PolicyBrief
H.R. 9232
119th CongressJun 9th 2026
Critical Infrastructure Airspace Defense Act
IN COMMITTEE

This bill grants certified private owners and operators of critical infrastructure the authority to use counter-drone technology to defend their facilities until September 30, 2031, and establishes a grant program to support these efforts.

Matt Van Epps
R

Matt Van Epps

Representative

TN-7

LEGISLATION

New Critical Infrastructure Airspace Defense Act Grants Private Companies Power to Down Drones Near Power Plants and Substations Through 2031

The Critical Infrastructure Airspace Defense Act shifts the power to police the skies from federal agents to the private companies that run our most vital services. This bill allows owners of high-risk sites—like nuclear plants, major power substations, and control centers—to use specialized technology to detect, track, and physically stop drones they believe pose a 'credible threat.' To do this, companies must put their security teams through a new federal certification program, but once trained, these private employees gain the legal authority to jam signals or seize aircraft, actions that are currently restricted to government law enforcement.

Sky-High Security Standards

Under Section 3, the Secretary of Homeland Security will designate which sites are 'covered facilities.' If you work at a power plant or manage a tech-heavy utility, this means your security team could soon be eligible for a national training program that covers the legal and technical ropes of drone defense. The bill doesn't just give them a green light; it provides a massive safety net. Section 5 shields these companies and their workers from being sued or criminally prosecuted for interfering with an aircraft, provided they aren't 'grossly negligent.' It’s a major legal shift that treats a security guard’s actions as a federal action, effectively giving private industry a 'get out of jail free' card for protecting the grid.

The View from the Ground

For the average person, this change might feel invisible until it isn't. If you’re a hobbyist photographer or a commercial drone pilot inspecting a nearby construction site, flying too close to a 'covered' substation could result in your drone being seized or dropped out of the sky. The bill relies heavily on the term 'credible threat,' but it doesn't strictly define what that looks like. This vagueness means a security contractor might see your high-end camera drone as a potential bomb, while you just see a sunset. Because the bill bypasses traditional wiretapping and aircraft interference laws (Title 18), there’s very little recourse if your expensive gear is fried by a signal jammer.

Funding the Shield

Securing the sky isn't cheap, and the bill accounts for that with a $250 million grant program starting in 2027. This taxpayer-funded pot is designed to help utility companies buy and install the necessary tech to meet these new standards. While this helps ensure our power grid is protected from modern threats, it also means private companies are getting significant public upgrades to their security infrastructure. With the authority set to expire on September 30, 2031, the government is essentially running a decade-long experiment to see if private industry can handle the responsibility of policing the local airspace without causing chaos for legitimate pilots or the FAA.