USCP Empowerment Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3334 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3334

   To authorize the United States Capitol Police to take action with
   respect to threats from unmanned aircraft systems, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2025

Mr. Crane (for himself, Mr. Perry, and Mr. Moore of Alabama) introduced
   the following bill; which was referred to the Committee on House
Administration, and in addition to the Committees on Transportation and
  Infrastructure, and 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 the United States Capitol Police to take action with
   respect to threats from unmanned aircraft systems, 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 ``USCP Empowerment Act of 2025''.

SEC. 2. AUTHORITY OF UNITED STATES CAPITOL POLICE WITH RESPECT TO
              UNMANNED AIRCRAFT AND UNMANNED AIRCRAFT SYSTEMS.

    (a) Authority.--Notwithstanding section 46502 of title 49, United
States Code, or sections 32, 1030, and 1367 and chapters 119 and 206 of
title 18, United States Code, the Capitol Police Board may take, and
may authorize personnel in the United States Capitol Police with
assigned duties that include the security or protection of people,
facilities, or assets to take, such actions as are described in
subsection (b)(1) that are necessary to mitigate a credible threat, as
defined by the Capitol Police Board, that an unmanned aircraft system
poses to the safety or security of a covered Capitol Police facility or
asset.
    (b) Actions Described.--
            (1) In general.--The actions authorized in subsection (a)
        are the following:
                    (A) During the operation of the unmanned aircraft
                system, detect, identify, monitor, and track the
                unmanned aircraft system, without prior consent,
                including by means of intercept or other access of a
                wire communication, an oral communication, or an
                electronic communication used to control the unmanned
                aircraft system.
                    (B) Warn the operator of the unmanned aircraft
                system, including by passive or active, and direct or
                indirect physical, electronic, radio, and
                electromagnetic means.
                    (C) Disrupt control of the unmanned aircraft
                system, without prior consent, including by disabling
                the unmanned aircraft system by intercepting,
                interfering, or causing interference with wire, oral,
                electronic, or radio communications used to control the
                unmanned aircraft system.
                    (D) Seize or exercise control of the unmanned
                aircraft system.
                    (E) Seize or otherwise confiscate the unmanned
                aircraft system.
                    (F) Use reasonable force, if necessary, to disable,
                damage, or destroy the unmanned aircraft system.
            (2) Required coordination.--
                    (A) In general.--The Capitol Police Board shall
                develop the actions described in paragraph (1) in
                coordination with the Secretary of Transportation.
                    (B) Federal aviation administration.--The Capitol
                Police Board shall coordinate with the Administrator of
                the Federal Aviation Administration when any action
                authorized by this section may affect aviation safety,
                civilian aviation or aerospace operations, aircraft
                worthiness, or the use of the airspace.
            (3) Research, testing, training, and evaluation.--The
        Capitol Police Board may conduct research, testing, training
        on, or evaluation of any equipment, including any electronic
        equipment, to determine the capability or utility of the
        equipment prior to the use of the equipment or the technology
        included in the equipment for any action described in
        subsection (b)(1).
    (c) Forfeiture.--Any unmanned aircraft system described in
subsection (a) seized pursuant to this section is subject to forfeiture
to the United States.
    (d) Regulations and Guidance.--
            (1) In general.--In coordination with the Secretary of
        Transportation, the Capitol Police Board may prescribe
        regulations and shall issue guidance to carry out this Act.
            (2) Federal aviation administration.--The Capitol Police
        Board shall coordinate with the Administrator of the Federal
        Aviation Administration to issue any guidance or otherwise
        implement this section if such guidance or implementation may
        affect aviation safety, civilian aviation or aerospace
        operations, aircraft airworthiness, or the use of airspace.
    (e) Privacy Protection.--The regulations or guidance issued to
carry out the actions authorized under subsection (b) shall ensure
that--
            (1) 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;
            (2) communications to or from an unmanned aircraft system
        are intercepted or acquired only to the extent necessary to
        support an action described in subsection (b)(1);
            (3) records of such communications are maintained only for
        as long as necessary, and in no event for more than 180 days,
        unless the Capitol Police Board determines that maintenance of
        such records is necessary to investigate or prosecute a
        violation of law, directly support an ongoing security
        operation, is required under Federal law, or for the purpose of
        any litigation;
            (4) such communications are not disclosed outside the
        United States Capitol Police unless the disclosure--
                    (A) is necessary to investigate or prosecute a
                violation of law;
                    (B) would 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 (b)(1); or
