[House Report 118-239]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      118-239

======================================================================  
 
 TO DIRECT THE ASSISTANT SECRETARY OF COMMERCE FOR COMMUNICATIONS AND 
INFORMATION TO SUBMIT TO CONGRESS A REPORT CONTAINING AN ASSESSMENT OF 
    THE VALUE, COST, AND FEASIBILITY OF DEVELOPING A TRANS-ATLANTIC 
 SUBMARINE FIBER OPTIC CABLE CONNECTING THE CONTIGUOUS UNITED STATES, 
  THE UNITED STATES VIRGIN ISLANDS, GHANA, AND NIGERIA, AND FOR OTHER 
                                PURPOSES

                                _______
                                

October 2, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mrs. Rodgers of Washington, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3385]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3385) to direct the Assistant Secretary of 
Commerce for Communications and Information to submit to 
Congress a report containing an assessment of the value, cost, 
and feasibility of developing a trans-Atlantic submarine fiber 
optic cable connecting the contiguous United States, the United 
States Virgin Islands, Ghana, and Nigeria, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     3
Committee Action.................................................     3
Committee Votes..................................................     3
Oversight Findings and Recommendations...........................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     5
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Related Committee and Subcommittee Hearings......................     6
Committee Cost Estimate..........................................     6
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. ASSESSMENT OF TRANS-ATLANTIC SUBMARINE FIBER OPTIC CABLE.

  (a) Report.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary, in consultation with the heads of other 
Federal departments and agencies as necessary, shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing an assessment of the value, cost, and feasibility of 
a trans-Atlantic submarine fiber optic cable connecting the contiguous 
United States, the United States Virgin Islands, Ghana, and Nigeria, to 
enhance the national security of the United States.
  (b) Elements.--The report required by subsection (a) shall include an 
assessment of--
          (1) the digital security, national security, and economic 
        opportunities associated with a trans-Atlantic submarine fiber 
        optic cable described in subsection (a);
          (2) the lifespan of submarine fiber optic cables currently 
        connecting the United States Virgin Islands to the contiguous 
        United States;
          (3) the current security of telecommunications between the 
        contiguous United States and the United States Virgin Islands;
          (4) the readiness of telecommunications infrastructure in the 
        United States Virgin Islands to support a trans-Atlantic 
        submarine fiber optic cable described in subsection (a);
          (5) the potential for engagement with trusted entities in the 
        deployment of a trans-Atlantic submarine fiber optic cable 
        described in subsection (a), and the associated geopolitical 
        and economic advantages;
          (6) the potential connectivity opportunities to maximize 
        investments in the United States economy through the use of a 
        trans-Atlantic submarine fiber optic cable described in 
        subsection (a);
          (7) the value, cost, and feasibility of establishing a data 
        center and high-security cloud services facility, with 
        independent power generation, in the United States Virgin 
        Islands for communications of the United States Africa Command, 
        communications of the United States Special Operations Command, 
        and national security communications;
          (8) the state of submarine fiber optic cables connected to 
        United States telecommunications infrastructure; and
          (9) any other related matters the Secretary determines are 
        appropriate.
  (c) No Mandatory Data Collection.--The Secretary may not require any 
entity to provide data for purposes of preparing the report required by 
subsection (a).
  (d) Form.--The report required by subsection (a) shall be submitted 
in unclassified form without any designation relating to dissemination 
control, but may include a classified annex.
  (e) Definitions.--In this section:
          (1) Not trusted.--The term ``not trusted'' means, with 
        respect to an entity, that the entity is determined by the 
        Secretary to pose an unacceptable risk to the national security 
        of the United States, or the security and safety of United 
        States persons, based solely on one or more determination 
        described under paragraphs (1) through (4) of section 2(c) of 
        the Secure and Trusted Communications Networks Act of 2019 (47 
        U.S.C. 1601(c)).
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Commerce, acting through the Assistant Secretary of Commerce 
        for Communications and Information.
          (3) Trusted.--The term ``trusted'' means, with respect to an 
        entity, that the Secretary has not determined that the entity 
        is not trusted.

