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).