U.S. lawmakers unveiled the FY25 NDAA bill on Saturday. I will post the text of interest below along with the full text of the bill. For those following along at home, our beat starts on page 1084.
It still has to be voted on and does not replace current law that is still in effect.
To ensure the security of DJI and Autel drones, the government, especially the appropriate national security agencies as defined in Section 9 of the Secure and Trusted Communications Networks Act of 2019, must address the security concerns that some agencies have. An evaluation must be performed.
This evaluation must be completed within one year of enactment of the law.
The assessment focuses on whether drone communications and video surveillance equipment and services pose an “unacceptable risk” to U.S. national security or the safety of American individuals.
The scope of the evaluation extends beyond DJI and Autel itself to include:
its subsidiaries, affiliates and partners.
This is a company participating in a joint venture with them.
Entities that have entered into technology sharing or licensing agreements. (Anzu)
The evaluation also includes communications and video surveillance services, including software, provided by these entities or utilizing their equipment.
Evaluation results:
Unacceptable risks: If the agency determines that a drone poses an unacceptable risk, the Federal Communications Commission (FCC) has 30 days to add the drone to its “targeted list.” This measure effectively bans its use in the United States. The agency must also submit a report, which may include a confidential annex, summarizing its findings to the relevant congressional committees.
No unacceptable risks: If the agency finds no unacceptable risks, it will submit a report, potentially with a confidential appendix, to the appropriate congressional committee. Other relevant national security agencies must review the decision and submit their own reports to congressional committees within 180 days.
Savings provisions: The bill includes a “conservation provision” that protects the use of drones permitted under other laws, including defense and aviation. National security agencies would be required to notify the FCC whether it would be appropriate to enable such use if drones were added to a “target list,” and the FCC could establish rules or policies to allow such use.
secretary. 1709. Analysis of specific unmanned aerial vehicle 17 system objects. 18 (a) Evaluation of telecommunication services 19 and equipment from that list.— (1) General.
Not later than one year after the date of enactment of this Act, the appropriate national security agency shall determine whether any communications or video surveillance equipment or service poses an unacceptable risk to the national security or national security of the United States that: Americans are safe:
(A) Telecommunications or video surveillance equipment produced by Shenzhen Da-Jiang Innovations Sciences and Technologies Company Limited (commonly known as ”DJI Tech7 noologies”).
(B) Communication or video surveillance equipment produced by Autel Robotics 9.
(C) With respect to an entity described in subparagraph (A) or (B) of paragraph 11 (referred to in this subparagraph as a “named entity”);
(i) a subsidiary, affiliate or partner of such entity;
(ii) any entity in a joint venture with a named entity; or
(iii) Any entity with which the Named Entity has entered into a technology sharing or licensing agreement.
(D) Telecommunications or video surveillance services, including software, provided by an entity described in subparagraphs (A), (B), and (C) or using equipment described in those subparagraphs.
(2) Add to that list. – If the appropriate national security agency fails to make the determination required by paragraph (1) within one year after the enactment of this Act, the Commission shall add all telecommunications equipment and services listed in paragraph (1) to that list. .
(b) Inclusion of certain telecommunications services and equipment in such list.
(1) Decision. – within 30 days after the appropriate state security authority determines that the telecommunications equipment or services specified in sub-clause 10
(a)(1) presents an unacceptable risk to the national security of the 14 United States or to the security and safety of Americans;
(A) The commission shall place such telecommunications equipment or services on the applicable list. and
(B) The appropriate national security agency shall submit to the appropriate congressional committee a report on its determination, which report shall be submitted in nonclassified form but may include a classified annex.
(2) Other determinations – within 30 days after the appropriate national security agency determines the telecommunications equipment or services specified in subsection
(a)(1) Does not pose an unacceptable risk to the national security of the United States or to the security and safety of U.S. persons.
(A) The agency shall submit a report on its decision to the appropriate congressional committee, which report shall be filed in non-confidential form but may include a confidential annex. and
(B) Within 180 days after the decision, all other applicable national security agencies shall review the decision and submit a report on the decision to the appropriate congressional committee, which report shall be submitted in non-public form but may include a confidential annex. (c) Definition. – In this section:
(1) The term ‘applicable national security agency’ has the same meaning as that term in section 9 of the Secure and Trustworthy Communications Networks Act of 2019 (47 USC 1608).
(2) The term “Commission” means the Federal Communications Commission.
(3) The term “covered list” means the list of covered telecommunications equipment or services published by the commission pursuant to section.
(a) Secure and Reliable Communications Networks Act. 5
(4) The term ‘appropriate parliamentary committee’ means—
(A) The Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate;
(B) Of the House of Representatives, the Committee on Armed Services, the Committee on Homeland Security, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence.
(5) ‘‘Technology sharing agreement’’ means an agreement under which a named entity licenses technology to a company, either directly or through an intermediate manufacturer.
(d) Savings clause. – Nothing herein shall be construed to override or affect the uses permitted by sections 1823 through 1832 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) and sections 936 and 1032 of the Federal Aviation Act. It works. Executive Reauthorization Act of 2024 (Public Law 118-63), and the terms therein.
If the Commission includes a telecommunications device or service on the covered list pursuant to subsection (b)(1)(A) of this section, the appropriate national security agency shall provide the necessary information regarding whether and how it is appropriate to enable such use. It must be provided to the committee. To enable such use, if necessary, the Commission may promulgate implementing rules or policies accordingly.
relevant
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