Critical Infrastructure Airspace Defense Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9232 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9232

To grant authority to use counter-unmanned aircraft system technologies
to private owners of critical infrastructure facilities, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2026

 Mr. Van Epps introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on the Judiciary, and Homeland Security, 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 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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