[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4264 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4264
To provide NASA the authority to detect, identify, monitor, and track
unmanned aircraft systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2026
Mr. Peters (for himself and Mr. Moran) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To provide NASA the 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 UAS Detection Act''.
SEC. 2. 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:
``Sec. 20150. Detecting, identifying, monitoring, and tracking unmanned
aircraft systems and unmanned aircraft that threaten
certain facilities and assets
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and
Infrastructure and 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 of the
Administration that--
``(A) is a NASA center; or
``(B) is located within the property of the
National Aeronautics and Space Administration.
``(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) 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 (b), 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.
``(6) 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) Authority.--Notwithstanding sections 1030 and 1367 and
chapters 119 and 206 of title 18, 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 (c) 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 of Transportation) to the safety or
security of a covered facility or asset.
``(c) Actions Described.--The actions described in this subsection
are limited to such actions to detect, identify, monitor, or track the
unmanned aircraft systems 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.
``(d) Required Coordination.--The Administrator shall develop the
actions described in subsection (c) in coordination with the
Administrator of the Federal Aviation Administration.
``(e) Training of Personnel.--The Administrator, in coordination
with the Administrator of the Federal Aviation Administration, shall
provide training on the actions described in subsection (c) to
personnel authorized to take such actions.
``(f) Aviation Safety.--In carrying out any activity under this
section, the Administrator shall coordinate with the Administrator of
the Federal Aviation Administration in the case of any action
authorized under this section that might affect aviation safety,
civilian aviation and aerospace operations, aircraft airworthiness, or
the use of the airspace.
``(g) Identification and Assessment of Covered Facilities or
Assets.--
``(1) Inventory.--The Administrator shall identify each
covered facility or asset.
``(2) Risk-based assessment.--The Administrator, in
coordination with the Administrator of the Federal Aviation
Administration, shall conduct a risk-based assessment of each
covered facility or asset identified with respect to the risk
that a credible threat by an unmanned aircraft system or
unmanned aircraft poses to the operation of each such covered
facility or asset, that includes an evaluation of the
following:
``(A) Threat information specific to each such
covered facility or 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 actions
described in subsection (c):
``(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 (c).
``(ii) Options for minimizing any
identified effect to the national airspace
system related to the use of any system or
technology, including minimizing any effect to
civil aviation or air traffic control systems,
for carrying out the actions described in
subsection (c).
``(iii) Potential consequences of the
impacts of any actions described in subsection
(c) 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
covered facility or asset at issue, including
the following:
``(I) Whether the covered facility
or asset is located in a populated area
or near other structures.
``(II) Whether the covered facility
or asset is open to the public.
``(III) Whether the covered
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) 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 covered
facility or asset at issue is not detected,
identified, monitored, or tracked.
``(C) Distribution.--Not later than 180 days after
the date of the enactment of this section, and annually
thereafter, the Administrator shall distribute to each
relevant department or agency (including the Department
of Transportation) and the appropriate committees of
Congress, through appropriate means, a list of
facilities and assets identified as covered facilities
or assets.
``(h) Technologies.--Technologies used by the Administration to
take actions described in subsection (c) shall be limited to systems or
technologies that are included on a list of authorized technologies
maintained jointly by the Department of Justice, the Department of
Homeland Security, the Department of Defense, the Department of
Transportation, the Federal Communications Commission, the National
Aeronautics and Space Administration, and the National
Telecommunications and Information Administration.
``(i) Guidance and Procedures.--The Administrator and the
Administrator of the Federal Aviation Administration--
``(1) shall issue guidance, and may prescribe appropriate
procedures as necessary, for the Administrator to carry out
this section; and
``(2) in developing such guidance and procedures, shall
consult the Chairman of the Federal Communications Commission,
the Assistant Secretary of Commerce for Communications and
Information, the Secretary of Transportation, and the head of
any other agency determined appropriate by the Administrator.
``(j) Coordination.--
``(1) Coordination with federal aviation administration.--
With respect to the development of guidance under subsection
(i), the Administrator--
``(A) shall coordinate with the Administrator of
the Federal Aviation Administration; and
``(B) may coordinate with the heads of other
agencies, as determined relevant by the Administrator.
``(2) Effect on aviation safety.--The Administrator shall
coordinate with the Secretary of Transportation and the
Administrator of the Federal Aviation Administration before
issuing any guidance or otherwise implementing this section, if
such guidance or implementation might affect aviation safety,
civilian aviation and aerospace operations, aircraft
airworthiness, or the use of airspace.
``(k) Privacy Protection.--The guidance or procedures issued to
carry out an action described in subsection (c) 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 (c).
``(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 such records
is necessary to investigate or prosecute a violation of law or
to directly support an ongoing security operation.
``(4) Such communications are 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, including by the Department of
Defense or a Federal law enforcement agency;
``(B) would support the enforcement activities of a
regulatory agency of the Federal Government in
connection with a criminal or civil investigation of,
or any regulatory, statutory, or other enforcement
action relating to, an action described in subsection
(c); or
``(C) is otherwise required by law.
``(l) 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
committees of Congress 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 minimize or eliminate impacts of the
actions carried out pursuant to subsection (c) to the
national airspace system.
``(B) A description of the following:
``(i) Each instance that an action
described in subsection (c) 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 (c), 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 minimize any identified
impacts to the national airspace system related
to the use of any system or technology,
including minimizing any effects to civil
aviation or air traffic control systems, for
carrying out the actions described in
subsection (c).
``(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 (c)
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--
``(i) informed the public with respect to
the possible use of 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.
``(m) Scope of Authority.--This section may not be interpreted to
provide the Administrator with any additional authority other than the
authorities described in subsections (b) and (g).
``(n) Termination.--This section shall cease to have effect on
September 30, 2031.
``(o) Rule of Construction.--Nothing in this section may be
construed--
``(1) to vest in the Administrator any authority of the
head of any other Federal agency;
``(2) to vest in the head of any other Federal agency any
authority of the Administrator; or
``(3) to modify the spectrum management authorities of the
Assistant Secretary of Commerce for Communications and
Information under the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901 et
seq.).''.
(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.''.
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