[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1189 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  1st Session
                                H. R. 1189


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2023

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
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.

    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 GOODS AND TECHNOLOGIES CAPABLE OF SUPPORTING UNDERSEA 
              CABLES.

    (a) In General.--The President, acting through the Secretary of 
State and in consultation with the Secretary of Commerce, shall develop 
a strategy to eliminate the availability to foreign adversaries of 
goods and technologies capable of 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 goods and technologies capable of 
        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 goods and 
        technologies 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 
        goods and technologies so identified, including a detailed 
        description of the availability of such goods and technologies 
        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 goods and technologies so identified to eliminate 
        availability to foreign adversaries.
            (5) An identification of all 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 90 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 plurilateral agreements 
                with allies and partners identified pursuant to 
                subsection (b)(3) to seek to eliminate the availability 
                to foreign adversaries of goods and technologies 
                identified pursuant to subsection (b)(1); and
                    (B) include in such agreements penalty provisions 
                for non-compliance.
            (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 the date of the enactment of this Act 
        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 
        technologies identified pursuant to subsection (b)(1) for 
        appropriate controls under the Export Administration 
        Regulations, including by evaluating, for each technology 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 technologies 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 technology.
                    (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;
                    (B) the rationale, including foreign availability 
                and economic impact assessments, 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; and
                    (C) reviews by the End-User Review Committee 
                specified in Supplement No. 9 to part 748 of title 15, 
                Code of Federal Regulations, with respect to the use of 
                items identified pursuant to subsection (b)(1) by 
                entities under the influence, control, or ownership of 
                a foreign adversary.
    (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 Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate.
            (2) Foreign adversary.--The term ``foreign adversary''--
                    (A) 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)); and
                    (B) includes the People's Republic of China.

            Passed the House of Representatives March 27, 2023.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.