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handle is hein.crs/goveksa0001 and id is 1 raw text is: Congressional                                                     ____
~ Research Service
Monitoring the Sovereign Skies
February 27, 2023
In early 2023, a high-altitude balloon that originated in China transited through U.S. airspace before being
shot down by military aircraft off the coast of South Carolina. Soon after, the U.S. military identified,
tracked, and, under presidential orders, destroyed three additional unidentified flying objects in Alaska,
Canada, and over Lake Huron. Little has been revealed about these incidents, but President Biden noted
that the three objects may have been operated by private entities or research organizations and are not
believed to have posed a national security threat. However, Biden Administration officials, including
Secretary of Defense Lloyd Austin, expressed concern that the unpiloted flying objects that were shot
down, besides being unauthorized, posed risks to civil aviation.
These events have raised questions about flight authorizations and tracking of manned and unmanned
aircraft in U.S. airspace. Although Federal Aviation Administration (FAA) air traffic controllers actively
monitor most piloted flights operating within U.S. airspace, not all aircraft are required to file flight plans,
and many cannot be uniquely identified or tracked.
Sovereignty of Airspace
The United States asserts sovereignty of the airspace overlying the United States and its territories. Each
country's sovereign right to control airspace, above its lands and territorial waters, up to the ill-defined
boundary of space, is formally recognized by the International Civil Aviation Organization's (ICAO's)
Convention on International Civil Aviation. Article 5 of the convention generally grants foreign-registered
civil aircraft not engaged in scheduled air service access to airspace of a foreign country, whereas
international air service must be formally agreed to and authorized. Foreign aircraft are generally
permitted to transit through U.S. airspace and operate to and from U.S. airports but must follow specific
national security procedures and airspace and customs regulations. Article 8 of the ICAO convention
specifically states that aircraft without pilots on board flown over another country must obtain special
permission from that country and must be controlled as to obviate danger to civil aircraft.
Aircraft Identification and Tracking
During peak times, more than 5,000 aircraft are under active FAA air traffic control. Every day, more than
45,000 flights transit the 29 million square miles of airspace managed by FAA, including over 5 million
square miles of domestic airspace overlying the contiguous United States and Alaska. FAA has
Congressional Research Service
https://crsreports.congress.gov
IN12118
CRS INSIGHT
Prepared for Members and
Committees of Congress

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