Secure Space Act of 2023

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1338) to amend the Communications Act of 1934 to provide authority for certain licenses, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 1338, the Satellite And Telecommunications Streamlining Act, led by the chair of the Energy and Commerce Committee.

Over the last several years, the satellite marketplace has changed drastically. Every American now expects fast, reliable access to the internet no matter where they are, and satellite communications networks play an important role in bridging the digital divide.

Today, new innovations in the satellite marketplace now enable speeds comparable to the other internet service providers. This new and enhanced satellite service is especially important in rural Ohio and other rural areas across America.

For Americans who have never had internet, satellite broadband can enable families to connect with distant relatives, children to complete their homework and receive an education online, and users to access telehealth services.

The new speeds and low latency provided by satellite communications networks are enabled by several advancements in technology.

First, some new satellite communications networks operate in low- Earth orbit, which means their radio signals do not have to travel as far as other satellite communications signals. As a result, communications networks offering low-Earth orbit can provide lower latency services that can deliver a better experience for consumers.

Additionally, some new satellite communications networks have more satellite radio stations in their network than satellite communications networks that were licensed many years ago. In some cases, there are thousands of radios, all of which work together in concert to provide faster, more reliable connectivity service.

Finally, investment and innovation in new satellite communications networks have led to novel proposals to use electromagnetic spectrum in new ways. By their nature, satellite communications networks serve global markets and therefore share the use of electromagnetic spectrum. The complex design and architecture of these satellites, as well as how they utilize spectrum, has led to more advanced satellite service offerings.

However, all of this change has amplified the challenges with the Federal Communications Commission's licensing process. A regulatory process that once contemplated only a handful of applications has seen dozens of applicants seeking new applications, modifications to existing applications, and new uses of spectrum that the old regulatory regime was not designed to address.

To provide needed direction to the FCC and promote competition and innovation, the Satellite And Telecommunications Streamlining Act is the first legislation in decades to modernize the regulatory framework for licensing commercial satellite communications networks.

H.R. 1338 would bring our licensing framework for satellite communications into the 21st century, especially as we compete against other countries like China that seek to dominate the United States.

The legislation would establish a statutory framework at the FCC that provides a streamlined process for considering new satellite communications licenses, modifying existing ones, and facilitating the deployment of innovative communications technologies.

In addition to bringing next-generation satellite connectivity to Americans and the world, H.R. 1338 would also promote U.S. technological leadership. By creating a regulatory environment that invites investment and rewards innovation, we can turn the United States into the destination of choice for licensing satellite communications systems for providers around the world.

While the use of spectrum must be coordinated internationally, ensuring timely access to predictable, reliable use of shared spectrum in the United States will send a signal that the government wants to be a partner, not a roadblock, to deploying next-generation technologies.

This is key as the United States looks to defend America's technological leadership against China. The Satellite And Telecommunications Streamlining Act will ensure the United States' regulatory process doesn't hold back American innovation. China can act unilaterally to approve changes to their satellite communications system and spectrum usage, which is a far cry from the competitive, market-based spectrum licensing system in the United States.

In order for the government to be a partner and not a roadblock, it must make sure that innovative, new satellite spectrum technologies make it from the lab to orbit in a timely manner. H.R. 1338 will ensure that there is a fair regulatory regime built on an objective, performance-based system that facilitates the investment needed to maintain our technological leadership.

Also, the FCC currently has authority under the Communications Act to attach conditions to licenses for satellite communications systems to ensure licensees are acting in the public interest. This authority has been upheld by the courts.

The Energy and Commerce Committee wants to ensure that the FCC does not become a space traffic cop and try to manage space traffic management functions or provide space situational awareness information. We added rules of construction to clarify that the FCC does not have the authority to be that space traffic cop and to affirm that nothing in H.R. 1338 would expand the existing authority the FCC currently has regarding orbital debris and space safety.

The rules of construction also clarify that nothing in H.R. 1338 grants the FCC the authority to carry out functions provided under 10 U.S.C. 2274 related to the provision of space situational awareness services and information.

The FCC uses its current authority to attach conditions to spectrum licenses relating to orbital debris and

space safety capabilities to prevent harmful interference among satellite systems and avoid granting licenses to potentially unsafe satellite communications systems that would jeopardize space safety and exacerbate orbital debris.

This legislation is good government. It provides statutory direction and boundaries to the FCC rather than allowing it to retrofit old laws for the new marketplace.

