As current authorities for the government to intercept and track unauthorized drones are set to expire on Friday, Dec. 20, Federal agencies are urging Congress to enact counter-drone legislation.

In a joint statement, the Department of Homeland Security (DHS), FBI, Federal Aviation Administration (FAA), and the Department of Defense (DoD) emphasized the need for counter-drone authorities amid thousands of reported drone sightings in the last few weeks – particularly in New Jersey and across the eastern United States.

The FBI said it has received more than 5,000 tips of reported drone sightings in the last few weeks with about 100 leads generated. The Federal government noted it is also supporting state and local officials in investigating these reports.

Nevertheless, the agencies said they have “not identified anything anomalous and do not assess the activity to date to present a national security or public safety risk over the civilian airspace in New Jersey or other states in the northeast.”

“That said, we recognize the concern among many communities. We continue to support state and local authorities with advanced detection technology and support of law enforcement,” the agencies wrote. “We urge Congress to enact counter-UAS legislation when it reconvenes that would extend and expand existing counter-drone authorities to identify and mitigate any threat that may emerge.”

The current drone-countering authorities – authorized as part of the FAA Reauthorization Act of 2018 – will expire on Friday unless Congress takes swift action.

Under the law, counter-drone authorities were given to DHS and the Department of Justice (DoJ). These agencies have the power to use advanced detection technologies to identify, track, and mitigate drones – also known as unmanned aircraft systems (UAS).

During a hearing last week, House lawmakers and witnesses stressed the importance of reauthorizing these authorities. Without them, one witness explained, law enforcement agencies risk violating criminal laws.

“The reason we need legal authority is that without it, use of the most effective types of drone detection and counter-drone technologies could violate criminal laws, including those that prohibit destroying or disabling aircraft in flight and intercepting signals and communications,” said Brad Wiegmann, the DoJ’s deputy assistant attorney general for national security.

The more than 1,500-page continuing resolution (CR) proposed this week included language to reauthorize the counter-drone authorities until March 14. However, after the CR faced opposition from Republicans – encouraged by President-elect Donald Trump and Elon Musk – the future of the legislation remains unclear.

The United States also faces a possible government shutdown that could begin at 12:01 a.m. on Saturday, Dec. 21, when current Federal funding is set to lapse.

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Grace Dille
Grace Dille
Grace Dille is MeriTalk's Assistant Managing Editor covering the intersection of government and technology.
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