ACERO Act
- Bill Number
- H.R. 390
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Science, Technology, Communications
- Status
- Passed House
- Latest Action
- 2026-02-24: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2026-06-11T23:26:36Z
AI-Generated Summary
Purpose
The Advanced Capabilities for Emergency Response Operations Act (ACERO Act) aims to enhance the United States' ability to respond to wildfires from the air by directing the National Aeronautics and Space Administration (NASA) to apply its existing technologies and research to improve coordination, data sharing, and management of aircraft during wildfire operations.
Key Provisions
- Research and Development (R&D) Mandate: NASA must use tools from its Advanced Capabilities for Emergency Response Operations (ACERO) project—or any successor—to conduct R&D focused on wildfire aerial responses. This includes developing advanced aircraft technologies, better airspace management to avoid conflicts among aircraft, real-time data sharing among response teams, an interoperable platform for tracking aircraft positions, and a multi-agency plan for coordinating federal, state, and local efforts.
- Collaboration Requirements: NASA is encouraged to partner with other government agencies (federal, state, local), regional groups, commercial companies, and universities involved in wildfire management. It must also consult with other federal entities to prevent overlapping work.
- Restrictions on Unmanned Aircraft Systems (UAS): NASA cannot buy or assemble UAS (drones) from "covered foreign entities" (foreign companies or governments posing national security risks, as defined in a 2024 defense law) for these activities. Waivers are allowed on a case-by-case basis if the purchase serves the U.S. national interest and is solely for wildfire response, but NASA must notify specific congressional committees within 30 days.
- Reporting Obligations: NASA must submit annual reports to Congress (House Committee on Science, Space, and Technology; Senate Committee on Commerce, Science, and Transportation) starting one year after enactment and continuing until December 31, 2030. Reports will cover R&D progress, collaborations, future research needs, ongoing efforts, and other relevant details.
Significant Changes to Existing Law
This act introduces new directives for NASA to prioritize wildfire-specific R&D under the ACERO project, which builds on but expands NASA's existing emergency response capabilities. It adds a targeted prohibition on procuring UAS from risky foreign sources, with a waiver process tied to national security and wildfire needs—extending similar restrictions from the 2024 National Defense Authorization Act to this civilian context. No major amendments to prior laws are made; instead, it authorizes focused activities without altering broader NASA statutes.
Potential Impacts
- Government Agencies: NASA will lead expanded R&D, potentially streamlining inter-agency wildfire responses (e.g., with the Department of the Interior or Agriculture). State and local agencies may gain better tools for coordination, reducing response times and risks during fires.
- Citizens: People in wildfire-prone areas (e.g., Western U.S. states) could benefit from faster, safer aerial firefighting, leading to reduced property damage, injuries, and loss of life. Improved data sharing might enhance public alerts and evacuations.
- International Relations: The ban on foreign UAS procurement could limit reliance on certain international suppliers (e.g., from China), promoting domestic or allied tech but potentially straining trade ties with restricted nations. No direct impacts on diplomacy are specified.
Main Stakeholders Affected
- NASA and Federal Agencies: Primary implementer (NASA) and collaborators (e.g., Federal Emergency Management Agency, U.S. Forest Service).
- State and Local Governments: Involved in multi-agency operations and benefiting from improved coordination.
- Commercial and Academic Partners: Companies in aerospace/drone tech and universities contributing to R&D.
- Wildfire Response Teams: Firefighters and emergency personnel gaining from better aerial tools and situational awareness.
- Congressional Committees: Oversee progress through reports and waivers.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces national security by restricting foreign tech in critical infrastructure (wildfire response), aligning with broader U.S. policies on supply chain risks without infringing on NASA's operational flexibility via waivers. Definitions draw from existing laws (e.g., UAS under federal aviation code), ensuring consistency.
- Constitutional: Supports the federal government's role in interstate disaster management under the Commerce Clause, with no apparent conflicts to free speech, privacy, or due process—though UAS use could raise future surveillance concerns if expanded.
- Political: Highlights bipartisan priorities in disaster resilience amid rising wildfire frequency due to climate change. Annual reporting promotes accountability, but the 2030 sunset clause limits long-term commitment, potentially requiring future reauthorization.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Rep. McClellan, Jennifer L. [D-VA-4], Rep. Whitesides, George [D-CA-27], Rep. Obernolte, Jay [R-CA-23], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Carbajal, Salud O. [D-CA-24], Rep. Harder, Josh [D-CA-9], Rep. Neguse, Joe [D-CO-2]
Recent Actions
- 2026-02-24: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2026-02-23: The title of the measure was amended. Agreed to without objection.
- 2026-02-23: Motion to reconsider laid on the table Agreed to without objection.
- 2026-02-23: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2241)
- 2026-02-23: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2241)
- 2026-02-23: DEBATE - The House proceeded with forty minutes of debate on H.R. 390.
- 2026-02-23: Considered under suspension of the rules. (consideration: CR H2241-2242)
- 2026-02-23: Mr. Babin moved to suspend the rules and pass the bill, as amended.
- 2026-02-20: Placed on the Union Calendar, Calendar No. 427.
- 2026-02-20: Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 119-501.
- 2026-02-20: Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 119-501.
- 2025-06-11: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 34 - 0.
- 2025-06-11: Committee Consideration and Mark-up Session Held
- 2025-01-14: Referred to the House Committee on Science, Space, and Technology.
- 2025-01-14: Introduced in House
Bill Versions
- Advanced Capabilities for Emergency Response Operations Act — issued 2026-02-23 — PDF (8 pages)
- Advanced Capabilities for Emergency Response Operations Act — issued 2025-01-14 — PDF (5 pages)
- Advanced Capabilities for Emergency Response Operations Act — issued 2026-02-24 — PDF (6 pages)
- Advanced Capabilities for Emergency Response Operations Act — issued 2026-02-20 — PDF (8 pages)