Drone Activity

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This document outlines the Department of Homeland Security's (DHS) legal authorities to counter threats from unmanned aircraft systems (UAS) to the safety or security of covered facilities or assets, as granted by the Preventing Emerging Threats Act of 2018. It details authorized actions, including detection, identification, disruption, and seizure of UAS, as well as the use of reasonable force to disable or destroy them. The document also addresses privacy protections, coordination with the Department of Transportation and the Federal Aviation Administration, and reporting requirements to Congress. Contact information for inquiries is provided at CUASinfo@hq.dhs.gov. UNLOCK

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--- Document: Drone Activity Document ---
Counter Unmanned Aircraft 
Systems Legal Authorities
The Preventing Emerging Threats Act of 2018 grants the Department of Homeland Security statutory authority to 
counter credible threats from unmanned aircraft systems (UAS) to the safety or security of a covered facility or 
asset. This authority is paramount to the Department’s mission to protect and secure the Homeland from evolving 
threats. The Department is in the process of coordinating with Components and stakeholders regarding the need for 
additional counter-UAS (CUAS) authorities. 
Authorities
Authorized Department of Homeland Security Components may protect Covered 
Facilities and Assets from unlawful UAS activity with the following actions:
Detect, identify, 
monitor, and track 
the unmanned 
aircraft system 
or unmanned 
aircraft.
Warn the operator 
of the unmanned 
aircraft system 
or unmanned 
aircraft.
Disrupt control 
of the unmanned 
aircraft system 
or unmanned 
aircraft.
Seize or exercise 
control of the 
unmanned 
aircraft system 
or unmanned 
aircraft.
Seize or otherwise 
confiscate 
the unmanned 
aircraft system 
or unmanned 
aircraft.
Use reasonable 
force to disable, 
damage, or destroy 
the unmanned 
aircraft system or 
unmanned aircraft.
Covered Facility or Asset
Directly relate to the following missions:
An authorized Department of Homeland Security mission, 
including certain protection and security missions of:
•	U.S. Coast Guard
•	U.S. Customs and Border Protection
•	U.S. Secret Service
•	Federal Protective Service
An authorized joint Department of Homeland Security or the 
Department of Justice mission
•	National Special Security Events 
•	Special Event Assessment Rating events
•	Supporting state, local, tribal, or territorial law enforcement at certain mass 
gatherings upon the request of a State’s governor or equivalent
•	Active Federal law enforcement investigations, emergency responses, or security 
operations in specified locations and for limited duration (e.g., airport disruption, 
disaster response, etc.)


Privacy Protection
The Act requires the Department 
of Homeland Security and 
Department of Justice to:
Ensure intercept, acquisition, or 
access of communications to 
or from UAS is consistent with 
First and Fourth amendment 
protections and applicable Federal 
laws.
Only intercept, acquire, or 
access communications to 
or from UAS only in support 
of an authorized CUAS 
action.
Delete records of communications 
to or from UAS after 180 days, 
unless it is necessary to:
• Directly support an ongoing 
Department security operation.
• Investigate or prosecute a 
violation of law.
Not disclose any communications 
to or from UAS outside 
the Department unless the 
communication:
• Supports a protection or 
security operation between 
the Department of Homeland 
Security and the Department of 
Justice.
• Supports an investigation or 
prosecution of a security threat.
• Supports a CUAS criminal 
investigation, civil investigation, 
or an enforcement action from 
the Department of Defense, a 
civilian law enforcement agency, 
or a Federal regulatory agency.
• Is otherwise required by law.
Next Steps
Required Coordination: The Secretary of Homeland 
Security will develop the actions under these authorities 
in coordination with the Secretary of Transportation.
Research, Testing, Training, and Evaluation: The 
Department of Homeland Security will conduct research, 
testing, training, and evaluation of equipment that could 
be used to support the actions under these authorities.
Airspace Coordination: The Secretary of Homeland 
Security will coordinate with the Federal Aviation 
Administration Administrator when actions under 
these authorities might affect aviation safety, civilian 
aviation, airspace use, aerospace operations, or aircraft 
airworthiness.
Guidance: The Secretary of Homeland Security will 
issue guidance, and:
• Coordinate guidance development with the 
Department of Transportation.
• Coordinate with the Department of Transportation 
and the Federal Aviation Administration if respective 
guidance might affect aviation safety, civilian aviation, 
airspace use, aerospace operations, or aircraft 
airworthiness.
Report: The Secretary of Homeland Security in 
coordination with the Secretary of Transportation, 
will conduct an assessment and submit a report to 
Congress including: 
• An evaluation of UAS threats to critical infrastructure 
and domestic large hub airports. 
• An evaluation of existing counter UAS authorities for 
Federal, State, local, or tribal law enforcement.
• An evaluation of current procedures and resources 
available to owners of critical infrastructure and 
domestic large hub airports for a UAS threat. 
• An assessment of additional DHS authorities needed 
to counter UAS threats.
• An assessment of additional DHS research and 
development needed to counter UAS threats.
Additional Resources
Preventing Emerging Threats Act, https://www.congress.gov/115/bills/s2836/BILLS-
115s2836rs.pdf
If you have any questions, please contact DHS at: CUASinfo@hq.dhs.gov


