S. 4380

119 S4380 IS: Critical Infrastructure Airspace Defense Act
 U.S. Senate
 2026-04-22
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4380  IN THE SENATE OF THE UNITED STATES   April 22, 2026   Mr. Cotton  introduced the following bill; which was read twice and referred to the  Committee on Homeland Security and Governmental Affairs    A BILL
To grant authority to use counter-unmanned aircraft system technologies to private owners of critical infrastructure facilities, and for other purposes.
1.
Short title
This Act may be cited as the   Critical Infrastructure Airspace Defense Act  .
2.
Findings
Congress finds the following:
(1)
The North American electric grid and other critical infrastructure sectors face growing threats from unmanned aircraft systems.
(2)
Counter-unmanned aircraft systems activities are authorized for Federal agencies and for trained State, local, Tribal, and territorial law enforcement, but private owners and operators of critical infrastructure lack clear statutory authority to independently detect, track, and mitigate in-flight unmanned aircraft systems threats.
(3)
Prompt action is required to close this gap and protect the reliability of the bulk power system and other critical infrastructure.
3.
Drone countermeasures for critical infrastructure owners and operators
Section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ) is amended—
(1)
in subsection (a), by adding at the end the following:
(3)
Authority of critical infrastructure owners and operators
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, and after completing the training and certification detailed in subsection (d)(3), any owner or operator of a covered critical infrastructure facility (or designated security personnel or contractors of such owner or operator) may, subject to subsection (d)(3), take, and authorize personnel to take, such actions as are described in subsection (b)(1) that are necessary to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered critical infrastructure facility.
 ;
(2)
in subsection (c), by adding at the end the following:
(3)
Critical infrastructure
Any unmanned aircraft system or unmanned aircraft seized pursuant to subsection (a)(3) shall be subject to forfeiture under the laws of the jurisdiction in which the seizure occurred, consistent with procedures established by the Secretary.
 ;
(3)
in subsection (d)—
(A)
in paragraph (2)(D), by striking  counter-UAS  each place it appears and inserting  counter-unmanned aircraft system ;
(B)
by redesignating paragraph (3) as paragraph (4); and
(C)
by inserting after paragraph (2) the following:
(3)
Critical infrastructure training and certification
(A)
Requirement
Only personnel who have been trained and certified by the Secretary (in coordination with the Secretary of Energy and the Administrator of the Federal Aviation Administration) may exercise the authorities granted under subsection (a)(3).
(B)
Procedures
Not later than 180 days after the date of enactment of the  Critical Infrastructure Airspace Defense Act , the Secretary, in coordination with the Secretary of Energy, the Attorney General, the Secretary of Defense, and the Secretary of Transportation, shall establish a national certification program, which may utilize or expand the national schoolhouse established under paragraph (2), that includes—
(i)
standards for legal, operational, and technical proficiency;
(ii)
use of only counter-unmanned aircraft system technologies included on the joint authorized list described in paragraph (2)(A)(iii); and
(iii)
mandatory coordination protocols with the Federal Aviation Administration to protect the national airspace system.
(C)
Reports
Not later than 1 year after the date of enactment of the  Critical Infrastructure Airspace Defense Act , and biannually thereafter, the Secretary, in coordination with the Secretary of Energy, the Attorney General, the Secretary of Defense, and the Secretary of Transportation, shall submit to the appropriate congressional committees an unclassified report with a classified annex on activities carried out by critical infrastructure owners and operators exercising the authority granted by subsection (a)(3) and subject to the training and certification requirements described in this paragraph, including—
(i)
a description of the training and certification procedures developed and implemented pursuant to this paragraph; and
(ii)
a list of personnel that applied for and were certified to exercise the authorities granted by subsection (a)(3).
 ;
(4)
in subsection (e), by striking  each Secretary  and inserting  the Secretary, the Secretary of Transportation ;
(5)
in subsection (g)(3), by striking  subsection (a)(2)  and inserting  paragraph (2) or (3) of subsection (a) ;
(6)
in subsection (h), by striking  subsection (k)(3)(C)(iii)  and inserting  subsection (l)(3)(C)(iii) ;
(7)
in subsection (j), by adding at the end the following:
(3)
Critical infrastructure authority
The authority relating to critical infrastructure facilities established under subsection (a)(3) shall terminate on September 30, 2031.
 ;
(8)
in subsection (k), by striking  subsection (k)(3)(C)(iii)  and inserting  subsection (l)(3)(C)(iii) ; and
(9)
in subsection (l)—
(A)
by striking paragraph (10);
(B)
by redesignating paragraphs (3), (4), (5), (6), (7), (8), and (9) as paragraphs (4), (6), (7), (8), (10), (9), and (5), respectively, and moving the paragraphs so as to appear in numerical order;
(C)
by inserting after paragraph (2) the following:
(3)
The term  covered critical infrastructure facility  means a critical infrastructure facility designated by the Secretary of Homeland Security, in consultation with the Secretary of Energy, as a high-risk site, including, at a minimum, nuclear generating stations, key substations, transformer stations, and control centers of the bulk power system.
 ;
(D)
in paragraph (6), as so redesignated, by striking  meaning  and inserting  meanings ;
(E)
in paragraph (8), as so redesignated, by adding at the end the following:
(C)
For purposes of subsection (a)(3), the term  personnel  means officers, employees, or contractors of the owner or operator of a covered critical infrastructure facility who are assigned duties that include the security or protection of the facility.
 ; and
(F)
in paragraph (10), as so redesignated, by striking the comma after  44801 .
4.
Critical infrastructure counter-unmanned aircraft system grant program
(a)
In general
The Secretary of Homeland Security, in coordination with the Secretary of Energy, shall establish a counter-unmanned aircraft system grant program for critical infrastructure owners and operators to purchase, install, and operate approved counter-unmanned aircraft systems.
(b)
Eligibility
Grants may be awarded to owners and operators of covered critical infrastructure facilities, as defined in subsection (l)(3) of section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ), as added by this Act.
(c)
Authorization of appropriations
There is authorized to be appropriated $250,000,000 for fiscal years 2027 through 2031 to carry out this section.
5.
Liability protection
Any action taken in accordance with the authorities granted under subsection (a)(3) of section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ), as added by this Act, shall be deemed to be a Federal action for purposes of liability protection, and no owner, operator, or authorized personnel, as defined in subsection (l) of such section 210G, as added by this Act, shall be liable for any civil or criminal claim arising from such authorized action, except in cases of gross negligence or willful misconduct.
6.
Rulemaking and implementation
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Energy, the Attorney General, and the Administrator of the Federal Aviation Administration, shall issue regulations and guidance to implement this Act, including procedures for real-time coordination with the national airspace system.