Voting to Protect U.S. Airports from Drone Threats: The Counter-Drone Imperative

This blog is not about politics. However, with election season upon us, it’s an opportune moment to reflect on how we can safeguard our airports and what’s truly at stake.

Realistically, most people do not live and breathe policy. For many, it’s about catching the news and managing their own lives.

Different events can bring information to our attention, and elections can prompt some of us to research various topics and policies more deeply so we can make an educated decision when we cast our votes. For me, elections are a good time for reflection, regardless of whom we vote for. I am more aware of the conversations around me, and what my family, friends, neighbors, and colleagues are concerned with.

The Growing Drone Threat

Another reality check – most people do not live and breathe Unmanned Aerial Systems (UAS) and their countermeasures. But I do, so let me take you on a journey through my thoughts as I am getting ready to cast my vote – to protect our airports.

Commercial drones have surged in popularity in recent years, with global shipments reaching five million units in 2020. This trend is expected to continue, with projections estimating 9.6 million consumer drone unit shipments by 2030.  

Drones can conduct an impressive range of tasks, ranging from military operations to package delivery. But in recent years they have evolved into powerful tools for espionage, intelligence gathering of sensitive facilities or presidential candidates, and even direct attacks,  just as we saw in recent conflicts –  Hamas attacks on Israel on October 7, 2023.

The recipe for a great disaster is posted on the wide web by bad actors, and many have access to it with the push of a button. From the Ukraine-Russia conflict to terrorist organizations like Hamas and ISIS to, it is as easy to turn drones into deadly instruments as it is as easy to buy them at Costco.

I know you may say this is someone else’s problem – it doesn’t happen here. Oh well behold! The misconception that “it won’t happen here” is dangerous, because just earlier this October, the FBI and local law enforcement agencies took into custody an Arizona teenager who had plans to use an explosive remote-controlled drone to carry out an ISIS-inspired attack.

The Impact on Airport Security

At airports, the increased use of drones has also led to incidents where drones have been misused, either intentionally or unintentionally, causing significant disruptions to airport operations and air travel. In the past 3 quarters of 2024, over 1300 drone sightings at or around our airports were recorded by FAA. And that is just a fraction number representing the reported drones – but what about those we cannot see or don’t bother reporting?

These incidents are not going away. So, what can our elected officials do to protect our airports?

The Counter-Drone Regulatory Response

In response to increasing drone incidents, government agencies are working on advancing laws and regulations regarding counter-drone solutions to minimize the risk and dangers associated with unauthorized drones. This is particularly relevant for airports since such incidents can result in catastrophic and/or costly consequences. The regulations governing the use of counter-drone technologies are complex and vary across countries and sectors due to differences in legal frameworks, security concerns, and privacy considerations. 

The U.S. jurisdictional and regulatory complexities associated with responding to unauthorized UAS operations place airport operators, TSA, and FAA in a challenging situation. The technology exists to respond to the ever-evolving drone threat, and legal authority was handed to some Federal agencies through the 2018 Preventing Emerging Threats Act and The 2018 and recent 2024 Reauthorization Act . Federal agencies have successfully piloted various technologies by leveraging their deployment in many sensitive protective missions, however, State, Local, Tribal and Territorial (SLTT) law enforcement agencies are those responsible for the public safety of our local airports and communities, and yet they remain without the needed legal authority and tools. 

An article in Bloomberg Government highlights how the Summer 2022 DCA Airport “disruption is a prime example of why Congress needs to extend and expand federal counter-drone authorities,” as indicated by a senior official at the TSA. While there are some regulatory constraints regarding counter-drone solutions, there have been some active executive and legislative developments that can contribute to safer airspace near and at airports. 

The Path Forward

It’s unclear what, if anything, Congress is likely to do to address the threat to our nation’s airports. Several pieces of legislation have been introduced, but most have not made it past the committee level. In addition, the limited authority for non-defense federal agencies to use counter-drone technology will expire on December 20, 2024, unless lawmakers move to extend it. 

However, in the long term, a straight extension without reasonable and measured expansion of authorities to SLTT law enforcement would leave our nation with an outdated framework insufficient for addressing today’s threats, sure to result in failure to prevent or mitigate a serious event.

Recently, Senators Peters and Johnson led an amendment, SA 3233, to the National Defense Authorization Act (NDAA), coordinated between the Homeland Security and Government Affairs and Judiciary committees, to extend and expand C-UAS authorities under the Preventing Emerging Threats Act. In September, the House Transportation & Infrastructure Committee approved H.R. 8610, a C-UAS authorities measure that included input from the three committees of jurisdiction, including the House Homeland Security Committee and the House Judiciary Committee. 

Given the gravity of these threats, it’s essential that elected officials push for bipartisan legislation granting SLTT law enforcement the authority and tools they need to protect our nation’s airports during the 118th Congress. As responsible voters, I encourage you to research candidates’ positions on airport and aviation security. While voting on these issues is critical, staying informed and involved in ongoing local discussions about airport security is equally important.