[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7525 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7525
To authorize counter-unmanned aircraft system authorities for State,
local, territorial, and Tribal law enforcement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2026
Mr. Burlison introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize counter-unmanned aircraft system authorities for State,
local, territorial, and Tribal law enforcement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counter Drone State and Local
Defender Act''.
SEC. 2. FAA COUNTER-UAS ACTIVITIES.
(a) In General.--Chapter 448 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44815. State, Local, and Tribal law enforcement counter drone
programs
``(a) Authority.--
``(1) In general.--The Administrator of the Federal
Aviation Administration may take such actions as described in
paragraph (2) that are necessary to--
``(A) detect or mitigate a credible threat that an
operation of an unmanned aircraft or an unmanned
aircraft system poses to the safe and efficient
operation of the national airspace system; or
``(B) test or evaluate the potential adverse
impacts or interference of a counter-UAS detection or
mitigation system, equipment, or technology on or with
safe airport operations, aircraft navigation, air
traffic services, or the safe and efficient operation
of the national airspace system, or in conjunction with
State, local, territorial, or Tribal law enforcement
activities.
``(2) Authorized actions.--In carrying out paragraph (1),
the Administrator may take the following actions:
``(A) Detect, identify, monitor, and track an
unmanned aircraft system or unmanned aircraft, without
prior consent from the operator of such system or
aircraft, including by means of intercept or other
access of a wire, oral, or electronic communication
used to control the unmanned aircraft system or
unmanned aircraft.
``(B) Contact or warn the operator of an unmanned
aircraft system of a potential counter-UAS action
authorized under this subsection.
``(C) Seize, exercise control of, or otherwise
confiscate an unmanned aircraft system or unmanned
aircraft.
``(D) Disrupt control of, disable, damage, or
destroy an unmanned aircraft or unmanned aircraft
system, in coordination with any Federal, State, local,
Tribal, or territorial law enforcement agencies,
including by means of intercept or other access of a
wire, oral, or electronic communication used to control
the unmanned aircraft or unmanned aircraft system.
``(E) Administer the authorities for State, local,
Tribal, or territorial law enforcement agencies set
forth herein.
``(b) Applicability of Other Laws.--
``(1) In general.--Section 46502 of this title or sections
32, 1030, and 1367 and chapters 119 and 206 of title 18 shall
not apply to activities authorized by the Administrator
pursuant to this section.
``(2) Privacy protection.--In implementing the requirements
of this section, the Administrator shall ensure that--
``(A) the interception or acquisition of, or access
to, or maintenance or use of, communications to or from
an unmanned aircraft system under this section is
conducted in a manner consistent with the First and
Fourth Amendments to the Constitution of the United
States and applicable provisions of Federal law;
``(B) communications to or from an unmanned
aircraft system are intercepted or acquired only to the
extent necessary to support an action as described
under subsection (a)(2);
``(C) records of such communications are disposed
of immediately following herein authorized activity to
mitigate a credible threat, unless the Administrator
determines that maintenance of such records--
``(i) is necessary to investigate or
prosecute a violation of law;
``(ii) would directly support the
Department of Defense, a Federal law
enforcement agency, or 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 (a)(2);
``(iii) is to or from the Administrator in
the course of a security or protection
operation of either agency or a joint operation
of such agencies; or
``(iv) is otherwise required by law; and
``(D) to the extent necessary, the Administrator is
authorized to share threat information, which shall not
include communications described in this subsection,
with State, local, territorial, or Tribal law
enforcement agencies in the course of a security or
protection operation.''.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, is amended by adding at the end the following:
``44815. Counter-UAS activities.''.
SEC. 3. PILOT PROGRAMS AND PERMANENT AUTHORIZATION FOR STATE, LOCAL,
TRIBAL, AND TERRITORIAL LAW ENFORCEMENT.
