Congress must pass legislation to help protect Americans from unmanned aircraft systems

As the New England Patriots were preparing to win their sixth Super Bowl title, high above Mercedes-Benz Stadium in Atlanta a different face-off was taking place. During Super Bowl LIII’s pregame flyover, members of the U.S. Air Force Thunderbirds aerial demonstration team avoided a mid-air collision with an unauthorized drone operating in restricted airspace.  Thankfully, the FBI’s counter-unmanned aircraft system, or “C-UAS,” team successfully detected the intrusion and provided advance warning to the F-16s overhead, averting catastrophe and potential loss of life. But instances of unauthorized drone use have risen steadily, and close calls like this are becoming all too commonplace. 

This challenge isn’t limited to sporting events. Since 2021, the Federal Aviation Administration reported dozens of airport disruptions caused by drones that required commercial flights to be held, delayed, modified or rerouted. On a few occasions, air traffic controllers issued a full ground stop, effectively stopping all departures and leaving passengers delayed and frustrated. Meanwhile, in just a single week this past June, Customs and Border Protection (CBP) officials seized 27 pounds of narcotics ferried by criminal organizations using drones. 

In short, while there is a wide array of legitimate drone use that can provide us with benefits and entertainment, a rise in both harmful and negligent drone use threatens the public safety and security of our nation. The three of us experience this every day as we fulfill our missions: for one of us, to protect the Homeland; for two of us, to protect Americans as they pack MLB and NFL stadiums nationwide; and for all of us, to keep Americans safe. In doing so, the U.S. government relies on critical authorities for countering these threats, but these authorities are going to expire next month, ahead of Thanksgiving — unless Congress acts. Failure to do so would pose a major danger to the American public by dramatically reducing the federal government’s ability to detect, locate and respond to drone threats. 

The Biden administration has identified existing legislative and policy gaps that impede the government’s ability to protect the American people from drone-related threats and raised them as a matter of urgency. That includes issuing the country’s first-ever “Domestic Counter-UAS National Action Plan” in April 2022. The plan includes, as an essential element, a legislative proposal to extend and expand existing counter-drone authorities by reauthorizing C-UAS authorities, expanding the federal agencies responsible for C-UAS enforcement, and creating a pilot program for select state, local, territorial and tribal law enforcement agencies to engage in drone mitigation, under close supervision, and with multiple controls. 

Unfortunately, Congress did not move on this last year and instead simply reauthorized existing authorities, leaving us trailing even further behind emerging and evolving UAS threats.  Encouragingly, there are new signs of legislative momentum in the form of bipartisan, bicameral support for the “Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2023.” Backed by Sens. Gary Peters (D-Mich.) and Ron Johnson (R-Wis.) and Reps. Mike Gallagher (R-Wis.) and Chrissy Houlahan (D-Pa.), this bill includes key elements from the Biden administration’s revised counter-drone legislative proposal and strengthens existing authorities to address the current and future threat, while adding new provisions designed to ensure the privacy, civil rights and civil liberties of the American people. If passed, such bipartisan legislation will allow federal agencies to keep Americans safe while also safeguarding their privacy. This bill must pass: there should be nothing partisan about safeguarding fans at sporting events or passengers on airlines while also maintaining privacy protections. 

Allowing current C-UAS authority to lapse — set to occur next month, absent congressional action — would have dire consequences for homeland security. More specifically, if there is a lapse in funding for the government after the current 45-day stop-gap concludes, there will be a halt in the ability of the federal government to provide the private sector with critical C-UAS protections, even as sporting events and other gatherings continue across the country. Even so, an extension via another continuing resolution provides only a temporary reprieve: Congress must pass a long-term reauthorization and measured expansion of C-UAS authorities. Doing so would maintain protective measures for this year’s upcoming New York City Marathon, Macy’s Thanksgiving Day Parade, and the Army-Navy football game, for example. What’s more, passing this law would ensure enduring protection across additional venues and events for years to come. 

Drones have quickly become a regular feature of American life. We welcome their role in recreation, research and commerce, and we look forward to realizing the benefits of future innovation for the government and private sector alike. At the same time, drone technology poses very real risks, including to the millions of sports fans who pack outdoor stadiums to cheer on their favorite teams. To keep these fans and the homeland safe, U.S. law enforcement agencies must retain their legal authority to respond to these evolving threats. We urge Congress to pass the bipartisan C-UAS legislation, and we stand united on this urgent issue — just as we are in our commitment to protect Americans. 

Liz Sherwood-Randall is White House homeland security advisor, David L. Thomas is vice president of security & ballpark operations at Major League Baseball, and Cathy L. Lanier is senior vice president and chief security officer at the National Football League.