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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7379 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7379
To amend title 51, United States Code, to provide the National
Aeronautics and Space Administration authority to detect, identify,
monitor, and track unmanned aircraft systems, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2026
Ms. Stevens introduced the following bill; which was referred to the
Committee on Science, Space, and Technology, and in addition to the
Committees on Transportation and Infrastructure, the Judiciary, and
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 51, United States Code, to provide the National
Aeronautics and Space Administration authority to detect, identify,
monitor, and track unmanned aircraft 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 ``NASA Counter-Unmanned Aircraft
System Authority Act'' or the ``NASA C-UAS Act''.
SEC. 2. NASA AUTHORITY WITH RESPECT TO UNMANNED AIRCRAFT SYSTEM
IDENTIFICATION AND DETECTION.
(a) In General.--Subchapter III of chapter 201 of title 51, United
States Code, is amended by adding at the end the following new section:
``Sec. 20150. Detecting, identifying, monitoring, and tracking unmanned
aircraft systems and unmanned aircraft that pose threats
to certain facilities and assets
``(a) In General.--Notwithstanding section 46502 of title 49,
sections 32, 1030, and 1367 and chapters 119 and 206 of title 18, or
section 705 of the Communications Act of 1934, the Administrator may
take, and may authorize personnel with assigned duties that include the
security or protection of people, facilities, or assets to take, the
actions described in subsection (b) that are necessary to detect,
identify, monitor, and track an unmanned aircraft system or unmanned
aircraft that poses a credible threat (as defined by the Administrator,
in consultation with the Secretary) to the safety or security of a
covered facility or asset.
``(b) Actions Described.--The actions described in this subsection
are limited to such actions during the operation of an unmanned
aircraft system or unmanned aircraft to detect, identify, monitor, or
track, as appropriate, the unmanned aircraft system or unmanned
aircraft, without prior consent, including by means of intercept or
other access of a wire communication, an oral communication, or an
electronic communication used to control the unmanned aircraft system
or unmanned aircraft.
``(c) Identification and Assessment of Covered Facilities or
Assets.--
``(1) Inventory of certain facilities or assets.--The
Administrator shall identify each facility or asset located on
or within the property of the Administration that directly
relates to one or more missions of the Administration
pertaining to any of the following:
``(A) Launch services.
``(B) Reentry services.
``(C) The protection of space support vehicles or
payloads.
``(2) Risk-based assessment.--The Administrator, in
coordination with the Secretary, shall conduct a risk-based
assessment of each facility and asset identified under
paragraph (1) that includes an evaluation of the following:
``(A) Threat information specific to each such
facility and asset.
``(B) Each of the following factors, with respect
to potential impacts on the safety and efficiency of
the national airspace system and law enforcement and
national security needs while carrying out the
activities described in subsection (b):
``(i) Potential effects to safety,
efficiency, or use of the national airspace
system, including potential effects on a manned
aircraft, an unmanned aircraft system or
unmanned aircraft, aviation safety, airport
operations, infrastructure, or air navigation
services related to the use of any system or
technology for carrying out the actions
described in subsection (b).
``(ii) Options for mitigating any
identified effects to the national airspace
system related to the use of any system or
technology, including minimizing, when
possible, the use of any technology which
disrupts the transmission of radio or
electronic signals, for carrying out the
actions described in subsection (b).
``(iii) Potential consequences of the
impacts of any actions described in subsection
(b) to the national airspace system or
infrastructure if not detected, identified,
monitored, or tracked.
``(iv) The ability to provide reasonable
advance notice to aircraft operators consistent
with the safety of the national airspace system
and the needs of law enforcement and national
security.
``(v) The setting and character of the
facility or asset at issue, including the
following:
``(I) Whether the facility or asset
is located in a populated area or near
other structures.
``(II) Whether the facility or
asset is open to the public.
``(III) Whether the facility or
asset is used for nongovernmental
functions.
``(IV) Any potential for
interference with wireless
communications or for injury or damage
to persons or property.
``(vi) The setting, character, timeframe,
and national airspace system impacts of launch
services and reentry services.
``(vii) Potential consequences to national
security, public safety, or law enforcement if
a credible threat posed by an unmanned aircraft
system or unmanned aircraft to the facility or
asset at issue is not detected, identified,
monitored, or tracked.
``(3) Designation of covered facilities or assets.--The
Administrator shall designate a facility or asset identified
under paragraph (1) as a covered facility or asset if the
Administrator determines, based on the risk-based assessment
conducted under paragraph (2) with respect to the facility or
asset, that the facility or asset is high-risk and a potential
target for unlawful unmanned aircraft system or unmanned
aircraft activity.
