Public safety is a fundamental responsibility of government, and there is a new threat on the horizon. Malicious drones pose a growing threat to our safety and well-being, and governors are calling on Congress to grant the resources and authority we need to protect our people and infrastructure.
We’ve seen the lethal potential of drones during Russia’s war on Ukraine — as well as the disturbing incursion of their military drones into NATO airspace.
But the use of drones, or unmanned aircraft systems (UAS), is not just a distant threat for us in the United States. Operators of unauthorized drones are endangering public safety and critical infrastructure right here, right now. States have witnessed numerous intrusions over energy infrastructure, public events, prisons and military bases — presenting real, potential threats to public safety.
In the right hands, a drone is a valuable tool, supporting commerce and priorities like public safety, law enforcement, disaster recovery, and environmental monitoring by extending our reach in areas too difficult or dangerous for humans to access. But that same maneuverability poses serious dangers in the wrong hands.
Headlines illustrate the rapidly evolving threats. Law enforcement has uncovered attempts to use drones to damage power stations in Pennsylvania and Tennessee. Unauthorized drones have been tracked flying over chemical plants and pipelines in Louisiana and near major airports; they have collided with firefighting aircraft in California and interfered with hurricane rescue and recovery operations in North Carolina. Suspicious drones have been spotted near college football and NFL games, prompting safety concerns and even evacuations from the playing fields. Georgia is one of many states confronting the use of drones to smuggle contraband into correctional facilities. Officials thwarted a plot there, recovering more than 87 drones and 22 weapons before they could reach inmates. A Chinese national was apprehended using drones to surveil naval facilities near Norfolk, Va. — highlighting the threats posed by foreign adversaries.
Whether drone incursions stem from carelessness, criminality or terrorism, state and local officials represent the first line of defense. With almost 800,000 drones registered in the U.S. — plus an unknown number unregistered — the risks are rapidly outpacing state authority to respond effectively.
Counter-drone capabilities, while advancing, still lag behind the rapid evolution of UAS technology.
And, crucially, only federal agencies like the FAA, Defense Department, Homeland Security Department, and FBI have explicit legal authority to shoot down drones or disrupt them through hacking and jamming technology.
During a September House Judiciary Committee hearing, experts testified about the growing homeland security gap these factors generate across our communities.
Florida Highway Patrol Sgt. Robert Dooley stated, “Public safety professionals stand on the front lines of both natural and manmade crises, and their lack of [counter-UAS] capability leaves a critical vulnerability in our national preparedness.”
Testimony by Michael Torphy, FBI unit chief and supervisory special agent, highlighted limitations in federal capacity. He cited FBI statistics indicating the agency is able to provide counter-UAS protection for only 0.05 percent of the more than 240,000 special events eligible for such protection.
Major events on the horizon, including the FIFA World Cup, the United States’ 250th anniversary celebrations, and the 2028 Olympics, not to mention the regular flow of sporting events, concerts and rallies, will continue to stress the federal government’s ability to mitigate the threats nefarious drones pose to mass gatherings.
Recent executive orders are a good start. Governors welcomed Executive Order 14307, “Unleashing American Drone Dominance,” as well as Executive Order 14305, “Restoring American Airspace Sovereignty,” which proposes UAS threat solutions and establishes a task force to review operational, technical and regulatory frameworks.
States are doing everything we can, including investing in drone detection systems and passing laws to restrict drones from entering the air space near critical infrastructure and open-air events and from violating peoples’ privacy. But our authority is largely restricted to investigating and imposing penalties after the fact. We need Congress to take action to provide us with the authority and financial support to more effectively and comprehensively protect our citizens against these threats.
Recently, we led a letter, joined more than 30 governors, to congressional leaders to underscore the pressing need for robust legislative action to address vulnerabilities and enhance security.
We urged the leaders to enact legislation that strengthens and clarifies the coordination between federal and state authorities and that grants every state the express legal authority and capability to detect and mitigate drone activity over critical infrastructure and major events.
This legislation is imperative. We cannot wait for a catastrophe before taking action on drones.
Louisiana Gov. Jeff Landry (R) and North Carolina Gov. Josh Stein (D) serve on the National Governors Association Public Health and Emergency Management Task Force.