                    (C) is otherwise required by law; and
            (5) to the extent necessary, the United States Capitol
        Police may share threat information, which shall not include
        communications referred to in subsection (b), with State,
        local, territorial, or tribal law enforcement agencies in the
        course of a security or protection operation.
    (f) Report to Congress.--
            (1) In general.--Not later than 6 months after the date of
        the enactment of this section, and every 6 months thereafter,
        the Chief of the Capitol Police, or another individual
        designated by the Capitol Police Board, shall provide to the
        appropriate congressional committees a written report on the
        activities of the Capitol Police Board carried out under this
        section.
            (2) Content.--The report described in paragraph (1) shall
        include--
                    (A) policies, programs, and procedures to mitigate
                or eliminate impacts of such activities to the National
                Airspace System;
                    (B) a description of instances in which actions
                described in subsection (b)(1) have been taken,
                including all such instances that may have resulted in
                harm, damage, or loss to a person or to private
                property;
                    (C) a description of the guidance, policies, or
                procedures established to address privacy, civil
                rights, and civil liberties issues implicated by the
                actions allowed under this section, as well as any
                changes or subsequent efforts that would significantly
                affect privacy, civil rights or civil liberties;
                    (D) a description of options considered and steps
                taken to mitigate any identified impacts to the
                national airspace system related to the use of any
                system or technology, including the minimization of the
                use of any technology that disrupts the transmission of
                radio or electronic signals, for carrying out the
                actions described in subsection (b)(1);
                    (E) a description of instances in which
                communications intercepted or acquired during the
                course of operations of an unmanned aircraft system
                were held for more than 180 days or shared outside of
                the United States Capitol Police;
                    (F) how the Capitol Police Board has--
                            (i) informed the public as to the possible
                        use of authorities under this section; and
                            (ii) engaged with Federal, State, and local
                        law enforcement agencies to implement and use
                        such authorities; and
                    (G) a description of any new technology or
                equipment deployed by the Capitol Police Board to carry
                out the actions described in subsection (b)(1) and the
                options considered to mitigate any identified impacts
                to the national airspace system related to the use of
                the technology or equipment.
            (3) Unclassified form.--The report described in paragraph
        (1) shall be in unclassified form, but may be accompanied by an
        additional classified annex.
    (g) Rules of Construction.--
            (1) Nothing in this section may be construed to vest in the
        Capitol Police Board any authority of the Secretary of
        Transportation or the Administrator of the Federal Aviation
        Administration.
            (2) Nothing in this section may be construed to vest in the
        Secretary of Transportation or the Administrator of the Federal
        Aviation Administration any authority of the Capitol Police
        Board.
    (h) Termination.--The authority to carry out this section with
respect to a covered Capitol Police facility or asset described in
subparagraph (C) of subsection (j)(2) shall terminate on the date
identified in section 210G(i) of the Homeland Security Act of 2002 (6
U.S.C. 124n).
    (i) Scope of Authority.--The Capitol Police Board may not operate
any other program to mitigate a credible threat posed by an unmanned
aircraft system other than the program under this section.
    (j) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the following:
                    (A) The Committee on House Administration of the
                House of Representatives.
                    (B) The Committee on Rules and Administration of
                the Senate.
            (2) Covered capitol police facility or asset.--The term
        ``covered Capitol Police facility or asset'' means--
                    (A) the Capitol Buildings as described in section
                5101 of title 40, United States Code;
                    (B) the United States Capitol Grounds as described
                in section 5102 of title 40, United States Code; or
                    (C) any area described in section 9A(a) of the Act
                entitled ``An Act to define the area of the United
                States Capitol Grounds, to regulate the use thereof,
                and for other purposes'', approved July 31, 1946 (2
                U.S.C. 1966(a)), as directed by the Capitol Police
                Board.
            (3) Electronic communication; intercept; oral
        communication; wire communication.--The terms ``electronic
        communication'', ``intercept'', ``oral communication'', and
        ``wire communication'' have the meaning given those terms in
        section 2510 of title 18, United States Code.
            (4) Unmanned aircraft system.--The term ``unmanned aircraft
        system'' has the meaning given such term in section 44801 of
        title 49, United States Code.
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