(a) General Authority.--
(1) Establishment.--The Administrator of the Federal
Aviation Administration, shall establish pilot programs to
assess the efficacy of approved counter-UAS mitigation systems
at covered facilities or assets and determine the appropriate
policies, procedures, and protocols necessary to allow State,
local, Tribal, and territorial law enforcement agencies to
acquire, deploy, and operate approved counter-UAS mitigation
systems and mitigate unauthorized UAS operations.
(2) Rulemaking and guidance.--Upon termination of the pilot
program established under subsection (b), the Administrator,
shall--
(A) promulgate appropriate policies, procedures,
protocols, and regulations necessary to permanently
authorize State, local, Tribal, and territorial law
enforcement agencies to acquire, deploy, and operate
approved counter-UAS mitigation systems and mitigate
unauthorized UAS operations to protect a covered
facility or asset; and
(B) incorporate findings from the pilot program
established under subsection (c)(1) in such appropriate
policies, procedures, protocols, and regulations.
(b) General Pilot Program for State, Local, Tribal, and Territorial
Law Enforcement.--
(1) Establishment.--
(A) In general.--The Administrator shall establish
a pilot program under which the Administrator may
designate and authorize State, local, Tribal, or
territorial law enforcement agencies to engage in the
activities authorized under paragraph (4) under the
direct oversight of the Federal Aviation
Administration.
(B) Coordination.--In designating a law enforcement
agency under subparagraph (A), the Administrator shall
consult with the respective chief executive officer of
such agency.
(2) Designation process.--
(A) Number of agencies and duration.--
(i) In general.--On and after the date that
is 60 days after the date of enactment of this
Act, the Administrator shall, upon written
request by an agency described in paragraph
(1), designate not more than 1,000 State,
local, Tribal, and territorial law enforcement
agencies for participation in the first year of
the pilot program established under such
paragraph, and shall designate not more than
3,000 additional such agencies the subsequent
year.
(ii) Limitation.--Not more than 4,000
agencies may be designated during the 3-year
period of the pilot program established under
paragraph (1).
(B) Revocation.--The Administrator may revoke a
designation made under subparagraph (A) for good cause.
(3) Termination.--
(A) Designation.--The authority to designate an
agency for inclusion in the pilot program established
under paragraph (1) shall terminate 3 years after the
date that is 60 days after the date of enactment of
this Act.
(B) Authority of agencies.--The authority of an
agency designated under the pilot program established
under paragraph (1) to exercise any of the authorities
described in paragraph (4) shall terminate not later
than 3 years after the date that is 60 days after the
date of enactment of this Act or upon revocation
pursuant to paragraph (2)(B).
(4) Activities authorized.--Notwithstanding section 46502
of title 49, United States Code, or sections 32, 1030, 1367,
and chapters 119 and 206 of title 18, United States Code, any
State, local, Tribal, or territorial law enforcement agency
designated pursuant to paragraph (2) may authorize personnel
employed by such law enforcement agency with assigned duties
that include the safety, security, or protection of people or
covered facilities or assets to use counter-UAS mitigation
systems that have been approved pursuant to paragraph (6)(A),
to take such actions that are necessary to detect, identify,
monitor, track, or mitigate a credible threat (as defined by
the Administrator) that an unmanned aircraft system or unmanned
aircraft poses to the safety or security of a covered facility
or asset.
(5) Notification.--Not later than 1 year after the date on
which the first law enforcement agency is designated pursuant
to paragraph (2), and every 6 months thereafter for the
duration of the pilot program established under paragraph (1),
the Administrator shall inform the specified committees of
Congress in writing of the use by any State, local, Tribal, or
territorial law enforcement agency of any authority granted
pursuant to this subsection, including a description of any
privacy or civil liberties complaints known to the
Administrator in connection with the use of such authority by
such agency.
(6) Approval of equipment and training criteria.--The
Administrator shall consult with the Chairman of the Federal
Communications Commission and the Assistant Secretary of
Commerce for Communications and Information of the National
Telecommunications and Information Administration to--
(A) approve counter-UAS mitigation systems,
equipment, or technology for use by a law enforcement
agency pursuant to this subsection; and
(B) establish criteria for training of law
enforcement agencies to use such systems to take
actions authorized pursuant to paragraph (4).
