[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3775 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3775
To authorize the Secretary of Defense and the Secretary of State to
enter into contracts with satellite-based companies to provide or
propagate internet and mobile service in countries where the United
States Government is engaged in, or providing support related to,
contingency operations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8 (legislative day, March 7), 2022
Mr. Cornyn (for himself and Ms. Klobuchar) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To authorize the Secretary of Defense and the Secretary of State to
enter into contracts with satellite-based companies to provide or
propagate internet and mobile service in countries where the United
States Government is engaged in, or providing support related to,
contingency operations, 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 ``Safely Accessing Telecommunications
Act of 2022''.
SEC. 2. AUTHORITY FOR DEPARTMENT OF DEFENSE TO CONTRACT WITH SATELLITE-
BASED COMPANIES TO PROVIDE INTERNET AND MOBILE SERVICE
DURING CONTINGENCY OPERATIONS.
(a) In General.--
(1) Department of defense.--The Secretary of Defense may
enter into contracts with satellite-based communication service
providers to provide or propagate broadband internet access
service and related telecommunications services and mobile
service in countries where the United States Government is
engaged in, or providing support related to, contingency
operations, for purposes of providing military assistance.
(2) Department of state.--The Secretary of State may enter
into contracts with satellite-based companies to provide or
propagate internet and mobile service in countries where the
United States Government is engaged in, or providing support
related to, contingency operations, for purposes of providing
humanitarian assistance.
(3) Ancillary services.--A contract authorized under this
subsection may include both the provision of the service itself
and the procurement and distribution of end-point
infrastructure necessary for the operations of the service,
including stations, modems, hubs for internet service, customer
terminals, equipment required to access the broadband internet
access service and related telecommunications services, and
cellular devices.
(b) Considerations.--In entering into a contract to provide or
propagate internet or mobile service pursuant to subsection (a), the
Secretary of Defense or the Secretary of State, as the case may be,
shall consider the following factors:
(1) The degree to which the use of such service will be in
the national security interests of the United States or its
allies.
(2) The degree to which the use of such service will
protect the health and safety of displaced persons due to the
contingency operation.
(3) Whether the use of such service or the capture thereof
would negatively impact the security of the user or the United
States.
(4) Whether the service provider is capable of increasing
the security of the service and the data transmitted via the
service.
(5) The degree to which such service may be controlled from
outside the conflict zone to limit its use by enemy actors.
(6) The costs and benefits of providing such service as
compared to other forms of telecommunications assistance.
(7) The speed, reliability, and geographic coverage with
which a service provider may provide operational
telecommunications services.
(8) Whether the use of such service would enhance the
capabilities of the allied government to provide essential
services to its citizens in the conflict zone.
(c) Compliance Requirements.--
(1) Department of commerce entity list.--Any company
awarded a contract under subsection (a) shall be required to
comply with the Entity List maintained by the Department of
Commerce and set forth in Supplement No. 4 to part 744 of the
Export Administration Regulations under subchapter C of chapter
VII of title 15, Code of Federal Regulations.
(2) List of covered communications equipment or services.--
No covered communications equipment or service, as defined in
section 9 of the Secure and Trusted Communications Networks Act
of 2019 (47 U.S.C. 1608), may be procured or distributed under
a contract entered into by the Secretary of Defense or the
Secretary of State under subsection (a).
(d) Restrictions.--In entering into a contract to provide or
propagate internet or mobile service pursuant to subsection (a), the
Secretary of Defense or the Secretary of State, as the case may be, may
not--
(1) provide such service for a period longer than is
necessary to prevent or prepare for an imminent armed conflict,
respond to an active armed conflict, or recover from a recent
armed conflict in which the United States has a strategic
interest; or
(2) compel a service provider to provide a service.
(e) Cost Reimbursement Agreements.--The Secretary of Defense and
the Secretary of State may enter into agreements with governments of
threatened countries and countries supporting threatened countries to
reimburse or offset the costs of providing services under contracts
entered into pursuant to subsection (a).
(f) Limitation.--The Secretary of Defense and the Secretary of
State may not reimburse a company with which a contract has been
entered into under subsection (a) for services provided before the
start date indicated in the contract.
(g) Consultation With Agencies That Regulate Telecommunications.--
The Secretary of Defense and the Secretary of State shall consult with
the Federal Communications Commission and the Assistant Secretary of
Commerce for Communications and Information on how to expedite the
granting, by foreign governments, of licenses or other authorizations
for the provision of internet service or mobile service under contracts
entered into under subsection (a).
(h) Rule of Construction.--Nothing in this section supersedes or
limits the authority of the President, the Secretary of Defense, or the
Secretary of State under the Federal Acquisition Regulation.
(i) Mobile Service Defined.--In this section, the term ``mobile
service'' has the meaning given the term in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
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