General Information 
• Are there any updates on the investigation into the drone sightings in New Jersey? 
o There is an active federal investigation into these drone sightings.  
o The FBI is the leading agency investigating the sightings.  
o Currently, all investigative information is classified as law enforcement sensitive, 
and we would defer questions regarding the investigation to the FBI.  
 
• Is there any threat to public safety from the drone activity reported in New Jersey? 
o At this time, according to the FBI, there are no known specific or credible threats 
related to these sightings.  
 
• Have there been other sightings of drone activity outside of New Jersey? 
o According to open source, yes, there have been other drone sightings of this type 
both nationally and internationally.  
o However, any questions about confirmed sightings of drones that are similar to 
what we are seeing in New Jersey will have to be referred to the FBI.  
Drone Activity and Restrictions 
• Why has the Federal Aviation Administration (FAA) temporarily prohibited drones 
in Bedminster and Picatinny Arsenal if there is no threat? 
o The FAA often imposes temporary flight restrictions to ensure the safety and 
security of sensitive areas, regardless of immediate threats. 
o Airspace restrictions can also apply to all drones to prevent interference with 
ongoing investigations and ensure airspace safety. 
o More information and active temporary flight restrictions: 
https://tfr.faa.gov/tfr2/list.html  
 
• Are the drones believed to be operated by local hobbyists, commercial businesses, 
the military, or another group? 
o At this time, it is unclear who is operating the drones. This would be an aspect of 
the ongoing federal investigation.  
o The State of New Jersey and its agencies are not involved in the operation of 
these reported drones.  
 
• Do you have any information specific to the drones, such as their manufacturer or 
model? 
o Specific details about the drones are not available at this time as the federal 
investigation is still ongoing.  
• Shouldn't drones have tracking devices that indicate registration numbers? 
o Yes, drones are generally required to have tracking capabilities. However, not all 
drones comply, and investigations are ongoing to identify the operators. 
 


 
• Could drone activity be mistaken for general aviation aircraft, such as planes or 
smaller helicopters? 
o Yes. Drone activity can sometimes be mistaken for general aviation aircraft, such 
as planes or smaller helicopters, due to several overlapping characteristics: 
 From a distance, drones can appear similar in size to smaller aircraft, 
leading to potential confusion. This is especially true when viewed from 
the ground at certain angles. 
 Although drones typically operate at lower altitudes, some can reach 
heights where they might be mistaken for general aviation aircraft, 
especially if visibility is poor or if the observer lacks reference points. 
 At night, the lighting on drones might resemble the navigation or anti-
collision lights found on airplanes and helicopters, making it difficult to 
distinguish between them. 
 While drones generally produce a distinct sound, environmental factors or 
the observer’s location might mask these differences, causing them to be 
mistaken for the more familiar sounds of manned aircraft. 
 Some drones have advanced capabilities that allow them to mimic the 
flight patterns of helicopters or small planes, such as hovering or making 
rapid directional changes. 
 
