Private companies get power to shoot down drones—with immunity
S. 4380 — Critical Infrastructure Airspace Defense Act · Filed by Tom Cotton (R-AR) · Introduced Apr 22, 2026 · Referred to committee
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What it does
This bill allows private owners and operators of critical infrastructure facilities (like power plants and electrical substations) to detect, track, and shoot down drones that threaten their facilities, provided they complete federal training and certification. The bill provides $250 million in grants for these companies to buy counter-drone systems and shields them from lawsuits for actions taken under this authority.
Why we flagged it
The bill's core function is to grant private critical infrastructure operators statutory authority to deploy counter-drone systems and take defensive actions against unmanned aircraft, with federal training, certification, and liability protection. This is a delegation of airspace enforcement authority to private entities.
What the text implies
- Liability immunity for 'authorized actions' is extremely broad and extends to contractors and security personnel, potentially shielding negligent or reckless drone-takedown attempts from civil liability unless gross negligence or willful misconduct is proven — a high bar.
- The bill does not explicitly define what constitutes a 'credible threat' from a drone, leaving significant discretion to private security personnel to determine when force is justified, with minimal real-time FAA coordination requirements.
The full analysis lists 5 implications of this text.
Who stands to gain
Counter-drone technology manufacturers and vendors; Critical infrastructure operators (utilities, nuclear facilities); Private security contractors specializing in critical infrastructure protection