H.R. 7379

[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.''.
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