What to know about the federal drone bill backed by New Jersey Gov. Phil Murphy

(WASHINGTON) — New Jersey Gov. Phil Murphy is throwing his support behind proposed federal legislation that would address unmanned aircraft systems as the state deals with an ever-growing spate of drone sightings. The bill would grant the Department of Homeland Security and Department of Justice more authority over the unmanned aircraft.

Murphy wrote to President Joe Biden and congressional leaders Thursday calling for more federal resources and the passing of the legislation in light of the unexplained drones sightings within the state’s airspace in recent weeks.

“As New Jersey works alongside our federal partners to identify the source of these UAS, the clock is ticking on the authorization language that enables us to do so,” Murphy wrote. “On December 20th, the U.S Department of Homeland Security and the FBI’s counter-UAS authority will lapse alongside the continuing resolution currently funding the federal government. State and local law enforcement entities lack the authority and capability to counter and mitigate UAS, which would significantly hamper our ability to understand what is happening, so it is of utmost importance that this language is reauthorized in a timely manner.”

“It is also clear that this is not a job the federal government can do on its own and I would encourage you to empower state and local law enforcement entities with the ability to use advanced detection and mitigation technology,” he continued. “Senators [Gary] Peters (D-MI) and [Ron] Johnson (R-WI) have pending legislation, the ‘Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2023’ (S.1631) that would accomplish these goals.”

The Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2023 was introduced in three House of Representatives committees and the Senate Committee on Homeland Security and Governmental Affairs, but has not been voted on in either chamber.

The legislation would allow Homeland Security and the DOJ personnel who are tasked with the safety, security or protection of people, facilities or assets “to detect, identify, monitor, track, and mitigate a credible threat … that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset,” according to the legislation.

Some of the specific actions also include: warning the operator of the unmanned aircraft system; disrupting control of the unmanned aircraft system; seizing or exercising control of the unmanned aircraft system; seizing or otherwise confiscating the unmanned aircraft system; and even using reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system, according to the legislation.

The final section, on disabling, damaging or destroying the drones echoes the sentiment expressed by several politicians, including Democratic Connecticut Sen. Richard Blumenthal and other local officials, that local officials should be able to shoot down any unknown drones to study where they are coming from.

The Department of Homeland Security has warned against that, saying, “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.” Anyone who unlawfully shoots down a drone can also be fined up to $250,000 and face up to 20 years in prison, according to the DHS.

The legislation suggests launching a pilot program for state, local, tribal or territorial agencies to enroll in, allowing them authority over drones for a period of up to six years. Government agencies that are a part of the pilot program will need to report to Congress their usage of the authority, including any privacy or civil liberties complaints.

The secretary of transportation and the attorney general may also provide regulations and shall issue guidance in relation to action stemming from the proposed legislation. They are also to coordinate with the Federal Aviation Administration and the secretary of transportation before carrying out any action.

“I wrote to [Biden] to express my concerns about reports of unmanned aircraft systems in and around NJ airspace. Since existing laws limit the ability of state and local law enforcement to counter UAS, more federal resources are needed to understand what is behind this activity,” Murphy said in a statement.

In his letter to Biden, Murphy wrote that unmanned aircraft systems have introduced additional risks to pubic safety, privacy and homeland security while state and local law enforcement “remain hamstrung by existing laws and policies to successfully counteract them, leaving action around UAS squarely on the shoulders of the federal government.”

“New Jersey residents deserve more concrete information about these UAS sightings and what is causing them. The continued reporting of UAS activity has raised more questions than answers and prompted an outcropping of conspiracy theories across social media and other platforms,” Murphy said.

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