This bill authorizes the FAA to conduct counter-drone activities and establishes pilot programs, leading to permanent authorization for state and local law enforcement to use approved counter-UAS systems against credible drone threats.
Eric Burlison
Representative
MO-7
The Counter Drone State and Local Defender Act authorizes the FAA to conduct counter-drone activities to protect national airspace safety and allows state, local, Tribal, and territorial law enforcement agencies to use approved counter-UAS systems. This is established through a three-year pilot program, a special program for the 2026 FIFA World Cup, and a path to permanent authorization for registered agencies. The bill includes specific privacy protections and requires agencies to adhere to FAA oversight regarding equipment and training.
The Counter Drone State and Local Defender Act gives the Federal Aviation Administration (FAA) and local law enforcement the green light to take down drones they consider a threat to the sky. Under Section 2, the FAA can now monitor, intercept communications, and even physically seize or destroy a drone without the owner’s consent if they believe it poses a "credible threat" to airspace. This isn't just about federal agents; the bill sets up a massive expansion for local police, starting with a pilot program for up to 4,000 agencies and eventually moving to a permanent system where your local precinct can apply to run their own counter-drone tech.
The Digital Lasso If you’re a hobbyist flying a drone in your backyard or a photographer capturing a wedding, this bill changes the rules of the game. Section 2 specifically allows the government to intercept the radio signals between your controller and your drone. While the bill says they have to protect your privacy and delete those records once the threat is gone, there are big exceptions. If the data is needed for a "security operation" or an investigation, they can keep it. For a small business owner using drones for roof inspections or a filmmaker, this means your equipment and the data on it could be seized or disrupted if a local official decides your flight path is too close to a "high-risk" facility.
Local Cops, New Tech The bill doesn't just keep this power at the federal level; it pushes it down to your local police department. Section 3 kicks off a three-year pilot program, specifically highlighting a special security push for the 2026 FIFA World Cup. After the pilot, any local or Tribal police agency can get permanent authority to use these systems as long as they submit a plan to the FAA. The catch? The bill defines "covered facilities"—the places they are protecting—as almost anything a local chief executive deems "high-risk." This could mean anything from a stadium to a local government building, giving local authorities wide discretion on where they can jam or seize drones.
Privacy and the Fine Print While the goal is to keep the friendly skies safe from bad actors, the bill bypasses several existing privacy and computer fraud laws to make this happen. For example, it waives parts of Title 18 that usually protect against the destruction of aircraft or wiretapping. If you’re a tech-savvy citizen concerned about surveillance, the main safeguard here is a requirement for agencies to have a written privacy policy and for the FAA to report complaints to Congress every six months. However, because the term "credible threat" isn't strictly defined, the line between a dangerous pilot and a neighbor with a new gadget might get blurry in the real world.