A group of more than 30 U.S. state and territorial governors is calling on Congress to enact stronger counter uncrewed aircraft system (C-UAS) measures amid a spate of drone sightings reported near airports, public events, and military installations.
There are more than 1 million drones registered with the FAA, a number that has spiked in recent years. Under an interagency agreement that lays out federal C-UAS authority, only the Departments of Homeland Security (DHS) and Justice (DOJ) can mitigate unauthorized drones, and only in certain cases.
In a letter addressed to House Speaker Mike Johnson, House Minority Leader Hakeem Jeffries, Senate Majority Leader John Thune, and Senate Minority Leader Chuck Schumer, the governors shared their “urgent concern” with drone threats to critical infrastructure and public safety under existing C-UAS rules. They called on Congress to enact legislation that would give states the same drone detection and mitigation authority as the federal government and improve communication between agencies.
“This is imperative; Congress cannot wait for a catastrophic event to occur before taking action,” they wrote.
Drone Activity on the Rise
The governors said their states have “witnessed numerous drone intrusions over critical infrastructure, public events, prisons, and military bases.”
In late 2024, for example, thousands of unidentified drones were reported in New Jersey and neighboring states, prompting the FAA to issue temporary flight restrictions (TFRs). Federal officials later said the vast majority of sightings were misidentified aircraft or drones authorized by the FAA. But they confirmed some visual sightings by personnel at military installations.
As more drones take off, they have increasingly interrupted concerts and sporting events. The NFL, for example, said more than 2,800 drones violated the TFRs around its stadiums during the 2023 season. It and other American sports leagues, including Major League Baseball and NASCAR, have backed a bill that would extend C-UAS authority to state and local law enforcement.
Per an FAA-commissioned report led by Embry-Riddle Aeronautical University, congested airspace near airports, heliports, and residential neighborhoods may be “hot spots” for increased risk of a collision between drones and crewed aircraft. Many of the drones researchers tracked flew above the FAA’s 400-foot ceiling or without authorization. At one airport, for example, they could not find a corresponding Low Altitude Authorization and Notification Capability (LAANC) approval for 68 percent of 376 recorded flights.
The FAA says it receives about 100 reports of UAS near airports each month. Per the Government Accountability Office, there have been more than 2,000 such sightings since 2021. At the nation’s 30 busiest airports, drones in 2024 accounted for more than two-thirds of near midair collisions with crewed aircraft, per the Associated Press.
“Taking an aircraft out of the sky isn’t allowable by law right now, so we’ve got to figure out who’s going to be able to do it below the federal level, what kind of training will be required, what kind of audits, all those things,” Tim Tenne, CEO of UAS solutions provider American Robotics, told FLYING. “We need it, and we need it yesterday.”
Expanded Authority
The governors echoed Tenne’s thoughts, arguing that the growing gap between C-UAS and drone technology “necessitates immediate legislative and financial support” for state and local law enforcement. Stakeholders are pursuing a variety of avenues to give them a lift.
Earlier this year, for instance, the Disabling Enemy Flight Entry and Neutralizing Suspect Equipment (DEFENSE) Act was introduced in both the House and Senate. The legislation would allow state and local law enforcement to step in when a drone violates the TFR around a stadium or other large gathering, such as the upcoming 2026 FIFA World Cup.
Another bill, the Counter-UAS Authority Security, Safety, and Reauthorization Act, was recently approved by the House Transportation and Infrastructure Committee. Among other things, it would authorize DHS to permit C-UAS mitigation at the state and local levels, enhance security around airports, and create a C-UAS pilot program for law enforcement.
At the same time, the FAA is developing a regulation, Section 2209, that would expand the types of facilities that could apply for drone-specific airspace restrictions.
Governors praised a pair of June executive orders by President Donald Trump that call for further security measures, including a review of foreign UAS and their components.
Federal officials have long sought a ban on drones produced by China’s DJI, for example, which owns an estimated 70 percent of the U.S. consumer drone market. Representative Elise Stefanik (R-N.Y.), who has called the popular drones “Tiktok with wings,” in December secured a provision in a defense bill that could ban the sale of all new DJI models. The Commerce Department, meanwhile, is investigating the potential threat of imported UAS.
“It’s refreshing to see the administration take this positive stance on protecting critical infrastructure and propelling innovation,” Tenne said.
Per Tenne, the next step for the DHS and FAA may be drafting a regulation based on recommendations from the FAA’s UAS detection and mitigation advisory rulemaking committee (ARC), published in January 2024. But they will need to contend with certain criminal statutes such as the Aircraft Sabotage Act, which prohibits the destruction of aircraft.
Expanded Activity
Governors said the “recent incidents of drone intrusions over sensitive sites and high-profile events” necessitate swift action from their federal partners. That urgency may only increase as the FAA prepares to open the UAS floodgates.
The regulator in August released its proposed Part 108 rule, which looks like a potential game-changer as written. Among other measures, Part 108 would authorize beyond visual line of sight (BVLOS) flight for operators that meet industry-created consensus standards. While those standards are unclear, the process would do away with the current system of temporary BVLOS waivers.
“We should have issued that draft rule probably a couple years ago,” Tenne said.
Expanded BVLOS operations will not come without safety measures. Part 108 operating certificates, for example, would be tiered based on risk, with higher standards for higher density locations. The proposal also does away with remote pilot certification, instead requiring operators to have a flight coordinator and operations supervisor. These roles, Tenne said, will require more intensive training than remote pilots.
“You’ve got to be an aviation professional. That’s what this regulation is all about,” he said. “The time of going online and clicking through some YouTube videos and taking a test and saying that you’re an aviation professional—those days are done.”
At the same time, expanded activity could create new risks, particularly in controlled airspace.
Part 108 would permit drones to fly in Class B, C, and D airspace so long as they are equipped with remote identification systems—digital license plates that broadcast information such as location and altitude. But the research led by Embry-Riddle found that these systems have limited range and adoption. Tenne suggested requiring drones to broadcast unencrypted data over C2 links, creating a publicly accessible database akin to FlightAware—though operators may be wary of sharing their data.
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