(7) Restrictions.--A law enforcement agency exercising an
authority granted under this subsection--
(A) may only use equipment approved by the
Administrator pursuant to paragraph (6)(A);
(B) shall, prior to exercising such authority,
issue a written policy certifying compliance with the
privacy protections described in section 44815(b)(2) of
title 49, United States Code (as added by this Act);
(C) shall ensure that all personnel undertaking any
actions described in paragraph (4) are properly trained
in accordance with the criteria established pursuant to
paragraph (6)(B); and
(D) shall comply with any additional guidance
relating to compliance with this subsection issued by
the Administrator.
(8) Use of funds.--Notwithstanding any other provision of
law, any State, local, Tribal, and territorial law enforcement
agency designated pursuant to paragraph (2) may apply for
funding from existing law enforcement focused grant programs in
order to support the acquisition, deployment, training, and
operation of a counter-UAS mitigation system, equipment, or
technology approved pursuant to paragraph (6)(A).
(9) Application.--
(A) In general.--Not later than 60 days after the
date of enactment of this Act, the Administrator, in
consultation with the head of any Federal agency the
Administrator determines appropriate, shall establish
an application process for participation in the pilot
program established under this subsection.
(B) Requirements.--The application described in
subparagraph (A) shall contain--
(i) an explanation of how the applicant
intends to use approved counter-UAS mitigation
system, equipment, or technology to mitigate
potential credible threats posed by unmanned
aircraft systems;
(ii) a plan for the acquisition,
deployment, and operation of such counter-UAS
mitigation system, equipment, or technology,
that shall--
(I) be subject to the approval of
the Administrator; and
(II) include--
(aa) a description of the
covered facility or asset at
which the counter-UAS
mitigation system, equipment,
or technology will be primarily
deployed and operated; and
(bb) a description of the
time periods and dates during
which the counter-UAS
mitigation system, equipment,
or technology will primarily be
operated;
(iii) a list of proposed covered facilities
or assets within the applicant's jurisdiction
developed in coordination with the chief
executive of such jurisdiction;
(iv) proof of training programs and
operational protocols for the operation of
counter-UAS mitigation system, equipment, or
technology;
(v) a certification by the chief executive
of the jurisdiction in which the applicant
operates and the applicant's chief law
enforcement officer that all uses of the
authority described in paragraph (4) shall be
reported not later than 180 days after such use
to the Administrator or in accordance with the
procedures promulgated by the Administrator;
and
(vi) any other application requirement the
Administrator determine to be appropriate.
(10) Pilot program funding.--There is authorized to be used
from any existing grant programs for law enforcement, anti-
terrorism, counter-unmanned aircraft security, and
transportation security in the Department of Transportation
and, upon approval from any other Federal agency or department
administering such similar appropriated accounts, such sums for
any fiscal years as the Secretary determines appropriate to
carry out the pilot program established under this subsection.
(c) Special 2026 FIFA World Cup Pilot Program for State, Local,
Tribal, and Territorial Law Enforcement.--
(1) In general.--The Administrator shall, establish a pilot
program under which the Administrator may designate 1 or more
State, local, Tribal, or territorial law enforcement agencies
in and around each of the American metropolitan cities hosting
tournament matches for the 2026 Federation Internationale de
Football Association World Cup (in this subsection referred to
as the ``FIFA World Cup'') to engage in the activities
described in paragraph (4) under the direct oversight of the
Federal Aviation Administration.
(2) Designation process.--
(A) Coordination with chief executive of host
city.--
(i) In general.--Immediately after the date
of enactment of this Act, the Secretary shall
coordinate with the chief executives of the
jurisdictions that will host a 2026 FIFA World
Cup tournament match to designate one or more
State, local, Tribal, or territorial law
enforcement agencies in and around such
jurisdiction for participation in the pilot
program established under paragraph (1).
(ii) Limitation.--Not more than 40 agencies
may be designated at any time during the
duration of the pilot program established under
paragraph (1).
