Drone Mystery Raises Pressure for Lawmakers to Bolster Defenses

Rising concerns about unexplained drone sightings in New Jersey and New York are casting a spotlight on a long-running debate among US lawmakers over expanding agencies’ ability to take down threatening devices.

The FBI and the Department of Homeland Security on Thursday said they continue to investigate but haven’t corroborated the reported sightings of drones, which some witnesses have described as the size of small cars. Still, lawmakers, law enforcement, and members of the public are growing increasingly frustrated about potential threats and using those concerns to call for swift passage of legislation bolstering counter-drone powers.

The frenzy over the reported drone clusters creates powerful momentum in a debate that has repeatedly stalled on Capitol Hill.

“When you see these kinds of incidents, it raises lots of questions and clearly is something we need to be dealing with,” Sen. Gary Peters (D-Mich.), who leads the Homeland Security and Governmental Affairs Committee, said in a brief interview Thursday.

Drones Flying Over New Jersey Leave Federal Officials Mystified

Existing federal authority to take down dangerous drones in the US expires on Dec. 20, and lawmakers must include a last-minute extension in a stopgap spending package to prevent a lapse. It would be the latest in a series of short-term renewals since 2022. Government officials say the piecemeal approach inhibits their ability to address drone-related threats.

“We cannot appropriately budget, we can’t strategically plan for the future,” Steven Willoughby, deputy director of the Department of Homeland Security’s counter-drone office, said during a Homeland Security Defense Forum event this week.

Here’s what to know about domestic drone threats and what policymakers and lawmakers are doing about them:

What’s Happening in New Jersey and New York?

The reported mystery drones in New Jersey and New York have been spotted near military facilities, according to US lawmakers who’ve cited eyewitnesses in their districts. Federal officials are downplaying concerns.

Pentagon Deputy Press Secretary Sabrina Singh said Wednesday that Defense Department installations haven’t been at risk and there’s no evidence the drones are from foreign adversaries. National Security Council spokesperson John Kirby on Thursday warned reporters against jumping to conclusions and said “the analysis thus far, in an investigation that is ongoing, has not revealed any national security or malicious intent or criminal activity.”

DHS and the FBI said “there are no reported or confirmed drone sightings in any restricted air space” but added that the reports “highlight the insufficiency of current authorities.” Federal officials emphasized those points in briefings with House and Senate staffers Thursday.

National Security Council spokesman John Kirby listens to a question from a reporter during a Dec. 12 news conference in the at the White House.

Photographer: Andrew Harnik/Getty Images

Are There Other Drone Threats?

Homeland security officials have warned for years about increasing illegal and dangerous drone flights, and the problem has gained public attention after a series of high-profile incidents.

The New Jersey and New York sightings follow the Pentagon’s recent confirmation of earlier drone swarms above US military sites.

The shooter who targeted President-elect Donald Trump at a campaign rally in Pennsylvania in July also used a drone to scope out the area before the event. The Secret Service’s counter-drone technology, which could have detected the shooter’s device, malfunctioned that day.

More routine threats include illegal drone flights that have shut down runways at US airports, menaced crowds at professional sports games, and conducted surveillance to aid smugglers along the US-Mexico border.

How do US Officials Combat Dangerous Drones?

Federal methods to take down threatening drones include radio frequency jamming and cyber takeovers, as well as more drastic kinetic maneuvers, such as catching or shooting down a device.

But DHS and the Justice Department, the domestic agencies tasked with taking down dangerous drones, have limited capacity and have to weigh collateral damage when deciding how or whether to disable a device in the homeland.

“We’re watching these things fly around all day long,” Clint McArdle, assistant chief and national director of counter-drone operations for the Border Patrol, said at the homeland security forum. “What are we going to do about it? That’s difficult in the domestic space.”

Privacy and civil liberties advocates have also raised concerns about federal, state, and local officials abusing counter-drone authorities to conduct surveillance or stymie legitimate use of drones, such as newsgathering.

NFL Fears ‘Nefarious’ Drones, Seeks Law to Thwart Stadium Risks

What’s the Legislative Debate?

DHS and DOJ’s ability to address drone threats comes from a 2018 measure exempting their counter-drone actions from other federal laws barring interference with aircraft and wiretapping without a warrant.

Peters has been pushing White House-backed legislation since 2022 that would grant similar counter-drone powers to select state and local law enforcement agencies. Federal officials say the expansion is needed to bolster drone protections, especially at sports games and other big gatherings where a weaponized device could wreak havoc.

Bipartisan House members introduced a vastly different bill this year (H.R. 8610) that would downsize the state and local program favored by the White House and authorize the Federal Aviation Administration to take down drones, a shift from its current focus on testing drones and regulating airspace.

House lawmakers tweaked the bill after the White House balked at the proposal, but federal officials say it needs further changes, including an expansion of counter-drone authority to more state and local agencies.

White House Pans Bipartisan Drone Bill That Bucked Biden Plan

What’s Next?

Lawmakers didn’t have enough time this Congress to hash out their differences on the competing proposals to expand counter-drone powers. Instead, they face another deadline to approve a short-term patch renewing existing authorities.

The White House asked Congress to include the extension on a government funding package lawmakers are working on ahead of a Dec. 20 deadline.

Peters said he expects the renewal, if approved, to last for the duration of the anticipated stopgap funding measure — meaning counter-drone authorities would face expiration yet again in a matter of months.