[Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)]
[Senate]
[Pages S3086-S3087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5940. Mr. PETERS (for himself and Mr. Moran) submitted an
amendment intended to be proposed by him to the bill S. 4784, to
authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. 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).
[[Page S3087]]
``(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.''.
______