Senate approves new satellite-security restrictions and cybersecurity planning

WASHINGTON — The Senate passed two satellite-security bills Sept. 23, but they would work in different ways. One would block certain Federal Communications Commission approvals for companies tied to the FCC’s Covered List. The other would organize federal cybersecurity research and voluntary guidance for commercial satellite companies. Neither bill is law: the House received both measures Sept. 24 and held them at the desk.

The difference matters because the Secure Space Act would create a direct restriction on who can receive specified satellite approvals. The Satellite Cybersecurity Act would not create new regulations; it would focus on information, planning and voluntary recommendations.

The Secure Space Act, S. 1962, would prohibit the FCC from granting a license for certain satellite systems, U.S. market access for those systems, or authorization for certain earth stations if the approval would be held or controlled by an entity on the FCC’s Covered List or its affiliate. An earth station is a ground-based radio station that communicates with satellites. The FCC’s Covered List identifies communications equipment and services considered an unacceptable risk to U.S. national security.

The bill defines an affiliate as a company that directly or indirectly owns or controls another company, is owned or controlled by it, or is under common ownership or control. For this provision, ownership means an equity interest, or equivalent, of at least 10%. The FCC would have one year after enactment to issue rules implementing the restriction.

The Satellite Cybersecurity Act, S. 3404, would require the comptroller general to study federal support for the cybersecurity of commercial satellite systems and report to Congress within two years. The study would examine federal efforts, public resources, government reliance on commercial satellites, foreign ownership or foreign infrastructure, and coordination among agencies.

It also would direct the Commerce Department, working with the Department of Homeland Security, to establish a public online clearinghouse within 180 days. The clearinghouse would provide cybersecurity resources, tools and voluntary recommendations, including material for small businesses. Its recommendations could address supply-chain risks, foreign ownership, ground infrastructure in other countries, unauthorized access, jamming and recovery of control after a cyber incident.

Within 120 days, Commerce, the National Space Council and the Office of the National Cyber Director would have to submit an interagency strategy on coordination, information sharing and voluntary best practices. The bill explicitly says it does not authorize new rulemaking or regulatory requirements for commercial satellite systems.

Sen. Cynthia Lummis, R-Wyo., sought unanimous consent for the Senate to consider each bill, a procedure that moves forward when no senator objects. The Senate adopted a committee substitute and passed each measure; it also adopted a title amendment for S. 1962. The House must act before either bill can move further in the legislative process.