Section 1 Short title
This Act may be cited as the “Counter Drone State and Local Defender Act”.
Counter Drone State and Local Defender Act
A BILL
To authorize counter-unmanned aircraft system authorities for State, local, territorial, and Tribal law enforcement, and for other purposes.
Sec. 2 FAA counter-UAS activities
In general— Chapter 448 of title 49, United States Code, is amended by adding at the end the following:
“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.”
Clerical amendment— The analysis for chapter 448 of title 49, United States Code, is amended by adding at the end the following:
Sec. 3 Pilot programs and permanent authorization for State, local, Tribal, and territorial law enforcement
General authority—
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.
Rulemaking and guidance— Upon termination of the pilot program established under subsection (b), the Administrator, shall—
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
incorporate findings from the pilot program established under subsection (c)(1) in such appropriate policies, procedures, protocols, and regulations.
General pilot program for State, local, Tribal, and territorial law enforcement—
Establishment—
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.
Coordination— In designating a law enforcement agency under subparagraph (A), the Administrator shall consult with the respective chief executive officer of such agency.
Designation process—
Number of agencies and duration—
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.
Limitation— Not more than 4,000 agencies may be designated during the 3-year period of the pilot program established under paragraph (1).
Revocation— The Administrator may revoke a designation made under subparagraph (A) for good cause.
Termination—
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.
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).
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.
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.
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—
approve counter-UAS mitigation systems, equipment, or technology for use by a law enforcement agency pursuant to this subsection; and
establish criteria for training of law enforcement agencies to use such systems to take actions authorized pursuant to paragraph (4).
Restrictions— A law enforcement agency exercising an authority granted under this subsection—
may only use equipment approved by the Administrator pursuant to paragraph (6)(A);
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);
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
shall comply with any additional guidance relating to compliance with this subsection issued by the Administrator.
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).
Application—
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.
Requirements— The application described in subparagraph (A) shall contain—
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;
a plan for the acquisition, deployment, and operation of such counter-UAS mitigation system, equipment, or technology, that shall—
be subject to the approval of the Administrator; and
include—
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
a description of the time periods and dates during which the counter-UAS mitigation system, equipment, or technology will primarily be operated;
a list of proposed covered facilities or assets within the applicant’s jurisdiction developed in coordination with the chief executive of such jurisdiction;
proof of training programs and operational protocols for the operation of counter-UAS mitigation system, equipment, or technology;
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
any other application requirement the Administrator determine to be appropriate.
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.
Special 2026 FIFA World Cup pilot program for State, local, Tribal, and territorial law enforcement—
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 Féderation 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.
Designation process—
Coordination with chief executive of host city—
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).
Limitation— Not more than 40 agencies may be designated at any time during the duration of the pilot program established under paragraph (1).
Revocation— The Administrator may revoke a designation made under subparagraph (A) for good cause.
Termination—
Designation— The authority to designate an agency for inclusion in the pilot program established under paragraph (1) shall terminate on September 30, 2026.
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).
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).
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.
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—
approve counter-UAS mitigation systems, equipment, or technology for use by a law enforcement agency pursuant to this subsection; and
establish criteria for training of law enforcement agencies to use such systems to take actions authorized pursuant to paragraph (4).
Restrictions— A law enforcement agency exercising an authority granted under this subsection—
may only use equipment approved by the Administrator pursuant to paragraph (6)(A);
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);
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
shall comply with any additional guidance relating to compliance with this subsection issued by the Administrator.
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.
Application—
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.
Requirements— The application described in subparagraph (A) shall contain—
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;
a plan for the acquisition, deployment, and operation of such counter-UAS mitigation system, equipment, or technology, that shall—
be subject to the approval of the Administrator; and
include—
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
a description of the time periods and dates during which the counter-UAS mitigation system, equipment, or technology will primarily be operated;
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;
proof of training programs and operational protocols for the operation of counter-UAS mitigation system, equipment, or technology;
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
any other requirements the Administrator determines to be appropriate.
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).
Permanent authorization—
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.
Registration requirements— The registration required under paragraph (1) shall contain—
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
a plan for the acquisition, deployment, and operation of such counter-UAS mitigation system, equipment, or technology, that—
is subject to the approval of the Administrator;
includes a description of the covered facilities or assets at which the counter-UAS mitigation system, equipment, or technology will be deployed and operated;
includes a description of the time periods and dates during which the counter-UAS mitigation system, equipment, or technology will primarily be operated;
contains a certification by the chief executive of the jurisdiction in which the registrant operates that—
sets forth a list of all covered facilities or assets within the chief executive’s jurisdiction; and
all uses of the authority designated under subsection (d)(1) shall be promptly reported in accordance with the procedures promulgated by the Administrator;
contains proof of training programs and operational protocols for the operation of counter-UAS mitigation system, equipment, or technology; and
any other requirements the Administrator determine to be appropriate.
Definitions—
Application of terms— Unless otherwise specified, the terms in section 44801 of title 49, United States Code, shall apply to this section.
Terms— In this section:
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.
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.
State— The term “State” means a State, the District of Columbia, and a territory or possession of the United States.