[Congressional Record Volume 164, Number 179 (Tuesday, November 13, 2018)]
[Extensions of Remarks]
[Page E1510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               H.R. 302, FAA REAUTHORIZATION ACT OF 2018

                                 ______
                                 

                           HON. BILL SHUSTER

                            of pennsylvania

                    in the house of representatives

                       Tuesday, November 13, 2018

  Mr. SHUSTER. Mr. Speaker, since September 11, 2001, Congress has 
recognized that mass gatherings of people may require special 
protections from threats, including threats from unmanned aerial 
systems (UAS). Following the attacks that Tuesday morning, the FAA 
created temporary flight restrictions (TFR) over stadiums and other 
large gatherings, which Congress later codified. Today, TFRs are in 
place during NFL games, Major League Baseball games, NCAA Division One 
football games, and NASCAR Cup Series, Indy Car, and Champ Series 
races. These restrictions apply to all aircraft--commercial airliners, 
private aircraft, and UAS.
  In recent years, however, there have been increases in UAS operations 
over stadiums (and arenas) in violation of these restrictions. For 
example, in November 2017, a UAS dropped leaflets into Levi's Stadium 
during a San Francisco 49ers' football game. That same UAS operator 
then tried to repeat the stunt later that day at the Oakland Coliseum, 
but local law enforcement intervened and arrested him. Had this been a 
nefarious UAS operation, the harm could have been much worse since 
local law enforcement lack the authority and proven technology to take 
counter-UAS measures.
  During consideration of the FAA Reauthorization Act of 2018 (P.L. 
115-250), Congress and the Administration worked together to address 
the growing concern that UAS could be used to attack the United States 
and its citizens. Division H, ``Preventing Emerging Threats'' grants 
the Department of Homeland Security (DHS) limited and narrow 
authorities to protect the safety or security of a covered facility or 
asset as defined by the bill. Further, section 210G(k)(3)(C)(iii)(II) 
of the Homeland Security Act of 2002, as added by this Division, allows 
for the Secretary of DHS to work with state, local, and tribal law 
enforcement officials to mitigate threats from UAS ``upon request of 
the chief executive officer of the state or territory, to ensure 
protection of people and property at mass gatherings, that is limited 
to a specified timeframe and location, within available resources, and 
without delegating any authority under this section to State, local, 
territorial, or tribal law enforcement.''
  I believe that this provision is narrow in its intention: that the 
federal government, acting through DHS, may provide assistance to 
state, local, and tribal law enforcement officials to protect mass 
gatherings from UAS operations that pose a threat to the safety or 
security of people in attendance. I also believe that this provision 
represents an opportunity for DHS to partner with state, local and 
tribal law enforcement officials on best practices to prevent an 
incident at stadiums or arenas at the request of a State. As Chairman 
of the House Transportation and Infrastructure Committee, I encourage 
DHS to seek input from sports organizations, local law enforcement 
agencies, and others on the use and deployment of the authorities 
provided in this legislation, including the development, testing, and 
use of countermeasures for unmanned aircraft systems.
  If DHS does enter into partnerships to protect stadiums or arenas, 
then the safety of the airspace must not be put in jeopardy. Any 
measures used by DHS to counter potential UAS threats must not 
interfere with the aviation safety, civilian aviation and aerospace 
operations, aircraft airworthiness, or the legal use of the airspace.

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