Senate Bill and FAA May Expand Airspace Protection and Counter Drone Options for Infrastructure Owners

Recent global conflicts and domestic security concerns have underscored the vulnerability of critical infrastructure to unmanned aircraft systems (UAS). A newly introduced Senate bill, together with a proposed Federal Aviation Administration (FAA) rule, could significantly expand the tools available to infrastructure owners and operators to deter and respond to credible drone-related threats.

The conflict in Ukraine and other recent events have demonstrated with extraordinary clarity that UAS can be used as instruments of surveillance, sabotage, intimidation, and destruction. Making matters worse, UAS are readily available and inexpensive in the civilian economy. Considering this democratization of air power capability—along with the vastness of the United States—one need not be an alarmist to see how critical infrastructure facilities may face immediate threats from UAS that federal or even local law enforcement would not be able to address before it is too late. The consequences of delay in such circumstances could impact vast segments of the population and pose a profound threat to national security.

In response to this reality, Senator Tom Cotton recently introduced the Critical Infrastructure Airspace Defense Act. The bill would authorize designated critical infrastructure owners and operators to use approved counter-drone technologies to mitigate credible UAS threats after completing federally established training and certification requirements. It would also create a $250 million grant program for counter-UAS systems, provide liability protection for authorized actions, and mandate regular reporting and oversight.

Shortly after Senator Cotton introduced his bill, the FAA published a proposed rule to establish a formal process through which owners and operators of critical infrastructure facilities may request unmanned aircraft flight restrictions (UAFRs) over fixed sites. The proposed rule would apply across numerous critical infrastructure sectors, including energy, communications, dams, chemical facilities, defense contractors, correctional facilities, emergency services, manufacturing, and major commercial venues. Violations of UAFRs could result in civil enforcement actions and, in certain cases, criminal penalties. The comment period for the proposed rule is open through July 6, 2026.

Taken together, the recently introduced bill and proposed FAA rule would create layered deterrence and mitigation measures to enhance homeland infrastructure security. In practical terms, the rule would allow for the establishment of virtual no-trespassing zones in the airspace above infrastructure facilities, while the bill would permit those sites to protect themselves from malicious UAS activity in real time.

If you have questions about the Critical Infrastructure Airspace Defense Act, the FAA’s proposed unmanned aircraft flight restrictions rule, or how these developments may affect your organization, please contact Woods Rogers Principal C. Carter Lee at carter.lee@woodsrogers.com.