H.R. 7525

[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.
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