,,ii #aaith ,,congress #b;d ,session ,s4 #dchj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bb1 #bjbf,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to grant authority to use counter-unmanned aircraft system technologies to private owners of critical infrastructure facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,critical ,infrastructure ,airspace ,defense ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,north ,american electric grid and other critical infrastructure sectors face growing threats from unmanned aircraft systems4 7#b7 ,counter-unmanned aircraft systems activities are authorized for ,federal agencies and for trained ,state1 local1 ,tribal1 and territorial law enforcement1 but private owners and operators of critical infrastructure lack clear statutory authority to independently detect1 track1 and mitigate in-flight unmanned aircraft systems threats4 7#c7 ,prompt action is required to close this gap and protect the reliability of the bulk power system and other critical infrastructure4 #c4 ,drone countermeasures for critical infrastructure owners and operators ,section #baj;,g of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdn7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,authority of critical infrastructure owners and operators ,notwithstanding section #dfejb of title #di1 ,united ,states ,code1 or sections #cb1 #ajcj1 #acfg1 and chapters #aai and #bjf of title #ah1 ,united ,states ,code1 and after completing the training and certification detailed in subsection 7d77#c71 any owner or operator of a covered critical infrastructure facility 7or designated security personnel or contractors of such owner or operator7 may1 subject to subsection 7d77#c71 take1 and authorize personnel to take1 such actions as are described in subsection 7b77#a7 that are necessary to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered critical infrastructure facility4 2 7#b7 in subsection 7c71 by adding at the end the following3 7#c7 ,critical infrastructure ,any unmanned aircraft system or unmanned aircraft seized pursuant to subsection 7a77#c7 shall be subject to forfeiture under the laws of the jurisdiction in which the seizure occurred1 consistent with procedures established by the ,secretary4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b77;,d71 by striking counter-,,uas each place it appears and inserting counter-unmanned aircraft system2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,critical infrastructure training and certification 7,a7 ,requirement ,only personnel who have been trained and certified by the ,secretary 7in coordination with the ,secretary of ,energy and the ,administrator of the ,federal ,aviation ,administration7 may exercise the authorities granted under subsection 7a77#c74 7,b7 ,procedures ,not later than #ahj days after the date of enactment of the ,critical ,infrastructure ,airspace ,defense ,act1 the ,secretary1 in coordination with the ,secretary of ,energy1 the ,attorney ,general1 the ,secretary of ,defense1 and the ,secretary of ,transportation1 shall establish a national certification program1 which may utilize or expand the national schoolhouse established under paragraph 7#b71 that includes-- 7i7 standards for legal1 operational1 and technical proficiency2 7ii7 use of only counter-unmanned aircraft system technologies included on the joint authorized list described in paragraph 7#b77;,a77iii72 and 7iii7 mandatory coordination protocols with the ,federal ,aviation ,administration to protect the national airspace system4 7,c7 ,reports ,not later than #a year after the date of enactment of the ,critical ,infrastructure ,airspace ,defense ,act1 and biannually thereafter1 the ,secretary1 in coordination with the ,secretary of ,energy1 the ,attorney ,general1 the ,secretary of ,defense1 and the ,secretary of ,transportation1 shall submit to the appropriate congressional committees an unclassified report with a classified annex on activities carried out by critical infrastructure owners and operators exercising the authority granted by subsection 7a77#c7 and subject to the training and certification requirements described in this paragraph1 including-- 7i7 a description of the training and certification procedures developed and implemented pursuant to this paragraph2 and 7ii7 a list of personnel that applied for and were certified to exercise the authorities granted by subsection 7a77#c74 2 7#d7 in subsection 7e71 by striking each ,secretary and inserting the ,secretary1 the ,secretary of ,transportation2 7#e7 in subsection 7g77#c71 by striking subsection 7a77#b7 and inserting paragraph 7#b7 or 7#c7 of subsection 7a72 7#f7 in subsection 7h71 by striking subsection 7k77#c77;,c77iii7 and inserting subsection 7l77#c77;,c77iii72 7#g7 in subsection 7j71 by adding at the end the following3 7#c7 ,critical infrastructure authority ,the authority relating to critical infrastructure facilities established under subsection 7a77#c7 shall terminate on ,september #cj1 #bjca4 2 7#h7 in subsection 7k71 by striking subsection 7k77#c77;,c77iii7 and inserting subsection 7l77#c77;,c77iii72 and 7#i7 in subsection 7l7-- 7,a7 by striking paragraph 7#aj72 7,b7 by redesignating paragraphs 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 and 7#i7 as paragraphs 7#d71 7#f71 7#g71 7#h71 7#aj71 7#i71 and 7#e71 respectively1 and moving the paragraphs so as to appear in numerical order2 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,the term covered critical infrastructure facility means a critical infrastructure facility designated by the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,energy1 as a high-risk site1 including1 at a minimum1 nuclear generating stations1 key substations1 transformer stations1 and control centers of the bulk power system4 2 7,d7 in paragraph 7#f71 as so redesignated1 by striking meaning and inserting meanings2 7,e7 in paragraph 7#h71 as so redesignated1 by adding at the end the following3 7,c7 ,for purposes of subsection 7a77#c71 the term personnel means officers1 employees1 or contractors of the owner or operator of a covered critical infrastructure facility who are assigned duties that include the security or protection of the facility4 2 and 7,f7 in paragraph 7#aj71 as so redesignated1 by striking the comma after #ddhja4 #d4 ,critical infrastructure counter-unmanned aircraft system grant program 7a7 ,in general ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,energy1 shall establish a counter-unmanned aircraft system grant program for critical infrastructure owners and operators to purchase1 install1 and operate approved counter-unmanned aircraft systems4 7b7 ,eligibility ,grants may be awarded to owners and operators of covered critical infrastructure facilities1 as defined in subsection 7l77#c7 of section #baj;,g of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdn71 as added by this ,act4 7c7 ,authorization of appropriations ,there is authorized to be appropriated #bej1jjj1jjj for fiscal years #bjbg through #bjca to carry out this section4 #e4 ,liability protection ,any action taken in accordance with the authorities granted under subsection 7a77#c7 of section #baj;,g of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdn71 as added by this ,act1 shall be deemed to be a ,federal action for purposes of liability protection1 and no owner1 operator1 or authorized personnel1 as defined in subsection 7l7 of such section #baj;,g1 as added by this ,act1 shall be liable for any civil or criminal claim arising from such authorized action1 except in cases of gross negligence or willful misconduct4 #f4 ,rulemaking and implementation ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,energy1 the ,attorney ,general1 and the ,administrator of the ,federal ,aviation ,administration1 shall issue regulations and guidance to implement this ,act1 including procedures for real-time coordination with the national airspace system4