Satellite Cybersecurity Act

Subjects: Science, Technology, Communications, Computer security and identity theft, Computers and information technology, Congressional oversight, Government information and archives, Government studies and investigations, Public-private cooperation, Spacecraft and satellites


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1425 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1425

    To require a report on Federal support to the cybersecurity of 
         commercial satellite systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2023

Mr. Peters (for himself and Mr. Cornyn) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    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''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Clearinghouse.--The term ``clearinghouse'' means the 
        commercial satellite system cybersecurity clearinghouse 
        required to be developed and maintained under section 4(b)(1).
            (2) Commercial satellite system.--The term ``commercial 
        satellite system''--
                    (A) means a system that--
                            (i) is owned or operated by a non-Federal 
                        entity based in the United States; 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.
            (3) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given the term in subsection 
        (e) of the Critical Infrastructure Protection Act of 2001 (42 
        U.S.C. 5195c(e)).
            (4) Cybersecurity risk.--The term ``cybersecurity risk'' 
        has the meaning given the term in section 2209 of the Homeland 
        Security Act of 2002 (6 U.S.C. 659).
            (5) Cybersecurity threat.--The term ``cybersecurity 
        threat'' has the meaning given the term in section 102 of the 
        Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
            (6) Director.--The term ``Director'' means the Director of 
        the Cybersecurity and Infrastructure Security Agency.
            (7) Sector risk management agency.--The term ``sector risk 
        management agency'' has the meaning given the term ``Sector-
        Specific Agency'' in section 2201 of the Homeland Security Act 
        of 2002 (6 U.S.C. 651).

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 Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Homeland Security and the Committee on Science, Space, 
and Technology of the House of Representatives on the study conducted 
under subsection (a), which shall include information--
            (1) on efforts of the Federal Government, and the 
        effectiveness of those efforts, to--
                    (A) address or improve the cybersecurity of 
                commercial satellite systems; and
                    (B) support related efforts with international 
                entities or the private sector;
            (2) 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;
            (3) on the extent to which commercial satellite systems are 
        reliant on, or relied on by, critical infrastructure;
            (4) that includes an analysis of how commercial satellite 
        systems and the threats to those systems are integrated into 
        Federal and non-Federal critical infrastructure risk analyses 
        and protection plans;
            (5) on the extent to which Federal agencies are reliant on 
        commercial satellite systems and how Federal agencies mitigate 
        cybersecurity risks associated with those systems;
            (6) 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;
            (7) on the extent to which Federal agencies coordinate or 
        duplicate authorities and take other actions focused on the 
        cybersecurity of commercial satellite systems; and
            (8) as determined appropriate by the Comptroller General of 
        the United States, that includes recommendations for further 
        Federal action to support the cybersecurity of commercial 
        satellite systems, including recommendations on information 
        that should be shared through the clearinghouse.
    (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 Office of the National Cyber Director;
            (2) the Department of Homeland Security;
            (3) the Department of Commerce;
            (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; and
            (9) the National Space Council.
    (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 CYBERSECURITY AND INFRASTRUCTURE 
              SECURITY AGENCY.

    (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 Director shall develop and maintain 
        a commercial satellite system cybersecurity clearinghouse.
            (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; and
                    (E) may contain controlled unclassified information 
                distributed to commercial entities through a process 
                determined appropriate by the Director.
            (3) Content maintenance.--The Director shall maintain 
        current and relevant cybersecurity information on the 
        clearinghouse.
            (4) Existing platform or website.--To the extent 
        practicable, the Director 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 Director 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.
    (d) Implementation.--In implementing this section, the Director 
shall--
            (1) to the extent practicable, carry out the implementation 
        in partnership with the private sector;
            (2) coordinate with--
                    (A) the Office of the National Cyber Director, the 
                National Space Council, and the head of any other 
                agency determined appropriate by the Office of the 
                National Cyber Director or the National Space Council; 
                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 Director shall submit to 
the Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Homeland Security and the Committee on Science, Space, 
and Technology of the House of Representatives a report summarizing--
            (1) any partnership with the private sector described in 
        subsection (d)(1);
            (2) any consultation 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) any feedback received by the Director on the 
        clearinghouse from non-Federal entities.

SEC. 5. STRATEGY.

    Not later than 120 days after the date of the enactment of this 
Act, the National Space Council, jointly with the Office of the 
National Cyber Director, in coordination with the Director of the 
Office of Space Commerce and the heads of other relevant agencies, 
shall submit to the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Homeland Security and the Committee on 
Science, Space, and Technology of the House of Representatives a 
strategy for the activities of Federal agencies to address and improve 
the cybersecurity of commercial satellite systems, which shall include 
an identification of--
            (1) proposed roles and responsibilities for relevant 
        agencies; and
            (2) as applicable, the extent to which cybersecurity 
        threats to such systems are addressed in Federal and non-
        Federal critical infrastructure risk analyses and protection 
        plans.

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; or
            (2) infringe upon or alter the authorities of the agencies 
        described in section 3(c).

SEC. 7. SECTOR RISK MANAGEMENT AGENCY TRANSFER.

    If the President designates an infrastructure sector that includes 
commercial satellite systems as a critical infrastructure sector 
pursuant to the process established under section 9002(b)(3) of the 
William M. (Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4770) and subsequently 
designates a sector risk management agency for that critical 
infrastructure sector that is not the Cybersecurity and Infrastructure 
Security Agency, the President may direct the Director to transfer the 
authorities of the Director under section 4 of this Act to the head of 
the designated sector risk management agency.
                                 &lt;all&gt;
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