Undersea Cable Control Act

This Act may be cited as the Undersea Cable Control Act.

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).

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.

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).

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.

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.

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.

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.

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.

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.

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.

In this section:

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.

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)).

The term item has the meaning given such term in the Export Administration Regulations (15 CFR 772.1).