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Senator Tom Cotton Proposes Legislation to Empower Critical Infrastructure Operators Against Drone Threats
Washington – Senator Tom Cotton has introduced a bill aimed at strengthening the defense of America’s most vital infrastructure against potentially hostile drones. The proposed “Critical Infrastructure Airspace Defense Act” seeks to grant authorized private-sector operators the ability to detect and neutralize unauthorized drones in real time, addressing what Cotton and security officials see as a significant vulnerability under current law.
Presently, private owners of key facilities such as power plants and wastewater treatment centers lack clear legal authority to counter airborne threats, despite being responsible for securing these sites. Cotton emphasized the urgency, stating, “Our hospitals, power plants, water treatment facilities, and other critical infrastructure sites can’t remain sitting ducks.”
Building on bipartisan counter-drone measures found in the fiscal 2026 National Defense Authorization Act, this legislation responds to increasing concern over how inexpensive, commercially available drones could be weaponized against essential domestic targets.
Key Features of the Bill
The bill proposes to extend limited counter-unmanned aircraft system (counter-UAS) authority beyond federal agencies and select law enforcement to certain private infrastructure operators, under strict federal oversight.
Operators of designated “covered critical infrastructure facilities”-which the Department of Homeland Security (DHS) would identify as “high risk” sites such as nuclear plants and key electric grid components-would be able to take defensive actions against drones posing credible threats. These actions include disrupting, seizing, or destroying unauthorized drones, aligned with existing federal counter-UAS guidelines.
Within 180 days of enactment, DHS, in collaboration with the Federal Aviation Administration, the Department of Energy, and other agencies, would establish a certification program. Only federally trained personnel using approved counter-drone technologies would be permitted to exercise this authority.
The legislation allocates $250 million over five years to help infrastructure operators acquire and deploy approved counter-drone systems. Additionally, operators acting under this authority would receive legal protections except in cases of gross negligence or willful misconduct.
DHS would also be required to provide regular reports to Congress, including classified assessments on the use of this authority. The new powers would sunset in 2031 unless renewed.
Focused Scope and Current Limitations
Though critical infrastructure spans multiple sectors, the bill chiefly focuses on the energy sector, which experts view as particularly vulnerable to drone attacks. Under existing regulations, counter-drone powers are largely reserved for federal agencies, with limited roles for state and local law enforcement. Private entities generally cannot interfere with drones due to federal aviation and communications laws.
Incidents Highlighting the Threat
This legislative push comes after several high-profile incidents and warnings that have spotlighted drone threats to critical infrastructure. Notably, a 2020 investigation revealed a drone crash near a Pennsylvania electric substation involved a device modified to potentially cause electrical disruptions-a first known case targeting U.S. energy infrastructure.
More recently, a series of drone sightings in New Jersey in late 2024 raised concerns and prompted federal review. While the White House found no direct national security threat, the events exposed gaps in current authority to effectively monitor and respond to unidentified drones near sensitive sites.
Officials caution that even unsophisticated drones pose risks ranging from surveillance to delivering explosives or disrupting operations. Their affordability, accessibility, and ease of modification make them a growing concern for homeland security.
Industry and Civil Liberties Perspectives
Utility and infrastructure industry groups generally support expanding counter-drone authority, citing their frontline role in protecting critical sites. However, civil liberties advocates and some aviation stakeholders express concern that insufficiently regulated counter-drone measures might infringe on privacy and civil rights.
This bill highlights the ongoing challenge facing lawmakers: determining the appropriate balance between empowering infrastructure operators to defend against drone threats while safeguarding broader legal and privacy considerations.