S. 4380 — Critical Infrastructure Airspace Defense Act

This section states congressional findings that (1) the North American electric grid and other critical infrastructure face growing threats from unmanned aircraft systems; (2) counter-unmanned aircraft systems activities are authorized for federal agencies and trained state, local, Tribal, and territorial law enforcement but not for private critical infrastructure owners and operators; and (3) prompt action is required to protect the bulk power system and other critical infrastructure.

This section authorizes owners or operators of covered critical infrastructure facilities (i.e., high-risk sites designated by the Secretary of Homeland Security in consultation with the Secretary of Energy, including at minimum nuclear generating stations, key substations, transformer stations, and control centers of the bulk power system)—or their designated security personnel or contractors—to mitigate credible threats from unmanned aircraft systems (UAS) or unmanned aircraft to such facilities' safety or security, notwithstanding specified federal criminal and aviation statutes (49 U.S.C. 46502; 18 U.S.C. §§32, 1030, 1367; 18 U.S.C. chs. 119, 206), subject to training and certification under new subsection (d)(3) and using only approved counter-UAS technologies. It further (1) subjects UAS seized under this authority to forfeiture under the laws of the seizing jurisdiction, per procedures established by the Secretary; (2) requires the Secretary of Homeland Security, in coordination with the Secretaries of Energy, Defense, and Transportation, the Attorney General, and the Federal Aviation Administration Administrator, to establish within 180 days of enactment a national certification program (potentially expanding the existing national schoolhouse) with standards for legal, operational, and technical proficiency, mandatory FAA coordination protocols, and reporting to congressional committees within one year of enactment and biannually thereafter (unclassified with classified annex) on training procedures, certified personnel, and related activities; and (3) terminates this authority on September 30, 2031. (As background, existing Section 210G of the Homeland Security Act of 2002 authorizes federal agencies to detect, identify, and mitigate UAS threats; this provision extends similar authorities to designated private critical infrastructure.) It also makes conforming and technical changes throughout the section, including cross-reference updates and definition additions and redesignations.

This section establishes a counter-unmanned aircraft systems grant program, administered by the Secretary of Homeland Security in coordination with the Secretary of Energy, to enable owners and operators of covered critical infrastructure facilities (as defined in new subsection (l)(3) of section 210G of the Homeland Security Act of 2002) to purchase, install, and operate approved counter-unmanned aircraft systems. The section authorizes $250 million for FY2027 through FY2031.

This section provides liability protection to owners, operators, and authorized personnel, as defined in new subsection (l) of section 210G of the Homeland Security Act of 2002, for actions taken under authorities granted in new subsection (a)(3) of that section. Such actions are deemed federal actions for liability purposes, and those persons are shielded from civil or criminal claims arising from the actions except in cases of gross negligence or willful misconduct.

This section directs the Secretary of Homeland Security, in coordination with the Secretary of Energy, the Attorney General, and the Administrator of the Federal Aviation Administration, to issue regulations and guidance to implement this Act—including procedures for real-time coordination with the national airspace system—not later than 180 days after the date of enactment.