• Why can’t authorities or the military shoot down or capture a drone midflight?  
o State and local authorities do not have the legal ability to mitigate threatening 
drone activity at this time.  
o Federal agencies and the U.S. military have different legal abilities and technical 
capabilities.  
o The U.S. Department of Homeland Security publication on these rules of 
engagement outlines the different authorities.  
o Additional challenges for consideration: 
 Determining whether a drone is a threat can be difficult. Many drones are 
used for legitimate purposes and distinguishing between a benign and a 
malicious drone requires accurate identification and assessment. 
 Drones can vary widely in size, speed, and technology. Small drones are 
hard to detect and target, while larger drones might be more resilient to 
certain countermeasures. 
 Shooting down a drone can pose safety risks to people and property on the 
ground. Debris from a downed drone can cause injury or damage, 
especially in populated areas. 
 Engaging a drone involves legal considerations. Unauthorized actions 
could have legal repercussions. 
 While non-kinetic methods such as jamming or hacking can be used, they 
require sophisticated technology and expertise. 
 


 
• What if a member of the public attempts to shoot down a drone? 
o Shooting down a drone in New Jersey is illegal and violates federal law, as drones 
are regulated by the Federal Aviation Administration (FAA). If you shoot down a 
drone, you could face significant fines or even imprisonment (up to $250,000 fine 
and up to 20 years imprisonment). 
Reporting 
 
• How should the public report suspicious drone activity? 
o Suspicious activity is any observed behavior that could be potential threats, 
terrorism, or other criminal activity. Anyone who observes suspicious activity 
should immediately report it to local law enforcement or NJOHSP’s Counter-
Threat Watch Unit at 866-4-SAFE-NJ (1-866-472-3365) or tips@njohsp.gov. 
o Specific to the drones, any drone impacting critical infrastructure or other 
sensitive locations; or aviation activity or operation of an aircraft manned or 
unmanned, such as an unmanned aerial vehicle or drone in a manner that poses a 
threat to people or property. 
 Indicators of Suspicious Drone Activity 
• Repeated unauthorized flights 
• Suspected reconnaissance (i.e., repeated flyovers or prolonged 
hovering at low altitudes) 
• Flights in sensitive areas meant to observe security response 
 Indicators of Suspicious Devices 
• Unusual modifications 
• Visible loose wires 
• Lights taped over or removed 
• Excessive tape used to conceal or attach additional items 
• Additional visible batteries attached 
• Lack of a registration number 
• Unattended grounded Unmanned Aircraft Systems 
 
• Is there a particular time when drone sighting reports increase? 
o At this time, sightings reportedly appear to occur in the late afternoon and evening 
hours.  
 
• Have any drones been traced back to their operators, and have there been any 
arrests? 
o As of now, there have been no confirmed traces or arrests, but the federal 
investigation is ongoing. 
 


 
 
Involvement of Authorities 
• What is the New Jersey Office of Homeland Security and Preparedness’ role in the 
investigation? 
o NJOHSP is involved in the investigation and is working alongside other state and 
federal agencies to address the situation. The Federal Bureau of Investigation is 
the lead investigative agency. 
 
• Can you provide any details on the meeting between Governor Phil Murphy, U.S. 
Department of Homeland Security Secretary Alejandro Mayorkas, federal 
legislators, NJOHSP, and the New Jersey State Police? 
o The meeting was convened by Governor Murphy in an effort to enhance 
information sharing regarding the ongoing drone activity between state officials, 
federal agencies, and Congressional members from NJ and ensure a coordinated 
response to the drone sightings.