Bills · S. 3404 · Text
Engrossed in Senate
Confirmed from the official record
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3404 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
2d Session
S. 3404
_______________________________________________________________________
AN ACT
To require a report on Federal support to the cybersecurity of
commercial satellite systems, 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 ``Satellite Cybersecurity Act of
2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Energy and Commerce, the
Committee on Space, Science, and Technology, and the
Committee on Homeland Security of the House of
Representatives.
(2) Clearinghouse.--The term ``clearinghouse'' means the
commercial satellite system cybersecurity clearinghouse
required to be developed and maintained under section 4(b)(1).
(3) Commercial satellite system.--The term ``commercial
satellite system''--
(A) means a system that--
(i) is owned or operated by a non-Federal
entity that holds a license issued by the
United States for business operations; and
(ii) is composed of not less than 1 earth
satellite; and
(B) includes--
(i) any ground support infrastructure for
each satellite in the system; and
(ii) any transmission link among and
between any satellite in the system and any
ground support infrastructure in the system.
(4) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given the term in subsection
(e) of the Critical Infrastructures Protection Act of 2001 (42
U.S.C. 5195c(e)).
(5) Cybersecurity risk.--The term ``cybersecurity risk''
has the meaning given the term in section 2200 of the Homeland
Security Act of 2002 (6 U.S.C. 650).
(6) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002 (6 U.S.C. 650).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the actions the Federal Government has taken to
support the cybersecurity of commercial satellite systems, including as
part of any action to address the cybersecurity of critical
infrastructure sectors.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall report to
the appropriate congressional committees on the study conducted under
subsection (a), which--
(1) shall include--
(A) information on efforts of the Federal
Government, and the effectiveness of those efforts,
to--
(i) address or improve the cybersecurity of
commercial satellite systems; and
(ii) support related efforts with
international entities or the private sector;
(B) information on the resources made available to
the public by Federal agencies to address cybersecurity
risks and threats to commercial satellite systems,
including resources made available through the
clearinghouse;
(C) information on the extent to which commercial
satellite systems are reliant on, or relied on by,
critical infrastructure;
(D) an analysis of how commercial satellite systems
and the threats to those systems are integrated into
critical infrastructure risk analyses and protection
plans;
(E) information on the extent to which Federal
agencies are reliant on commercial satellite systems
and how Federal agencies mitigate cybersecurity risks
associated with those systems;
(F) information on the extent to which Federal
agencies are reliant on commercial satellite systems
that are owned wholly or in part or controlled by
foreign entities, or that have infrastructure in
foreign countries, and how Federal agencies mitigate
associated cybersecurity risks;
(G) information on the extent to which Federal
agencies coordinate or duplicate authorities and take
other actions focused on the cybersecurity of
commercial satellite systems; and
(H) as determined appropriate by the Comptroller
General of the United States, recommendations to
support the cybersecurity of commercial satellite
systems, including recommendations on information that
should be shared through the clearinghouse; and
(2) shall not include recommendations described in
paragraph (1)(H) for new or changing authorities or regulations
for Federal agencies.
(c) Consultation.--In carrying out subsections (a) and (b), the
Comptroller General of the United States shall coordinate with
appropriate Federal agencies and organizations, including--
(1) the Department of Commerce;
(2) the Office of the National Cyber Director;
(3) the Department of Homeland Security;
(4) the Department of Defense;
(5) the Department of Transportation;
(6) the Federal Communications Commission;
(7) the National Aeronautics and Space Administration;
(8) the National Executive Committee for Space-Based
Positioning, Navigation, and Timing;
(9) the National Space Council;
(10) the Office of Science and Technology Policy;
(11) the Department of Justice; and
(12) the Committee for the Assessment of Foreign
Participation in the United States Telecommunications Services
Sector.
(d) Briefing.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall provide
a briefing to the appropriate congressional committees on the study
conducted under subsection (a).
(e) Classification.--The report made under subsection (b) shall be
unclassified but may include a classified annex.
SEC. 4. RESPONSIBILITIES OF THE DEPARTMENT OF COMMERCE.
(a) Small Business Concern Defined.--In this section, the term
``small business concern'' has the meaning given the term in section 3
of the Small Business Act (15 U.S.C. 632).
(b) Establishment of Commercial Satellite System Cybersecurity
Clearinghouse.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the
Secretary of Homeland Security, shall develop and maintain a
commercial satellite system cybersecurity clearinghouse for the
purpose of serving as a repository for publicly available
resources, guidance, frameworks, voluntary recommendations, and
tools.
(2) Requirements.--The clearinghouse--
(A) shall be publicly available online;
(B) shall contain publicly available commercial
satellite system cybersecurity resources, including the
voluntary recommendations consolidated under subsection
(c)(1);
(C) shall contain appropriate materials for
reference by entities that develop, operate, or
maintain commercial satellite systems;
(D) shall contain materials specifically aimed at
assisting small business concerns with the secure
development, operation, and maintenance of commercial
satellite systems;
(E) may contain controlled unclassified information
distributed to commercial entities through a process
determined appropriate by the Secretary; and
(F) may not contain sensitive security or
proprietary information in the absence of the
establishment and use of a gateway to limit access to
approved users, as determined by the Secretary.
