ACERO Act
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The bill would give NASA statutory authority to run its ACERO project, which researches drones and other advanced aviation technology to improve aerial wildfire response, including airspace coordination among responders.
It would also bar NASA from buying wildfire-response drones made by Chinese or other covered foreign entities, except under a narrow, reported waiver, reflecting broader concerns about foreign-made drone technology in government use.
What this bill would do
What it would do
The bill would direct NASA's Administrator to use existing NASA-developed tools and technologies to carry out research and development under the Advanced Capabilities for Emergency Response Operations (ACERO) project to improve aerial responses to wildfires. Goals could include advanced aircraft technologies for managing and deconflicting aerial assets, real-time data sharing among response teams, an interoperable situational-awareness platform, and a multi-agency concept of operations involving federal, state, and local agencies. NASA would be directed to consult with other federal agencies to avoid duplicating efforts, and to report annually to Congress through 2030 on activities and results.
The bill would also generally prohibit NASA from procuring unmanned aircraft systems manufactured or assembled by "covered foreign entities" (as defined by reference to the fiscal year 2024 defense authorization law) for ACERO activities, subject to a case-by-case national-interest waiver that must be reported to Congress within 30 days.
Key provisions
- 1Would direct NASA's Administrator to conduct research and development under the ACERO project to improve aerial wildfire response.
- 2Would set goals including airspace management, real-time data sharing, a situational-awareness platform, and a multi-agency concept of operations.
- 3Would authorize NASA to collaborate with other agencies and require consultation to avoid duplicating wildfire-response research efforts.
- 4Would generally prohibit NASA from procuring unmanned aircraft systems made by covered foreign entities, with a reportable national-interest waiver.
- 5Would require NASA to submit annual reports to relevant House and Senate committees on ACERO activities through December 31, 2030.
Who would be affected
NASA and its Administrator, who would run the ACERO project and file annual reports; federal, state, and local wildfire response and emergency management agencies that could coordinate with ACERO; commercial and academic partners in wildfire management and drone technology; and drone manufacturers, particularly those linked to China, that would be barred from selling to the project absent a waiver.
Why it matters
Formal statutory authority would give the ACERO project a more stable footing and clearer congressional oversight through mandated annual reporting. The foreign-drone procurement ban would shape which companies can supply wildfire-response drone technology to NASA, potentially limiting options while addressing security concerns about foreign-made unmanned aircraft.
What would change
Changes to existing law
Amends National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31), section 1822 (Sec. 2(f))
Incorporates that law's definition of 'covered foreign entity' to define which drone manufacturers NASA is barred from using.
Agencies directed to act
Effective dates
- First annual report on ACERO activities due to Congress
- Annual ACERO reporting requirement continues
- Notification to Congress after an affirmative foreign-drone procurement waiver determination
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 390 would have no effect on direct spending or revenues, with discretionary costs of less than $500,000 over the 2026–2031 period, subject to appropriations.
CBO estimates that H.R. 390, the ACERO Act, would have no effect on direct (mandatory) spending or federal revenues over the 2026–2036 period, leaving the deficit unchanged. The only estimated cost — less than $500,000 over 2026–2031 — would come from a new annual reporting requirement to Congress, and any such spending would depend on funds being appropriated. CBO does not expect the bill's research and development directives to require additional NASA personnel or resources, since NASA already conducts these wildfire aerial-response activities. The bill contains no intergovernmental or private-sector mandates.
How implementation would work
NASA's Administrator would lead ACERO research and development, coordinating with other federal, state, and local agencies and consulting other federal departments to avoid duplicative work. The Administrator would file annual reports to the House Science, Space, and Technology Committee and Senate Commerce, Science, and Transportation Committee describing activities, results, and research gaps through 2030. Procurement of foreign-made drones would generally be barred, but the Administrator could grant case-by-case waivers upon determining national interest and wildfire-response necessity, notifying the same two committees within 30 days of any such determination.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill provides statutory authority for the Advanced Capabilities for Emergency Response Operations (ACERO) project. The ACERO project conducts research and development activities regarding aerial response to wildfires using uncrewed aircraft systems (UAS) and other advanced aviation technologies. It is administered by the National Aeronautics and Space Administration (NASA).
The bill directs the ACERO project to address airspace management and deconfliction during wildfire response efforts, including through real-time information sharing among response teams and the development of a platform to provide situational awareness of aerial assets. The bill also directs the ACERO project to establish a multiagency concept of operations to facilitate the coordination of aerial wildfire response among federal, state, and local government agencies. NASA must consult with other federal agencies and departments to avoid duplication of these efforts.
NASA generally may not procure UAS manufactured or assembled by specified foreign entities, including entities domiciled in or controlled by China, for use by the ACERO project.
Legislative subjects
Asia; Aviation and airports; China; Emergency planning and evacuation; Fires; Intergovernmental relations; Public contracts and procurement; Research and development; Science, Technology, Communications
Committee report
H. Rept. 119-501