Undersea Cable Control Act
Floor Speech
BREAK IN TRANSCRIPT
Mr. BAUMGARTNER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2503) to require the development of a strategy to eliminate the availability to foreign adversaries of goods and technologies capable of supporting undersea cables, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 2503
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 ``Undersea Cable Control Act''. SEC. 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).
Mr. Speaker, I rise today in support of Representative Kean's Undersea Cable Control Act.
Over 99 percent of the world's data that crosses the oceans travels through the fiber-optic cables that sit on the sea floor. This bill requires the U.S. to develop and execute a strategy to protect this critical infrastructure.
America's adversaries are working around the clock to control these communication chokepoints. Chinese companies like HMN Technologies, formerly known as Huawei Marine Networks, are estimated to be building or repairing about a quarter of the world's undersea cables. There have been documented instances of the Chinese manipulating and spying on these networks, with internet traffic being rerouted through China.
Mr. Speaker, it is important that we identify what the Chinese Communist Party needs to deploy undersea cables so that we can ensure only America and its allies lead in the development and maintenance of this technology.
I urge my colleagues to support Representative Kean's fine bill to begin this process of protecting this critical and vulnerable infrastructure.
BREAK IN TRANSCRIPT
Mr. BAUMGARTNER. Mr. Speaker, the Undersea Cable Control Act will ensure America, not the Chinese Communist Party, is connecting the globe with critical undersea cable infrastructure.
Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.
BREAK IN TRANSCRIPT
Source