H.R.2458 - Secure Space Act of 2025 (119th Congress)
Summary
H.R.2458, the Secure Space Act of 2025, aims to amend the Secure and Trusted Communications Networks Act of 2019. The bill seeks to prevent the Federal Communications Commission (FCC) from granting licenses or market access to satellite systems or earth stations controlled by entities that produce or provide covered communications equipment or services, or their affiliates.
The Act defines key terms such as "blanket-licensed earth station" and "individually licensed earth station" to clarify the scope of the prohibition. It mandates the FCC to issue rules to implement these provisions within one year of enactment.
The bill passed the House of Representatives on April 28, 2025, and was referred to the Senate Committee on Commerce, Science, and Transportation on April 29, 2025.
Expected Effects
The primary effect of this bill, if enacted, would be to restrict access to the US satellite communications market for companies deemed to pose a security risk due to their involvement with covered communications equipment or services.
This could lead to a more secure space-based communications infrastructure. However, it might also limit competition and potentially increase costs for consumers and businesses relying on satellite services.
Furthermore, the FCC would be required to develop and enforce new regulations, adding to their administrative burden.
Potential Benefits
- Enhanced National Security: By preventing entities associated with potentially compromised communications equipment from controlling satellite systems, the bill aims to reduce vulnerabilities in critical infrastructure.
- Protection of Communications Networks: The Act helps safeguard US communications networks from potential espionage or sabotage through satellite systems.
- Increased Trust in Satellite Communications: By restricting access to potentially risky entities, the bill could increase public and private sector confidence in the security of satellite-based communications.
- Strengthened Supply Chain Security: The Act incentivizes companies to diversify their supply chains and avoid reliance on potentially compromised vendors.
- Proactive Risk Mitigation: The bill proactively addresses potential security threats in the rapidly evolving space-based communications sector.
Potential Disadvantages
- Reduced Competition: Limiting the pool of eligible companies could reduce competition in the satellite communications market, potentially leading to higher prices and less innovation.
- Increased Regulatory Burden: The FCC would need to develop and enforce new regulations, adding to its workload and potentially slowing down the licensing process.
- Potential for Retaliation: Other countries might respond with similar restrictions on US companies, harming the competitiveness of the US space industry.
- Limited Market Access: Some companies may find it more difficult to enter the US market, even if they do not pose a significant security risk.
- Unintended Consequences: The broad definition of "covered communications equipment or service" could inadvertently capture companies that are not genuine security threats.
Most Disadvantaged Areas:
Constitutional Alignment
The Secure Space Act of 2025 appears to align with the US Constitution, particularly Article I, Section 8, which grants Congress the power to regulate commerce with foreign nations and among the several states. This power extends to regulating the satellite communications industry, especially when national security concerns are involved.
The Act does not appear to infringe upon any specific constitutional rights, such as freedom of speech or religion. However, due process considerations would be relevant in the implementation of the Act, ensuring that companies are given a fair opportunity to demonstrate that they do not pose a security risk.
Overall, the Act seems to fall within the scope of Congress's enumerated powers and does not appear to violate any fundamental constitutional principles.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).