Mr. Speaker, I urge my colleagues to support H.R. 1338, the Satellite And Telecommunications Streamlining Act, and I reserve the balance of my time.

Mr. Speaker, I yield such time as she may consume to the gentlewoman from Washington (Mrs. Rodgers), the chair of the Energy and Commerce Committee.

Mr. Speaker, I yield 4 minutes to the gentleman from Florida (Mr. Dunn), from Florida's Second District.

Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from Idaho (Mr. Fulcher).

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, may I inquire how much time is remaining.

Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Texas (Mr. Weber).

Mr. Speaker, I yield myself the balance of my time.

Mr. Speaker, we have heard from so many of our speakers this afternoon about how essential H.R. 1338 is to promote effective information sharing, collaboration, and response efforts to establish the Secure and Trusted Communications Networks Act of 2019.

The legislation facilitates the public-private partnerships to develop and implement cybersecurity policies related to the communications networks. By encouraging this collaboration between the government agencies and stakeholders, we can all work together to address the cyber threats and vulnerabilities more effectively.

Again, this piece of legislation passed out of the Energy and Commerce Committee. We worked together on this in a bipartisan manner, and with a vote of 44-0, that bill came out of committee. It is a good piece of legislation.

Mr. Speaker, I urge all my colleagues to support H.R. 1338, and I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in strong support of H.R. 1338, the Satellite And Telecommunications Streamlining Act, or the SAT Streamlining Act.

Within the last decade, satellite capabilities have jumped leaps and bounds. We have seen significant advancements in satellites providing broadband internet and other services to consumers and the public throughout the country and the world. While this is beneficial to all, it is especially helpful to those living in areas where other types of technologies have not been built out yet due to geographic considerations and other factors.

These technological breakthroughs are a positive step forward for our country, but it is evident that other countries, including our foreign adversaries, are also aggressively trying to dominate this industry. It is imperative that Congress act now to retain our country's leadership position in the satellite marketplace.

H.R. 1338 helps to accomplish this goal. This bill will enhance the competitiveness of our Nation's satellite industry by requiring the FCC to set reasonable rules to prevent harmful interference as satellites utilize spectrum to communicate with one another and with base stations on Earth. It does not expand the FCC's jurisdiction over the space industry. Instead, it sets new rules of the road with respect to the licensing of electromagnetic spectrum, which is needed to operate satellite systems.

For instance, it establishes application requirements for the licensing of the spectrum and sets forth the guidelines for how and when the FCC should consider these applications and the timeframes for doing so.

We must implement these solutions to ensure the United States remains competitive with our counterparts across the globe, including China, in producing cutting-edge consumer innovations and fortifying our public safety and national security capabilities.

The Energy and Commerce Committee, Mr. Speaker, has traditionally worked in a bipartisan fashion on key telecommunications matters, and I commend Chair Rodgers for continuing this tradition with this legislation. Unfortunately, though, another bipartisan bill that I led with Chair Rodgers that unanimously passed out of the committee would have directly addressed the threat of adversaries deploying their satellite systems for use by U.S. customers. H.R. 675, the Secure Space Act, would extend the framework Congress adopted in the bipartisan Secure and Trusted Communications Network Act to satellite operators. This framework ensures that foreign adversaries cannot use our communications network for espionage and disruption.

The Energy and Commerce Committee, and then the full Congress passed last year then-Minority Whip Scalise's bipartisan legislation to extend that framework to the FCC's equipment authorization process.

It surprised and disappointed me that some members of the Republican caucus are objecting to the Secure Space Act--again, a bill passed unanimously out of the Energy and Commerce Committee. Unfortunately, it can't go forward without amendments limiting its scope, and therefore its effect, in keeping unquestionably bad actors from infiltrating our networks.

We should be passing this bill today rather than allowing a small extreme minority in the House Republican caucus to have veto power over a policy that is so important to our national security and that a significant majority of this House favors. It is unfortunate that the Republican majority continues to cave to the extreme elements of their party.

In closing, Mr. Speaker, I urge my colleagues to support H.R. 1338, and I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman from Virginia (Mr. Beyer).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I listened to what Mr. Beyer said, and I know that some of the leadership on the Science, Space, and Technology Committee are opposed to this bill. I will say that despite the Science, Space, and Technology Committee's claims, H.R. 1338, the Satellite And Telecommunications Streamlining Act does not infringe on the Science, Space, and Technology Committee's jurisdiction or grant the FCC new authority with respect to space safety and orbital debris.

Instead, this bill streamlines existing FCC licensing procedures so the commercial satellite operators can more easily obtain the necessary spectrum rights to launch their satellite systems into space.

