HouseH. Rpt. 119-5012026-02-20
ADVANCED CAPABILITIES FOR EMERGENCY RESPONSE OPERATIONS ACT
Summary
H. Rpt. 119-501 accompanies the "Advanced Capabilities for Emergency Response Operations Act" — legislation that falls within the Science, Space, and Technology Committee's jurisdiction. Committee reports serve as the official legislative history of a bill, documenting what the legislation would do and why the committee recommends passage. Reports of this kind include the committee's section-by-section analysis, any amendments adopted during markup, the Congressional Budget Office cost estimate, dissenting views from minority members, and the legal basis for the legislation. Courts and agencies consult committee reports when interpreting enacted laws, making these documents important beyond the immediate legislative moment.
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House Report 119-501 - ADVANCED CAPABILITIES FOR EMERGENCY RESPONSE OPERATIONS ACT
[House Report 119-501]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-501
======================================================================
ADVANCED CAPABILITIES FOR
EMERGENCY RESPONSE OPERATIONS ACT
_______
February 20, 2026.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Babin, from the Committee on Science, Space, and Technology,
submitted the following
R E P O R T
[To accompany H.R. 390]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 390) to utlitize the Advanced
Capabilities for Emergency Response to Operations project of
NASA to improve aerial responses to wildfires, and for other
purposes, having considered the same, reports favorably thereon
with amendments and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Legislative History.............................................. 4
Section-by-Section............................................... 4
Related Committee Hearings....................................... 4
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 5
Application of Law to the Legislative Branch..................... 7
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 7
Statement of General Performance Goals and Objectives............ 7
Duplication of Federal Programs.................................. 7
Federal Advisory Committee Act................................... 7
Unfunded Mandate Statement....................................... 7
Earmark Identification........................................... 7
Committee Cost Estimate.......................................... 7
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Congressional Budget Office Cost Estimate........................ 8
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Capabilities for Emergency
Response Operations Act'' or the ``ACERO Act''.
SEC. 2. ADVANCED CAPABILITIES FOR EMERGENCY RESPONSE OPERATIONS.
(a) In General.--The Administrator shall leverage NASA-developed
tools and technologies to conduct research and development activities
under the Advanced Capabilities for Emergency Response Operations
(ACERO) project, or appropriate successor project or projects, to
improve aerial responses to wildfires.
(b) Goals.--The research and development activities conducted under
subsection (a) may include the following:
(1) Advanced aircraft technologies and airspace management
efforts to assist in the management, deconfliction, and
coordination of aerial assets during wildfire response efforts.
(2) Information sharing and real-time data exchange for
wildfire response teams.
(3) Development of an interoperable platform to provide
situational awareness of aerial assets during wildfire
response.
(4) Establishment of a multi-agency concept of operations,
which may involve Federal, State, and local government
agencies, to enable coordination of aerial activities for
wildfire response.
(c) Collaboration.--In carrying out this section, the Administrator--
(1) may coordinate and collaborate with other Federal, State,
and local government agencies, regional organizations, and
commercial partners and academic institutions involved in
wildfire management; and
(2) shall, to the maximum extent practicable, consult with
the heads of other Federal departments and agencies to avoid
duplication of activities.
(d) Prohibition.--
(1) In general.--Except as provided in this subsection, the
Administrator may not procure an unmanned aircraft system to
conduct activities described in this section if such unmanned
aircraft system is manufactured or assembled by a covered
foreign entity.
(2) Exemption.--The Administrator may waive the prohibition
under paragraph (1) on a case-by-case basis if the
Administrator--
(A) determines that the procurement of an unmanned
aircraft system is--
(i) in the national interest of the United
States; and
(ii) necessary for the sole purpose of
improving aerial responses to wildfires; and
(B) notifies the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate not later than 30 days after a determination
in the affirmative under subparagraph (A).
