Text of Senate Amendment 5940

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: June 23, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Peters, Gary C.
Committees: Committee on Commerce, Science, and Transportation, Committee on Science, Space, and Technology

Readable version of the official text

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).

“(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

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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