Because the bill deals directly with access to spectrum and the FCC's management of it, this legislation falls squarely within the jurisdiction of the Energy and Commerce Committee.

To the extent the bill references space safety and orbital debris, it is in the context of ensuring that the FCC acts within the bounds of the rules adopted by the U.S. Government for orbital debris mitigation.

Specifically, the language in the bill simply directs the FCC to align any licensing requirements that it may impose on satellite operators concerning orbital debris and space safety--which it can do today consistent with its existing authority--with the orbital debris and space safety practices established by NASA and others.

Mr. Speaker, mandating such action is good government as it reduces the likelihood of conflicting standards or requirements and ensures that government continues to speak with one voice on these important matters.

Nevertheless, recognizing the Science Committee's concerns, language has now been added to the bill to make it crystal clear that this legislation does not give the FCC any new authority on space safety and orbital debris.

Finally, for those Members suggesting that the Department of Commerce does not support this bill, I want to be clear that this is not true. In reality, the Department of Commerce has not taken a position on this bill.

For all these reasons, Mr. Speaker, H.R. 1338 is a worthwhile bill, I urge all my colleagues to support it, and I reserve the balance of my time.

Mr. Speaker, I continue to reserve the balance of my time.

Mr. Speaker, I yield myself the balance of my time.

Mr. Speaker, I urge support for this bill on a bipartisan basis. The committee voted this out, again, on a bipartisan basis. I think it is very important, and I assure my Science Committee colleagues this does not impinge on their jurisdiction.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I rise in support of H.R. 1338, the Satellite And Telecommunications Streamlining Act that I am proud to lead with Ranking Member Pallone.

The SAT Streamlining Act is the first legislation in over two decades to update our laws governing how communications services using satellite technologies are licensed by the FCC.

Satellite communications systems play a pivotal role in closing the digital divide. Yet, the legal framework for licensing new and innovative satellite technologies has not kept pace with the 21st century.

Other adversaries, like China, seek to overtake our lead in developing these next-generation technologies. The SAT Streamlining Act would reform and improve the FCC's process to make the United States the destination of choice for licensing satellite communications systems without expanding the FCC's authority.

Our goal today is to ensure that the FCC does not become a space traffic cop and try to manage space traffic management functions or provide space situational awareness information. We added rules of construction to clarify the FCC does not have the authority to be the space traffic cop and affirm that nothing in H.R. 1338 would expand the existing authority of the FCC currently regarding orbital debris and space safety.

I will read the Rules of Construction. If you look at the Rules of Construction--this is section 3(A). ``Space Situational Awareness Services and Information. Nothing in this subsection, including the rules issued pursuant to paragraph (1)(A), shall be construed to grant the Commission authority to carry out the functions provided under section 2274 of title 10, United States Code . . . ''

Then you go to section B: ``Space Safety and Orbital Debris. Nothing in this subsection, including the rules issued pursuant to paragraph (1)(A), shall be construed to expand the authority of the Commission to establish requirements for or regulate space safety and orbital debris.''

Subsection C. ``Authority of Commission Under This Act. Nothing in subparagraph (A) or (B) shall be construed to limit the authority of the Commission with respect to space stations licensed under this Act.''

Those are the Rules of Construction.

This legislation today is to provide certainty to satellite operators by setting out clear performance objectives for satellite communications systems.

These changes will ensure that as satellite operators choose a venue for licensing their global systems, the United States' regulatory process is more appealing than other nations.

The SAT Act would establish an expedited review process for approving minor modifications to satellite communications systems, which will get new technologies into space sooner.

Second, the legislation would promote competition among satellite communications providers.

Spectrum access is a necessary component of global satellite communications networks.

Innovation takes place at a rapid speed, and the FCC should have clear guidance from Congress on how to evaluate whether a proposed satellite communications system can share spectrum with other systems to avoid harmful interference.

The SAT Act sets forth a framework that will ensure spectrum is used efficiently and promotes competition and innovation in the satellite communications marketplace.

China is currently working to launch and operate a national constellation similar to the American satellite communications systems.

Unlike our regulatory process, China can move swiftly to approve new technologies in their quest to dominate America and the world.

In order to ensure U.S. licensed systems stay ahead of our competitors, our regulatory environment must keep

pace with industry while continuing to ensure responsible spectrum use.

We began this effort to develop a new licensing framework for the modern era 2 years ago. We have worked with a wide array of stakeholders from the satellite industry. I am pleased we are moving forward today.