``(d) Research, Testing, Training, and Evaluation.--
``(1) Requirement.--
``(A) In general.--Notwithstanding section 46502 of
title 49, sections 32, 1030, and 1367 and chapters 119
and 206 of title 18, and section 705 of the
Communications Act of 1934, the Administrator is
authorized to conduct research, testing, training on,
and evaluation of any equipment approved by the Federal
Government for the detection, identification,
monitoring, and tracking of unmanned aircraft system or
unmanned aircraft under subsections (a) and (b),
including any electronic equipment, to determine the
capability and utility of the equipment prior to the
use of the equipment for any action described in
subsection (b).
``(B) Personnel and contractors.--Personnel and
contractors of the Administration who do not have
duties that include the safety, security, or protection
of people, facilities, or assets of the Administration
may engage in research, testing, training, and
evaluation activities pursuant to subparagraph (A).
``(2) Training of personnel.--The Administrator shall
provide training on the actions described in subsection (b) to
personnel authorized to take such actions.
``(3) Aviation safety.--In carrying out any activity under
this section, the Administrator shall coordinate with the
Secretary to ensure the continued, safe, and efficient
operation of the national airspace system.
``(e) Regulations and Guidance.--The Administrator--
``(1) shall issue guidance and may prescribe regulations as
necessary for the Administrator to carry out this section; and
``(2) in developing regulations and guidance referred to in
paragraph (1), may consult the Chairman of the Federal
Communications Commission, the Assistant Secretary of Commerce
for Communications and Information, the Secretary of
Transportation, the Administrator of the Federal Aviation
Administration, and the head of any other agency determined
appropriate by the Administrator.
``(f) Coordination.--The Administrator shall coordinate with the
Secretary and may coordinate with the heads of other agencies, as
determined relevant by the Administrator, to carry out any action
authorized under this section, including issuing such guidance as
required to carry out this section, in order that the Administrator is
able to ensure the action does not adversely impact, or interfere with,
any of the following:
``(1) Safe airport operations.
``(2) Navigation.
``(3) Air traffic services.
``(4) The safe and efficient operation of the national
airspace system.
``(g) Privacy Protection.--The regulations or guidance issued to
carry out an action described in subsection (b) by the Administrator
shall ensure the following:
``(1) The interception or acquisition of, access to, or
maintenance or use of, any communication to or from an unmanned
aircraft system or unmanned aircraft under this section is
conducted in a manner consistent with the First and Fourth
Amendments to the Constitution of the United States and any
applicable provisions of Federal law.
``(2) Any communication to or from an unmanned aircraft
system or an unmanned aircraft is intercepted or acquired only
to the extent necessary to support an action described in
subsection (b).
``(3) Any record of such communication is maintained only
for as long as necessary, and in no event for more than 180
days, unless the Administrator, in consultation with the
Attorney General, determines that maintenance of the records
is--
``(A) required under Federal law;
``(B) necessary for the purpose of any litigation;
or
``(C) necessary to investigate or prosecute a
violation of law, including by--
``(i) directly supporting an ongoing
security operation; or
``(ii) protecting against dangerous or
unauthorized activity by an unmanned aircraft
system or unmanned aircraft.
``(4) Such communication is not disclosed to any person not
employed or contracted by the Administration for the purposes
of carrying out this section unless the disclosure--
``(A) is necessary to investigate or prosecute a
violation of law;
``(B) would support--
``(i) the Department of Defense;
``(ii) a Federal law enforcement agency, an
element of the intelligence community, or other
relevant Federal agency; or
``(iii) a State or local law enforcement
entity or person, if the entity or person is
engaged in a security or protection operation;
``(C) is necessary to support a department or
agency specified in subparagraph (B) in the
investigation or prosecution of a violation of law;
``(D) would support the enforcement activities of a
Federal regulatory agency relating to a criminal or
civil investigation of, or any regulatory, statutory,
or other enforcement action relating to, an action
described in subsection (b);
``(E) is necessary to protect against dangerous or
unauthorized activity by an unmanned aircraft system or
unmanned aircraft; or
``(F) is otherwise required by law.
``(h) Assistance and Support.--
``(1) In general.--Subject to paragraph (2), the
Administrator is authorized to provide support or assistance to
a Federal agency or department, on the request of the agency or
department, with respect to an action described in any of the
following:
``(A) Section 130i of title 10.
``(B) Section 210G of the Homeland Security Act of
2002 (6 U.S.C. 124n).
``(C) Section 4510 of the Atomic Energy Defense Act
(50 U.S.C. 2661).
``(2) Requirements.--The Administrator shall provide the
support or assistance described in paragraph (1) only--
``(A) to support or assist the requesting Federal
agency or department in fulfilling the roles and
responsibilities of the agency or department carried
out by an action referred to in such paragraph;
``(B) for a specified duration and location;
``(C) within available resources of the
Administration;
``(D) on a non-reimbursable basis; and
``(E) in coordination with the Secretary.
``(i) Semiannual Briefings and Notifications.--
``(1) In general.--On a semiannual basis beginning 6 months
after the date of the enactment of this section, the
Administrator shall provide a briefing to the appropriate
congressional committees on the activities carried out pursuant
to this section.
