[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4380 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4380
To grant authority to use counter-unmanned aircraft system technologies
to private owners of critical infrastructure facilities, and for other
purposes.
_______________________________________________________________________
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.
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 ``Critical Infrastructure Airspace
Defense Act''.
SEC. 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.
SEC. 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''.
SEC. 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.
SEC. 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.
SEC. 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.
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