We must lead with more innovation, more competition, and better communications services for American homes and businesses.

Mr. Speaker, I thank Ranking Member Pallone and all the stakeholders that worked with us over the last few years to create a framework that will promote competition, innovation, and predictability.

Mr. Speaker, I encourage my colleagues to vote in support of the legislation.

Mr. Speaker, I rise in strong opposition to H.R. 1338, the Satellite And Telecommunications Streamlining Act. I believe I am joined in this opposition by the chair of the Science, Space, and Technology Committee, Mr. Lucas, and by the chair of the Space and Aeronautics Subcommittee, Mr. Babin.

Mr. Speaker, with complete respect to the chair and the ranking member on the Energy and Commerce Committee, if this bill were focused solely on regulating electromagnetic spectrum use and improving the spectrum licensing process in the United States, then this would be a very different speech.

Improving the Federal Communications Commission's licensing of spectrum is important. However, H.R. 1338 goes way beyond the FCC's spectrum mission. It would provide unprecedented authority to the FCC to issue rules on ``space safety and orbital debris.'' This is a serious problem and cause for deep concern.

Drafting such rules would only detract and divert attention and resources from the FCC's primary mission of assessing applications for spectrum, actions the bill seeks to strengthen.

The FCC does not have sufficient expertise to issue appropriate rules on space safety or orbital debris.

Further, Federal agencies engage in interagency coordination on orbital debris mitigation based on science and technical research led by NASA.

Rather than follow a cohesive and coordinated approach within the Federal Government, H.R. 1338 would give authority to the FCC to do its own thing and to act unilaterally without participating in the interagency coordination that is necessary to prevent a fragmented government approach toward space activities. On something as important as space safety and orbital debris, this is a troubling thought.

The issue of space safety and orbital debris is a pressing concern. The administration and stakeholders through two administrations have been coalescing around the Department of Commerce as the lead agency on space safety and related orbital debris activities in coordination with other Federal Government agencies.

Congress has appropriated funding for the Department of Commerce to advance civil space situational awareness and related orbital debris activities. This is a critical time for the U.S. commercial space industry. Clear and predictable roles, responsibilities, and regulatory frameworks from the Federal Government are needed.

Having the FCC regulate space safety and orbital debris mitigation would duplicate efforts and cause confusion, including for our partners, where the U.S. has led internationally. Rather than supporting the continuing growth and leadership of the U.S. in commercial space, and the interagency process within the Department of Commerce, H.R. 1338 risks undermining it.

Mr. Speaker, I urge my colleagues to vote ``no.''

Mr. Speaker, in the ever-expanding realm of space-based architecture, we have witnessed an unprecedented growth in commercial, academic, and military applications over the past two decades.

As we enter into a new era of space exploration and innovation, it has become imperative for the United States to move at the speed of business, embracing agility and efficiency in our regulatory approach.

The Satellite And Telecommunications Streamlining Act, or SAT Act, represents a transformative step toward ensuring that our regulations keep pace with the dynamic and rapidly evolving satellite communications ecosystem.

This bill directs the FCC to establish new rules for licensing satellite communications systems that describe crucial performance objectives within a defined timeframe of 18 months.

These performance objectives will provide certainty to satellite operators seeking a spectrum license so they understand the requirements they must meet in order to avoid interfering with other space systems.

This bill would also direct the agency to decide on new license applications within 1 year.

The SAT Act provides a streamlined application process for satellite communications providers, and with the goal of promoting U.S. leadership in the satellite communications industry.

During these contentious geopolitical times, the importance of space- based assets for our national security cannot be overstated. Many of these assets are critical to safeguarding our Nation's interests and are extensively utilized for national security applications.

By providing an updated and efficient licensing process, the SAT Act ensures that these vital space assets remain protected from harmful interference and operation.

With the satellite ecosystem constantly evolving as technologies and innovations come online, it is paramount that regulations governing them are able to keep pace to ensure we remain ahead of our adversaries, especially as the Department of Defense continues to rely on innovations in commercial satellite technology.

We must update Federal regulations so that industry can deliver requirements to the warfighters at the pace that they demand.

Mr. Speaker, I urge my esteemed colleagues to pass the SAT Act, recognizing its potential to drive our Nation's competitiveness in the space domain.

By streamlining regulatory processes, we set the stage for a future where American businesses can contribute to our continued leadership in space.

Let us unite in embracing this transformative legislation, ensuring that the United States remains at the forefront of communications technology and innovation in space.