NASA C-UAS Act

Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section:

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.

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.

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.

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.

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.

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).

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).

The Administrator shall provide training on the actions described in subsection (b) to personnel authorized to take such actions.

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.

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.

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.

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.

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).

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.

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.

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.

Each briefing required under paragraph (1) shall be unclassified but may be accompanied by an additional classified briefing.

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).

This section shall cease to have effect on September 30, 2031.

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.

In this section:

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.

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).

The terms electronic communication, intercept, oral communication, and wire communication have the meanings given those terms in section 2510 of title 18.

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).

The terms launch services, reentry services, space support vehicle, and payload have the meanings given those terms in section 50902.

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.

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.

The term Secretary means the Secretary of Transportation (acting through the Administrator of the Federal Aviation Administration).

The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49.

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: