A U.S. Senator introduced legislation aimed at strengthening defenses against drone threats targeting critical infrastructure, proposing to grant federally trained personnel at facilities such as power plants, nuclear sites, and pipelines the authority to detect and take down unauthorized drones in real time. The bill, known as the Critical Infrastructure Airspace Defense Act, would also establish a grant program to help operators deploy approved counter-drone technologies, reflecting growing concern that essential systems remain vulnerable to unmanned aerial threats under current legal constraints.
Brought in by Tom Cotton, an Arkansas Republican, the bill states that Congress finds the North American electric grid and other critical infrastructure sectors face growing threats from unmanned aircraft systems. While counter-drone activities are authorized for federal agencies and trained state, local, Tribal, and territorial law enforcement, private owners and operators of critical infrastructure lack clear statutory authority to independently detect, track, and mitigate in-flight drone threats. The bill argues that prompt action is needed to close this gap and protect the reliability of the bulk power system and other essential infrastructure.
The Critical Infrastructure Airspace Defense Act would give critical infrastructure sites the legal authority to take down unauthorized drones. It would also establish a grant program for critical infrastructure sites to purchase, install, and operate approved technology.
Critical infrastructure refers to the assets, systems, and networks, whether physical or virtual, that are so vital to the U.S. that their incapacitation or destruction would have a debilitating effect on national security, economic security, public health or safety, or any combination of these. These include power plants, nuclear sites, airports, pipelines, and dams.
“Our hospitals, power plants, water treatment facilities, and other critical infrastructure sites can’t remain sitting ducks for potential drone attacks,” Senator Cotton said in a recent media statement. “My bill will ensure these important sites are protected from all unauthorized drones.”
The bill requires that only personnel trained and certified by the Secretary may exercise the authorities granted under the act, with certification carried out in coordination with the Secretary of Energy and the Administrator of the Federal Aviation Administration (FAA).
It further directs the Secretary, within 180 days of enactment and in coordination with the Secretary of Energy, the Attorney General, the Secretary of Defense, and the Secretary of Transportation, to establish a national certification program. This program may build on or expand an existing national training schoolhouse and must set standards for legal, operational, and technical proficiency.
The program also mandates the use of only approved counter-drone technologies included on a jointly authorized list and requires clear coordination protocols with the FAA to ensure the protection of the national airspace system.
The bill requires the Secretary to submit a report to the appropriate congressional committees no later than one year after enactment of the Critical Infrastructure Airspace Defense Act, and every two years thereafter. The report must be unclassified, with a classified annex, and prepared in coordination with the Secretary of Energy, the Attorney General, the Secretary of Defense, and the Secretary of Transportation. It must detail activities carried out by critical infrastructure owners and operators exercising the authorities granted under the act, including a description of the training and certification procedures developed and implemented, as well as a list of personnel who applied for and received certification.
The Critical Infrastructure Airspace Defense legislation also makes a series of technical amendments to align references across subsections and clarify the scope of authorities. It specifies that the authority granted to critical infrastructure facilities will expire on September 30, 2031. In addition, the bill defines a ‘covered critical infrastructure facility’ as one designated by the Secretary of Homeland Security, in consultation with the Secretary of Energy, as a high-risk site. This includes, at a minimum, nuclear generating stations, key substations, transformer stations, and bulk power system control centers.
The bill further clarifies that ‘personnel’ refers to officers, employees, or contractors of a covered critical infrastructure facility who are assigned responsibilities related to its security or protection.
Cotton’s bill establishes a Critical Infrastructure Counter-Unmanned Aircraft System Grant Program to support defenses against drone threats. Under the provision, the Secretary of Homeland Security, in coordination with the Secretary of Energy, is required to create a grant program that enables critical infrastructure owners and operators to purchase, install, and operate approved counter-drone systems.
Eligibility for the grants is limited to owners and operators of covered critical infrastructure facilities, as defined in the legislation. To fund the program, the bill authorizes appropriations of US$250 million for fiscal years 2027 through 2031.
The bill also requires the Secretary of Homeland Security, within 180 days of enactment, to issue regulations and guidance to implement the Act. This must be done in coordination with the Secretary of Energy, the Attorney General, and the FAA administrator. The guidance must include procedures for real-time coordination with the national airspace system.
