Safely Accessing Telecommunications Act of 2022
Bill: S.3775 | Sponsor: Sen. Cornyn, John (R-TX)
Policy area: International Affairs

Summary:
Safely Accessing Telecommunications Act of 2022
This bill authorizes the Department of Defense and the Department of State to enter into contracts with satellite-based companies to provide internet and mobile services in countries where the U.S. government is engaged in certain activities, such as providing military or humanitarian assistance. The bill imposes requirements on such contracts, such as requiring such a satellite-based company to comply with certain export licensing regulations.

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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