries of items required for supporting undersea cables (a) In general The President, acting through the Secretary of Commerce and in coordination with the Secretary of State, shall develop a strategy to eliminate the availability to foreign adversaries of items required for supporting undersea cables consistent with United States policy described in section 1752 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 ). (b) Matters To be included The strategy required under subsection (a) shall include the following: (1) An identification of items required for supporting the construction, maintenance, or operation of an undersea cable project. (2) An identification of United States and multilateral export controls and licensing policies for items identified pursuant to paragraph (1) with respect to foreign adversaries. (3) An identification of United States allies and partners that have a share of the global market with respect to the items so identified, including a detailed description of the availability of such items without restriction in sufficient quantities and comparable in quality to those produced in the United States. (4) A description of ongoing negotiations with other countries to achieve unified export controls and licensing policies for items so identified to eliminate availability to foreign adversaries. (5) To the extent practicable, an identification of all identified entities under the control, ownership, or influence of a foreign adversary that support the construction, operation, or maintenance of undersea cables. (6) A description of efforts taken to promote United States leadership at international standards-setting bodies for equipment, systems, software, and virtually defined networks relevant to undersea cables, taking into account the different processes followed by such bodies. (7) A description of the presence and activities of foreign adversaries at international standards-setting bodies relevant to undersea cables, including information on the differences in the scope and scale of the engagement of foreign adversaries at such bodies compared to engagement at such bodies by the United States and its allies and partners, and the security risks raised by the proposals of foreign adversaries at such bodies. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report that contains the strategy required under subsection (a). (2) Form Each report required under this subsection shall— (A) be submitted in unclassified form, but may contain a classified annex; and (B) be made available on a publicly accessible Federal Government website. (d) Agreement (1) In general Not later than 1 year after the date of the enactment of this Act, the President shall seek to— (A) establish bilateral or multilateral agreements with allies and partners identified pursuant to subsection (b)(3) to seek to eliminate the availability to foreign adversaries of items identified pursuant to subsection (b)(1); and (B) include in such agreements penalty provisions for noncompliance. (2) Briefings The President shall brief the congressional committees specified in subsection (c)(1) on negotiations to establish agreements described in paragraph (1) beginning not later than 30 days after receipt of the report required under subsection (a) and every 180 days thereafter until each such agreement is established. (e) Actions (1) In general The Secretary of Commerce shall evaluate the export, reexport, and in-country transfer of the items identified pursuant to subsection (b)(1) for appropriate controls under the Export Administration Regulations, including by evaluating, for each item so identified, whether to add the technology to the Commerce Control List maintained under title 15, Code of Federal Regulations. (2) Levels of control (A) In general In determining the level of control appropriate for items identified pursuant to subsection (b)(1), including requirements for a license or other authorization for the export, reexport, or in-country transfer of any such technology, the Secretary of Commerce (in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate) shall take into account the potential end uses and end users of the item. (B) Statement of policy At a minimum, it is the policy of the United States to work with its allies and partners to control the export, reexport, or in-country transfer of technologies identified pursuant to subsection (b)(1) to or in a country subject to an embargo, including an arms embargo, imposed by the United States. (3) Notification Not later than 1 year after the date of enactment of this Act, and annually thereafter for 3 years, the President, acting through the Secretary of Commerce, shall submit to the appropriate congressional committees an unclassified notification describing the results of actions taken pursuant to this subsection in the preceding period, including a description of— (A) the individual items evaluated for controls; and (B) the rationale, including United States national security and foreign policy considerations, for adding or not adding an item to the Commerce Control List maintained under title 15, Code of Federal Regulations, pursuant to the evaluation under paragraph (1) with respect to such item. (f) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Foreign adversary The term foreign adversary has the meaning given such term in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c) ). (3) Item The term item has the meaning given such term in the Export Administration Regulations (15 C.F.R. 772.1).
Where it is
In the House.