Text of Senate Amendment 5940

On 2026-06-23, Senator Gary C. Peters (D-MI) delivered a floor speech titled "Text Of Senate Amendment 5940" in the Senate.

Text of Senate Amendment 5940

Congressional Record, Volume 172 Issue 105 (Tuesday, June 23, 2026) [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 interce