(B) Revocation.--The Administrator may revoke a
designation made under subparagraph (A) for good cause.
(3) Termination.--
(A) Designation.--The authority to designate an
agency for inclusion in the pilot program established
under paragraph (1) shall terminate on September 30,
2026.
(B) Authority of agencies.--The authority of an
agency designated under the pilot program established
under paragraph (1) to exercise any of the authorities
described in paragraph (4) shall be in effect during
the period beginning on March 1, 2026, and ending on
September 30, 2026, or on the date on which a
designation is revoked or upon revocation pursuant to
paragraph (2)(B).
(4) Activities authorized.--Notwithstanding section 46502
of title 49, United States Code, or sections 32, 1030, 1367,
and chapters 119 and 206 of title 18, United States Code, any
State, local, Tribal, or territorial law enforcement agency
designated pursuant to paragraph (2) may authorize personnel
employed by such law enforcement agency with assigned duties
that include the safety, security, or protection of people or
covered facilities or assets to use counter-UAS mitigation
systems approved pursuant to paragraph (6)(A) to take such
actions that are necessary to detect, identify, monitor, track,
or mitigate a credible threat (as defined by the Administrator
that an unmanned aircraft system or unmanned aircraft poses to
the safety or security of a covered facility or asset).
(5) Notification.--Not later than 6 months after the
termination date described in paragraph (3), the Administrator
shall inform the specified committees of Congress in writing of
the use by any State, local, Tribal, or territorial law
enforcement agency of any authority granted pursuant to
paragraph (2), including a description of any privacy or civil
liberties complaints known to the Administrator in connection
with the use of such authority by such agency.
(6) Approval of equipment and training criteria.--The
Administrator shall consult with the Chairman of the Federal
Communications Commission and the Assistant Secretary of
Commerce for Communications and Information of the National
Telecommunications and Information Administration to--
(A) approve counter-UAS mitigation systems,
equipment, or technology for use by a law enforcement
agency pursuant to this subsection; and
(B) establish criteria for training of law
enforcement agencies to use such systems to take
actions authorized pursuant to paragraph (4).
(7) Restrictions.--A law enforcement agency exercising an
authority granted under this subsection--
(A) may only use equipment approved by the
Administrator pursuant to paragraph (6)(A);
(B) shall, prior to exercising such authority,
issue a written policy certifying compliance with the
privacy protections described in section 44815(b)(2) of
title 49, United States Code (as added by this Act);
(C) shall ensure that all personnel undertaking any
actions described in paragraph (4) are properly trained
in accordance with the criteria established pursuant to
paragraph (6)(B); and
(D) shall comply with any additional guidance
relating to compliance with this subsection issued by
the Administrator.
(8) Use of funds.--Any State, local, Tribal, and
territorial law enforcement agency designated pursuant to
paragraph (2) may apply for funding to support the acquisition,
deployment, training, and operation of an approved counter-UAS
mitigation system, equipment, or technology from the
Administrator.
(9) Application.--
(A) In general.--Not later than 15 days after the
date of enactment of this Act, the Administrator, in
consultation with the head of any Federal agency the
Administrator determines appropriate, shall establish
an application process for participation in the pilot
program established under this subsection.
(B) Requirements.--The application described in
subparagraph (A) shall contain--
(i) an explanation of how the applicant
intends to use approved counter-UAS mitigation
system, equipment, or technology to mitigate
potential credible threats posed by unmanned
aircraft systems to the 2026 FIFA World Cup
tournament match and surrounding festivities
hosted by their jurisdiction;
(ii) a plan for the acquisition,
deployment, and operation of such counter-UAS
mitigation system, equipment, or technology,
that shall--
(I) be subject to the approval of
the Administrator; and
(II) include--
(aa) a description of the
covered facility or asset
related to the 2026 FIFA World
Cup at which the counter-UAS
mitigation system, equipment,
or technology will be primarily
deployed and operated; and
(bb) a description of the
time periods and dates during
which the counter-UAS
mitigation system, equipment,
or technology will primarily be
operated;
(iii) a list of proposed covered facilities
or assets related to the 2026 FIFA World Cup
within the applicant's jurisdiction developed
in coordination with the chief executive of
such jurisdiction;
(iv) proof of training programs and
operational protocols for the operation of
counter-UAS mitigation system, equipment, or
technology;
(v) a certification by the chief executive
of the jurisdiction in which the applicant
operates and the applicant's chief law
enforcement officer that all uses of the
authority described in paragraph (4) shall be
related to the 2026 FIFA World Cup and reported
not later than 30 days after such use to the
Administrator or in accordance with the
procedures promulgated by the Secretary; and
(vi) any other requirements the
Administrator determines to be appropriate.
