Document Text
--- 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.