H.R. 9232

[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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