S 4380 — Critical Infrastructure Airspace Defense Act

Summary

The Critical Infrastructure Airspace Defense Act aims to improve protections for important facilities, like power plants and transportation hubs, against potential threats from the air. The bill is currently under review by a committee that focuses on homeland security issues.

Bill Text

• Introduced Introduced in Senate Current html April 22, 2026

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill grants private owners of critical infrastructure the authority to use counter-unmanned aircraft system technologies to mitigate threats from unmanned aircraft.

• 6 U.S.C. 124n

  (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.

  This addition allows private infrastructure owners to act against threats from unmanned aircraft systems.

• 6 U.S.C. 124n

  (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.

  This establishes a forfeiture process for unmanned aircraft systems seized by private owners under new authority.

• 6 U.S.C. 124n

  counter-UAS → counter-unmanned aircraft system

  This change clarifies the terminology used for countermeasures against unmanned aircraft systems.

• 6 U.S.C. 124n

  (3) → (4)

  This reorganizes the paragraphs for clarity in the regulations.

• 6 U.S.C. 124n

  (3) Critical infrastructure training and certification.--

  This new paragraph establishes training and certification requirements for personnel authorized to use the new authority.

• 6 U.S.C. 124n

  (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.

  This definition clarifies what constitutes a 'covered critical infrastructure facility' under the new authority.

• 6 U.S.C. 124n

  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.

  This provides liability protection for actions taken by private owners under the new authority.

Action History

1. April 22, 2026

   Introduced in Senate

2. April 22, 2026

   Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

• Tom Cotton · Primary

Subjects