    Amend the title so as to read:
    A bill to direct the Secretary of Commerce to submit to 
Congress a report containing an assessment of the value, cost, 
and feasibility of a trans-Atlantic submarine fiber optic cable 
connecting the contiguous United States, the United States 
Virgin Islands, Ghana, and Nigeria.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 3385 is to study the feasibility of a 
trans-Atlantic submarine fiber optic cable connecting the 
contiguous United States, the U.S. Virgin Islands, Ghana, and 
Nigeria, which could provide economic and national security 
benefits to the United States.

                  BACKGROUND AND NEED FOR LEGISLATION

    Submarine cables carry more than 95 percent of 
international data. Submarine cables may be vulnerable to 
attack by bad actors, but may be a significant benefit to the 
United States, either economically, through trade and 
investment, or geopolitically, by countering our foreign 
adversaries abroad.
    H.R. 3385 would ensure the private sector has information 
to evaluate whether this undersea cable is a good investment.

                            COMMITTEE ACTION

    On May 23, 2023, the Subcommittee on Communications and 
Technology held a hearing on H.R. 3385, which was introduced on 
May 16, 2023, by Del. Plaskett (VI-At Large) and Rep. Fulcher 
(ID-01). The hearing title was ``Oversight and Reauthorization 
of the National Telecommunications and Information 
Administration.'' The Subcommittee received testimony from:
           Alan Davidson, Assistant Secretary of 
        Commerce for Communications and Information and 
        Administrator, National Telecommunications and 
        Information Administration.
    On July 12, 2023, the Subcommittee on Communications and 
Technology met in open markup session and forwarded H.R. 3385, 
as amended, to the full Committee by a voice vote. On July 27, 
2023, the full Committee on Energy and Commerce met in open 
markup session and ordered H.R. 3385, as amended, favorably 
reported to the House by a record vote of 41 yeas and 0 nays.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held a hearing and made findings that 
are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 3385 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII, the following is 
the cost estimate provided by the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 3385 would require the Secretary of Commerce, within 
one year of enactment, to report to the Congress on the cost, 
benefits, and feasibility of a trans-Atlantic fiber optic cable 
connecting the United States, the Virgin Islands, Ghana, and 
Nigeria with respect to the national security of the United 
States.
    Based on the cost of similar activities, CBO estimates that 
the report would cost $1 million over the 2024-2028 period to 
collect data and write the report; any spending would be 
subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Margot Berman. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to provide 
a report assessing the value, cost, and feasibility of 
developing a trans-Atlantic submarine fiber optic cable 
connecting the contiguous United States, the U.S. virgin 
islands, Ghana, and Nigeria.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 3385 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

              RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS

    Pursuant to clause 3(c)(6) of rule XIII, the following 
related hearing was used to develop or consider H.R. 3385:
           On May 23, 2023, the Subcommittee on 
        Communications and Technology held a hearing on H.R. 
        3385. The hearing title was ``Oversight and 
        Reauthorization of the National Telecommunications and 
        Information Administration.'' The Subcommittee received 
        testimony from:
                   Alan Davidson, Assistant 
                Secretary of Commerce for Communications and 
                Information and Administrator, National 
                Telecommunications and Information 
                Administration.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

       EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 3385 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Assessment of trans-Atlantic submarine fiber optic cable

    Section 1 would direct the Secretary of Commerce, acting 
through the Assistant Secretary of Commerce for Communications 
and Information, to submit to the Committee on Energy and 
Commerce a report containing an assessment of the value, cost, 
and feasibility of a trans-Atlantic submarine fiber optic cable 
connecting the contiguous United States, the U.S. Virgin 
Islands, Ghana, and Nigeria, to enhance the national security 
of the United States.
    While the Secretary may not require any entity to provide 
data for the purpose of preparing this report, entities are 
encouraged to share relevant information with the Secretary to 
ensure the report is of maximum use to the Committee. To that 
end, the report may include a classified annex to protect 
sensitive information.
    The report shall include an assessment of several elements 
listed in section 1(b), including ``any other related matters 
the Secretary determines are appropriate.''

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                                  [all]