Washington — Sen. Tom Cotton is pushing new legislation to grant operators of the nation's most sensitive infrastructure the authority to defend against and stop potentially hostile drones in real time, arguing that current law leaves our power grid and wastewater plants, along with other high-risk sites exposed to emerging aerial threats.

The bill, dubbed the "Critical Infrastructure Airspace Defense Act," would allow certain private-sector operators — after federal training and certification — to detect, track and mitigate unauthorized drones posing a "credible threat" to designated facilities. The bill aims to close what lawmakers and security officials describe as a persistent gap in U.S. counter-drone policy: private owners are responsible for securing critical sites but often lack the legal authority to strike back against airborne threats.

"Our hospitals, power plants, water treatment facilities, and other critical infrastructure sites can't remain sitting ducks," Cotton said in a statement shared with CBS News. 

The legislation builds on bipartisan counter-drone provisions included in the fiscal 2026 National Defense Authorization Act and reflects growing concern in Washington over how inexpensive, commercially available drones could be weaponized against key domestic targets.

What the bill would do

At its core, the bill extends limited counter-unmanned aircraft system — or counter-UAS — authority beyond only federal agencies and some state and local law enforcement to include a subset of private infrastructure operators, under federal oversight.

Key provisions

Owners and operators of designated "covered critical infrastructure facilities" — or their trained security personnel — could take action against drones that pose a credible threat, including disruption, seizure or destruction, consistent with existing federal counter-UAS guidance. The legislation defines covered facilities as those designated by DHS as "high risk," including at minimum nuclear plants, key substations and bulk-power system control centers — signaling a particular focus on the electric grid.

The Department of Homeland Security would establish a certification program within 180 days, in coordination with the Federal Aviation Administration, Energy Department and other agencies. Only federally trained individuals using approved technology would be able to exercise this new authority.

The bill would authorize $250 million over five years for infrastructure operators to purchase and deploy federally approved counter-drone systems.

Operators and personnel acting under the authority would receive legal liability protections, except in circumstances of gross negligence or willful misconduct.

DHS would be required to submit regular reports to Congress, including classified assessments of how the authority is being used.

The authority would expire in 2031 unless it's renewed by Congress.

A narrow expansion

While critical infrastructure ranges across sectors, from hospitals to dams, the bill itself is more tightly scoped. It gives DHS discretion to designate facilities but establishes a baseline focused on the energy sector, long considered by experts to rank among the most vulnerable and consequential targets for drone attacks. 

Under current law, most counter-drone authorities are limited to federal agencies such as DHS and the Justice Department, with some roles for state and local law enforcement. Private entities, even those responsible for critical infrastructure, generally can't interfere with drones due to federal aviation and communications laws.

Real-world incidents drive concern

The push for expanded authority follows a series of incidents and warnings underscoring the potential for drones to target critical infrastructure.

In one of the most cited cases, federal investigators examined a 2020 incident in Pennsylvania in which a drone crashed near an electric substation. According to a joint intelligence bulletin, the device appeared to have been modified in a way that could have caused a short circuit and disrupted electrical equipment — the first known instance of a drone specifically configured to target U.S. energy infrastructure.

In late 2024, a series of drone sightings in New Jersey drew public concern and federal scrutiny. The White House later said there was no evidence of a national security threat but acknowledged the episode exposed limitations in authorities to track and respond to unidentified drones near sensitive locations.

Since then, officials have also warned that even unsophisticated drones can pose serious risks. Small unmanned aircraft can be used for surveillance, to deliver explosives, or to interfere with operations at sensitive sites. Their low cost, wide availability and ease of modification have transformed them into one of the most prevalent concerns for homeland security planners.

The Cybersecurity and Infrastructure Security Agency has previously issued guidance warning that drones can present both physical and cyber risks to critical infrastructure and has urged operators to improve detection and response capabilities.

Industry groups representing utilities and other infrastructure operators generally support expanded authority, arguing they're on the front lines of potential threats. Civil liberties organizations and some aviation stakeholders, however, have pushed back, warning that poorly regulated counter-drone measures may create new privacy risks.

The new bill underscores a persistent and growing question facing Congress: namely, how quickly — and how broadly — to empower those responsible for keeping the lights on to defend themselves from attacks.