(e) Annual Reports.--Not later than one year after the date of the
enactment of this Act and annually thereafter until December 31, 2030,
the Administrator shall submit to the Committee on Science, Space and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report describing
the activities, including results, carried out pursuant to this
section. Each such report, at minimum, shall contain the following:
(1) A description of any research and development activities.
(2) A description of the Administrator's activities pursuant
to subsection (c).
(3) An identification of any topics related to improvement of
aerial responses to wildfires that could benefit from further
research.
(4) A description of any continuing efforts under this
section.
(5) Any other information determined appropriate by the
Administrator.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) Covered foreign entity.--The term ``covered foreign
entity'' has the meaning given such term in section 1822 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118-31).
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
Amend the title so as to read:
A bill to utilize the Advanced Capabilities for Emergency
Response to Operations project of NASA to improve aerial
responses to wildfires, and for other purposes.
PURPOSE AND SUMMARY
H.R. 390 seeks to leverage technologies of the National
Aeronautics and Space Administration (NASA) to improve wildfire
response. The bill directs NASA to use Administration tools and
technologies to conduct research and development activities
related to the use of aerial assets in wildfire response. This
legislation directs NASA to apply its existing tools and
technologies to research and development activities under the
Advanced Capabilities for Emergency Response Operations (ACERO)
project, which seeks to enable advanced aircraft technologies
and airspace management efforts, real-time data sharing, and
coordinated multi-agency operations to improve wildfire
response efforts.
BACKGROUND AND NEED FOR LEGISLATION
Wildfires represent a severe natural hazard across the
United States. A 2017 National Institute of Standards and
Technology (NIST) report found that the annual economic burden
of wildfires on the U.S. economy was between $71.1 billion and
$347.8 billion. This hazard continues to grow as regions of the
United States encounter longer, drier, and more intense
wildfire seasons that threaten lives, property, infrastructure,
and natural resources.
Wildfire tracking, response and suppression involves the
use of aerial assets, both piloted and uncrewed. However, use
of these assets is complicated by the hazardous conditions
created by wildfires, such as poor visibility caused by smoke
and the lack of communication to help manage such aerial
support. The use of advanced aircraft technologies, including
unmanned aircraft systems or drones, has to be carefully
coordinated, especially to avoid endangering crewed aircraft.
Emergency response also involves an interagency process
executed among the federal, state, and local agencies that have
jurisdiction over the affected areas. Coordinating multiple
jurisdictions and agencies that may be operating aerial assets
adds a layer of complexity to the wildfire response. Applying
specialized tools for airspace management and air traffic
control could improve such complex operations.
In a predecessor project called the Scalable Traffic
Management for Emergency Response Operations (STEReO), NASA
applied its UTM (Unmanned Aircraft System Traffic Management)
system work, primarily developed to support the FAA toward
integrating UAS into the national airspace system, on a small
scale to conduct a focused concept study on public safety uses,
and specific wildfire decision-making and response. STEReO's
success led NASA to launch the more expansive Advanced
Capabilities for Emergency Response Operations (ACERO) project.
H.R. 390 directs NASA to utilize its tools and
technologies--such as those developed in support of the UTM
work--to conduct research and development activities to improve
aerial responses to wildfires under ACERO, including advanced
aircraft technologies and airspace management efforts,
information sharing and real-time data exchange, and
interoperability. The ultimate goal of ACERO is to establish a
multi-agency concept of operations for coordination of aerial
wildfire response.
Increasing the ability for aerial assets to be used in
wildfire fighting efforts supports safety. NASA's ACERO project
facilitates application of NASA's advanced technologies and
research toward the important goal of improved wildfire
response.
LEGISLATIVE HISTORY
H.R. 390 was introduced on January 14, 2025, by Rep. Fong
(R-CA) and is cosponsored by Reps. McClellan (D-VA), Whitesides
(D-CA), Obernolte (R-CA), Vindman (D-VA), and Carbajal (D-CA),
Harder (D-CA), and Neguse (D-CO).