``(2) Content.--Each briefing required under paragraph (1)
shall include the following:
``(A) Information relating to policies, programs,
and procedures to mitigate or eliminate impacts of the
actions carried out pursuant to subsection (b) to the
national airspace system.
``(B) A description of the following:
``(i) Each instance that an action
described in subsection (b) was taken,
including any such instance that may have
resulted in harm, damage, or loss to a person
or to private property.
``(ii) The guidance, policies, or
procedures established by the Administrator to
address privacy, civil rights, and civil
liberties issues implicated by the actions
permitted under subsection (b), as well as any
changes or subsequent efforts by the
Administrator that would significantly affect
privacy, civil rights, or civil liberties.
``(iii) Options considered and steps taken
by the Administrator to mitigate any identified
impacts to the national airspace system related
to the use of any system or technology,
including the minimization of the use of any
technology that disrupts the transmission of
radio or electronic signals, for carrying out
the actions described in subsection (b).
``(iv) Such consultation conducted by the
Administrator with other agencies with respect
to each action described under clauses (ii) and
(iii).
``(v) Each instance in which a
communication intercepted or acquired as a
result of an action described in subsection (b)
taken during operations of an unmanned aircraft
system or unmanned aircraft was--
``(I) held in the possession of the
Administration for more than 180 days;
or
``(II) shared with any entity other
than the Administration.
``(C) An explanation of how the Administrator has--
``(i) informed the public with respect to
the authorities granted under this section; and
``(ii) engaged with Federal, State, local,
Tribal, and territorial law enforcement
agencies to implement and use such authorities.
``(D) An assessment of whether any gaps or
insufficiencies in laws, regulations, or policies
impede the ability of the Administration to detect,
identify, monitor, or track the credible threat posed
by malicious, inappropriate, or unauthorized use of an
unmanned aircraft system or unmanned aircraft to the
safety or security of a covered facility or asset.
``(E) Recommendations to remedy any such gaps or
insufficiencies, including recommendations relating to
the potential need for changes in laws, regulations, or
policies, as appropriate.
``(3) Unclassified form.--Each briefing required under
paragraph (1) shall be unclassified but may be accompanied by
an additional classified briefing.
``(j) Scope of Authority.--This section may not be interpreted to
provide the Administrator with any additional authority other than the
authorities described in subsections (a), (c), and (d).
``(k) Termination.--This section shall cease to have effect on
September 30, 2031.
``(l) Rule of Construction.--Nothing in this section may be
construed to--
``(1) vest in the Administrator any authority of the head
of any other Federal agency; or
``(2) vest in the head of any other Federal agency any
authority of the Administrator.
``(m) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(C) the Committee on Science, Space, and
Technology of the House of Representatives.
``(2) Covered facility or asset.--The term `covered
facility or asset' means a facility or asset designated as a
covered facility or asset by the Administrator under subsection
(c)(3).
``(3) Electronic communication; intercept; oral
communication; wire communication.--The terms `electronic
communication', `intercept', `oral communication', and `wire
communication' have the meanings given those terms in section
2510 of title 18.
``(4) Intelligence community.--The term `intelligence
community' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(5) Launch services; reentry services; space support
vehicle; payload.--The terms `launch services', `reentry
services', `space support vehicle', and `payload' have the
meanings given those terms in section 50902.
``(6) Personnel.--
``(A) In general.--The term `personnel' means an
officer, employee, or contractor of the Administration
authorized to perform duties that include safety,
security, or protection of people, facilities, or
assets.
``(B) Use of authority.--To qualify for use of the
authority under subsection (a), a contractor conducting
operations under such subsection shall satisfy the
following:
``(i) Be directly contracted by the
Administration.
``(ii) Be assigned to law enforcement
duties within the Office of Protective Services
of the Administration.
``(iii) Operate at a Government-owned or
Government-leased facility.
``(iv) Not conduct inherently governmental
functions.
``(v) Be trained and certified by the
Administration to meet the established guidance
and regulations of the Administration.
``(vi) Be subject to the penalties
specified in section 799 of title 18.
``(7) Secretary.--The term `Secretary' means the Secretary
of Transportation (acting through the Administrator of the
Federal Aviation Administration).
``(8) Unmanned aircraft; unmanned aircraft system.--The
terms `unmanned aircraft' and `unmanned aircraft system' have
the meanings given those terms in section 44801 of title 49.''.
(b) Clerical Amendment.--The table of contents for chapter 201 of
title 51, United States Code, is amended by inserting after the item
relating to section 20149 the following new item:
``20150. Detecting, identifying, monitoring, and tracking unmanned
aircraft systems and unmanned aircraft that
threaten certain facilities and assets.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Transportation and Infrastructure, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Transportation and Infrastructure, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Transportation and Infrastructure, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Transportation and Infrastructure, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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