(3) Content maintenance.--The Secretary shall maintain
current and relevant cybersecurity information on the
clearinghouse.
(4) Existing platform or website.--To the extent
practicable, the Secretary shall establish and maintain the
clearinghouse using an online platform, a website, or a
capability in existence as of the date of enactment of this
Act.
(c) Consolidation of Commercial Satellite System Cybersecurity
Recommendations.--
(1) In general.--The Secretary, in coordination with the
Secretary of Homeland Security, shall consolidate voluntary
cybersecurity recommendations designed to assist in the
development, maintenance, and operation of commercial satellite
systems.
(2) Requirements.--The recommendations consolidated under
paragraph (1) shall include materials appropriate for a public
resource addressing, to the greatest extent practicable, the
following:
(A) Risk-based, cybersecurity-informed engineering,
including continuous monitoring and resiliency.
(B) Planning for retention or recovery of positive
control of commercial satellite systems in the event of
a cybersecurity incident.
(C) Protection against unauthorized access to vital
commercial satellite system functions.
(D) Physical protection measures designed to reduce
the vulnerabilities of a commercial satellite system's
command, control, and telemetry receiver systems.
(E) Protection against jamming, eavesdropping,
hijacking, computer network exploitation, spoofing,
threats to optical satellite communications, and
electromagnetic pulse.
(F) Security against threats throughout a
commercial satellite system's mission lifetime.
(G) Management of supply chain risks that affect
the cybersecurity of commercial satellite systems.
(H) Protection against vulnerabilities posed by
ownership of commercial satellite systems or commercial
satellite system companies by foreign entities.
(I) Protection against vulnerabilities posed by
locating physical infrastructure, such as satellite
ground control systems, in foreign countries.
(J) As appropriate, and as applicable pursuant to
the maintenance requirement under subsection (b)(3),
relevant findings and recommendations from the study
conducted by the Comptroller General of the United
States under section 3(a).
(K) Any other recommendations to ensure the
confidentiality, availability, and integrity of data
residing on or in transit through commercial satellite
systems only for the purpose described in subsection
(b)(1).
(d) Implementation.--In implementing this section, the Secretary
shall--
(1) to the extent practicable, carry out the implementation
in partnership with the private sector;
(2) coordinate with--
(A) the Secretary of Homeland Security, the Office
of the National Cyber Director, the National Space
Council, the Director of the National Institute of
Standards and Technology, and the head of any other
agency with expertise relating to cybersecurity or
satellite communications determined appropriate by the
Secretary; and
(B) the heads of appropriate Federal agencies with
expertise and experience in satellite operations,
including the entities described in section 3(c) to
enable the alignment of Federal efforts on commercial
satellite system cybersecurity and, to the extent
practicable, consistency in Federal recommendations
relating to commercial satellite system cybersecurity;
and
(3) consult with non-Federal entities developing commercial
satellite systems or otherwise supporting the cybersecurity of
commercial satellite systems, including private, consensus
organizations that develop relevant standards.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, and every 2 years thereafter until the date that is 9 years
after the date of enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report summarizing--
(1) the general status of any partnership with the private
sector described in subsection (d)(1);
(2) the results of consultations with a non-Federal entity
described in subsection (d)(3);
(3) the coordination carried out pursuant to subsection
(d)(2);
(4) the establishment and maintenance of the clearinghouse
pursuant to subsection (b);
(5) the recommendations consolidated pursuant to subsection
(c)(1); and
(6) general feedback received by the Secretary on the
clearinghouse from non-Federal entities, including overall
trends and any proposed changes to the clearinghouse as a
result of the feedback.
SEC. 5. STRATEGY.
Not later than 120 days after the date of the enactment of this
Act, the Secretary, jointly with the National Space Council and the
Office of the National Cyber Director, in coordination with the
Secretary of Homeland Security, the Director of the Office of Space
Commerce, the Director of the Office of Science and Technology Policy,
and the heads of other relevant agencies, shall submit to the
appropriate congressional committees a strategy to support
coordination, information sharing, and voluntary best practices among
Federal agencies and private sector stakeholders relating to the
cybersecurity of commercial satellite systems, which shall include an
identification of--
(1) proposed coordination roles among relevant agencies;
and
(2) as applicable, the extent to which cybersecurity
threats to commercial satellite systems are addressed in--
(A) critical infrastructure risk analyses and
protection plans; and
(B) activities relating to commercial satellite
systems.
SEC. 6. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed to--
(1) designate commercial satellite systems or other space
assets as a critical infrastructure sector;
(2) infringe upon or alter the authorities of the agencies
described in section 3(c);
(3) authorize the development or implementation of any
rulemaking or regulatory requirement, including by way of
enforcement action or condition on any license or permit for a
commercial satellite system; or
(4) modify or expand existing authorities of the Committee
on Foreign Investment in the United States or the Committee for
the Assessment of Foreign Participation in the United States
Telecommunications Service Sector.
Passed the Senate September 23, 2026.
Attest:
Secretary.
119th CONGRESS
2d Session
S. 3404
_______________________________________________________________________
AN ACT
To require a report on Federal support to the cybersecurity of
commercial satellite systems, and for other purposes.