SECTION-BY-SECTION
Section 1. Short title
The short title of this legislation is ``Advanced
Capabilities for Emergency Response Operations Act'' or the
``ACERO Act''.
Section 2. Advanced capabilities for emergency response operations
This section directs NASA to use Administration tools and
technologies to conduct research and development activities
under the ACERO project to improve ariel response to wildfires.
The language describes research and development priorities and
encourages NASA to collaborate with relevant entities across
government, industry, and academia. This section also prohibits
NASA from procuring drones manufactured or assembled by a
covered foreign entity, as defined in the FY2024 NDAA, unless
the Administrator determines use of such capabilities is
essential. Finally, the bill directs an annual report through
2030 describing the research and development activities
conducted pursuant to this section.
RELATED COMMITTEE HEARINGS
Pursuant to clause 3(c)(6) of rule XIII, the following
hearing was used to develop or consider H.R. 390.
On July 12, 2023, the Committee on Science, Space, and
Technology held a hearing titled ``Enhancing Fire Weather
Prediction and Coordination.'' Members and witnesses discussed
the need for technologies to improve wildfire response
capabilities.
Witnesses
Mr. Mark Goeller, State Forester/Director
Oklahoma Department of Agriculture, Food and Forestry
Mr. James Peverill, Founder/CEO, GreenSight
Dr. Ali Tohidi, Assistant Professor of
Mechanical Engineering and Wildfire Dynamics, San Jose
State University
COMMITTEE CONSIDERATION
On June 11, 2025, the Committee on Science, Space, and
Technology met to consider H.R. 390.
Rep. Fong (R-CA) offered an Amendment in the Nature of a
Substitute that made minor technical changes to the text of the
bill. The amendment was adopted by voice vote.
Chairman Babin (R-TX) moved that the Committee favorably
report the bill, as amended, to the House of Representatives
with the recommendation that the bill be approved. The motion
was agreed to by a vote of 34 yeas to 0 nays, a quorum being
present.
ROLL CALL VOTES
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
the Committee consideration:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
The Committee finds that H.R. 390 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act (Public Law 104-1).
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS
OF THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause (3)(c)(4) of rule XIII, the ultimate
goal of this legislation and the ACERO project as a whole is to
establish a multi-agency concept of operations for coordination
of aerial wildfire response by leveraging NASA technologies.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, the Committee
finds that no provision of H.R. 390 establishes or reauthorizes
a program of the Federal Government known to be duplicative of
another Federal program, including any program that was
included in a report to Congress pursuant to section 21 of
Public Law 111-139 or identified in the most recent Catalog of
Federal Domestic Assistance.
FEDERAL ADVISORY COMMITTEE ACT
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of section 5(b) of the Federal Advisory
Committee Act.
UNFUNDED MANDATE STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
EARMARK IDENTIFICATION
Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 390 does not include any
congressional earmarks, limited tax benefits, or limited tariff
benefits.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY,
AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 390 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirements of clause 3(c)(3) of rule
XIII and section 402 of the Congressional Budget Act of 1974,
the Committee has received the following cost estimate for H.R.
390 from the Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 390 would direct the National Aeronautics and Space
Administration (NASA) to conduct research and development under
the Advanced Capabilities for Emergency Response Operations
(ACERO) project, or a successor project, to improve aerial
responses to wildfires. The bill would prohibit NASA from
procuring unmanned aircraft systems manufactured or assembled
by an adversarial nation unless the agency notifies the
Congress. Because NASA already conducts such activities, CBO
expects that conducting the research and development activities
under the bill would not require additional personnel or
resources.
The bill also would require NASA to report annually to the
Congress on those activities. Based on the cost of similar
reports, CBO estimates that those requirements would cost less
than $500,000 over the 2026-2031 period. Any related spending
would be subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Katherine Chou.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
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