US lawmakers introduced the FY25 National Defense Authorization Act (NDAA) bill on Saturday, and I will provide the relevant text below along with the bill in its entirety. Alongside your residence, our journey begins on page 1084.
Although this proposal requires a vote and does not override existing legislation that is currently in force.
The Federal Aviation Administration (FAA) should conduct a comprehensive analysis to ensure the safety of DJI and Autel drones, considering potential hazards and mitigating measures outlined in part 9 of the Safe and Trusted Communications Networks Act of 2019.
The comprehensive analysis required by this legislation should be completed within one year from its effective date.
The inquiry will focus on assessing whether the drones’ communication and video surveillance equipment pose a credible, unacceptable threat to the national security of the United States or the well-being of its citizens.
The analysis encompasses a broader landscape, encompassing not only DJI and Autel but also examining the industry at large.
Their subsidiaries, associates, and companions.
Parties involved in collaborative partnerships with them.
Companies having collaborative arrangements for intellectual property sharing or licensing purposes.
The analysis also extends to communication services, video surveillance solutions, and software offerings from these providers, as well as those utilizing their equipment.
If the company deems the drones pose an intolerable risk, the Federal Communications Commission will list them on its “banned list” within a 30-day timeframe. This proposed legislation would effectively prohibit the usage of these products in the United States. The company may be mandatorily required to furnish a detailed report, accompanied by a clearly labelled appendix, to the relevant Congressional committees, summarizing its investigative results.
The company will submit a report to the relevant Congressional committees, accompanied by a labelled annex, if no unacceptable threat is identified. Nationwide safety organizations with varying interests are given a 180-day window to review the proposal and submit their individual reports to Congress, providing valuable insights for lawmakers.
The legislation includes a “financial savings clause” that preserves the permissibility of drone usage governed by other relevant laws, such as those related to national defense and aviation. The nationwide safety company must notify the FCC as to whether permitting these applications is appropriate, with drones listed on the “coated checklist,” following which the FCC can establish rules or regulations allowing such uses.
SEC. 1709. Analysis of Certain Unmanned Aerial Vehicle Systems Entities.
EVALUATION PROCEDURES FOR COMMUNICATIONS SERVICES AND EQUIPMENT COVERING THE LISTED ITEMS.
Not more than one year following the effective date of this legislation, a relevant national security entity shall determine whether any of the following communications or video surveillance equipment or services pose an unreasonable risk to the national security of the United States or the safety and well-being of U.S. citizens.
Manufactured by Shenzhen DJI Innovation Technology Co., Ltd, commonly referred to as DJI Technologies.
Autel Robotics’ line of communications or video surveillance equipment includes a range of innovative products designed to meet the diverse needs of professionals and hobbyists alike.
With regard to an entity that falls under the descriptions outlined in subparagraphs (A) and (B), specifically referred to as “named entities” within this context –
Any direct or indirect subsidiary, affiliate, or companion company of the named entity.
any entity having a three-way partnership relationship with the aforementioned party.
Any entity with which the named entity shares know-how through a settlement or license agreement.
Communications or video surveillance services provided, in conjunction with software solutions, by entities falling under categories (A), (B), and (C), or using equipment specified in these subparagraphs.
Not later than one year from the date of enactment, if no suitable nationwide safety company makes a designation as required by paragraph (1), the Commission shall promptly add all equipment and services listed in paragraph (1) to the covered list.
The inclusion of certain communications services and equipment to the covered list is envisioned.
Within 30 days of determining a threat to national security, a nationwide safety company must notify Congress that certain communications equipment or services pose a risk. The notification shall specify the equipment or services and the reasons why they compromise national security. This determination will then trigger an immediate review process to assess the potential risks and develop strategies to mitigate them effectively.
Is a current and unacceptable threat to the national security of the United States, posing a substantial risk to the safety and well-being of its citizens.
The fee shall ensure that all communications equipment or services are listed on the designated inventory.
The nationwide safety company, suitably designated, shall submit to relevant congressional committees a comprehensive report detailing its commitment and efforts, presented in an unclassified format, with the possibility of including a classified annex if necessary.
The Federal Communications Commission determines that any of the communications equipment or services listed in subsection (a)(1)(B)(i)-(vii) of this section are subject to a significant risk of causing harm to public health and safety.
“(a) The alien does not pose an unacceptable threat to the national security of the United States, nor does it threaten the safety and security of individual Americans.”
The company will submit a report to appropriate congressional committees, detailing its findings in an unclassified format, with the option of including a redacted annex.
Within 180 days of dedication, all relevant national safety entities will conduct a thorough review of the commitment and provide an unclassified report to suitable congressional committees, with the option to include a classified annex. (c) DEFINITIONS.—On this part:
The time period ‘applicable nationwide safety company’ has the same meaning as the term in Section 9 of the Safe and Trusted Communications Networks Act of 2019 (47 U.S.C. § 615a(5)). 1608)).
The time period referred to as “Fee” is the Federal Communications Commission’s (FCC) Federal-State Joint Board on Jurisdictional Separations.
The Commission’s list of coated communication devices or services disclosed under section
The Secure and Trustworthy Communications Networks Act. 5
The term “applicable congressional committees” pertains to a specific timeframe.
The committees comprising the Senate’s Armed Services, Homeland Security and Governmental Affairs, Commerce, Science and Transportation, and Select Committee on Intelligence.
The committees in question are: the Committee on Armed Services, the Committee on Homeland Security, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence in the House of Representatives.
The term “know-how sharing agreement” refers to a settlement in which a named entity licenses its technology directly or through an intermediary producer to another company, enabling the transfer and utilization of proprietary knowledge.
(d) SAVINGS CLAUSE.—This provision shall not supersede or impact the uses permitted by Sections 1823-1832 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31) and Sections 936 and 1032 of the Federal Aviation Administration Reauthorization Act of 2024 (Pub. L. 118-63), including any relevant period or duration thereof.
If the Commission identifies communications gear or providers on the pre-coated checklist in accordance with subsection (b)(1)(A) of this part, the designated national security agency shall furnish the Commission with requisite information regarding whether enabling these uses is appropriate and guidance on how to permit these uses if necessary; and the Commission may promulgate implementing regulations or policies accordingly.
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