(10) Pilot program funding.--There is authorized to be used
from any existing grant programs for the 2026 FIFA World Cup or
law enforcement, anti-terrorism, counter-unmanned aircraft
security, and transportation security in the Department of
Transportation and, upon approval from any other Federal agency
or department administering such similar appropriated accounts,
such sums for any fiscal years as the Secretary determines
appropriate to carry out the pilot program established under
paragraph (1).
(d) Permanent Authorization.--
(1) In general.--Notwithstanding section 46502 of title 49,
United States Code, or sections 32, 1030, 1367, and chapters
119 and 206 of title 18, United States Code, on and after the
termination date described in subsection (b)(3), any State,
local, Tribal, or territorial law enforcement agency properly
registered with the Administrator may authorize personnel
employed by that law enforcement agency with assigned duties
that include the safety, security, or protection of people or
covered facilities or assets to use counter-UAS mitigation
systems approved pursuant to paragraph (6) of subsection (b) or
(c) to take such actions that are necessary to detect,
identify, monitor, track, or mitigate a credible threat (as
defined by the Administrator) that an unmanned aircraft system
or unmanned aircraft poses to the safety or security of a
covered facility or asset.
(2) Registration requirements.--The registration required
under paragraph (1) shall contain--
(A) an explanation of how the registrant intends to
use approved counter-UAS mitigation system, equipment,
or technology to mitigate potential credible threats
posed to unmanned aircraft systems; and
(B) a plan for the acquisition, deployment, and
operation of such counter-UAS mitigation system,
equipment, or technology, that--
(i) is subject to the approval of the
Administrator;
(ii) includes a description of the covered
facilities or assets at which the counter-UAS
mitigation system, equipment, or technology
will be deployed and operated;
(iii) includes a description of the time
periods and dates during which the counter-UAS
mitigation system, equipment, or technology
will primarily be operated;
(iv) contains a certification by the chief
executive of the jurisdiction in which the
registrant operates that--
(I) sets forth a list of all
covered facilities or assets within the
chief executive's jurisdiction; and
(II) all uses of the authority
designated under subsection (d)(1)
shall be promptly reported in
accordance with the procedures
promulgated by the Administrator;
(v) contains proof of training programs and
operational protocols for the operation of
counter-UAS mitigation system, equipment, or
technology; and
(vi) any other requirements the
Administrator determine to be appropriate.
(e) Definitions.--
(1) Application of terms.--Unless otherwise specified, the
terms in section 44801 of title 49, United States Code, shall
apply to this section.
(2) Terms.--In this section:
(A) Covered facilities or assets.--The term
```covered facility or asset'' means any facility or
asset in the United States that is identified as high-
risk and a potential target for unlawful unmanned
aircraft or unmanned aircraft system activity by the
chief executive of the jurisdiction in which a
designated State, local, Tribal, or territorial law
enforcement agency operates after review and approval
by the Administrator.
(B) Specified committees of congress.--The term
``specified committees of Congress'' means the
Committee on Transportation and Infrastructure and the
Committee on Commerce, Science, and Transportation of
the Senate.
(C) State.--The term ``State'' means a State, the
District of Columbia, and a territory or possession of
the United States.
<all>
Counter Drone State and Local Defender Act
#7525 | HR Congress #119
Policy Area: Transportation and Public Works
Subjects:
Last Action: Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (2/12/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text