[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4792 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4792
To amend the Secure and Trusted Communications Networks Act of 2019 to
add communications equipment and services produced or provided by
Shenzhen Da-Jiang Innovations Sciences and Technologies Company Limited
and Autel Robotics to the list that the Federal Communications
Commission is required to maintain under that Act, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2024
Mr. Scott of Florida (for himself, Mr. Warner, and Mr. Tester)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Secure and Trusted Communications Networks Act of 2019 to
add communications equipment and services produced or provided by
Shenzhen Da-Jiang Innovations Sciences and Technologies Company Limited
and Autel Robotics to the list that the Federal Communications
Commission is required to maintain under that Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering CCP Drones and Supporting
Drones for Law Enforcement Act''.
SEC. 2. COUNTERING CCP DRONES.
(a) Determination of Whether Unmanned Aircraft Systems
Manufacturers Are Chinese Military Companies.--Pursuant to the annual
review required under section 1260H(a) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 113 note), the Secretary of Defense
shall determine if any entity that manufactures or assembles unmanned
aircraft systems (as defined in section 44801 of title 49, United
States Code), or any subsidiary, parent, affiliate, or successor of
such an entity, should be identified under such section 1260H(a) as a
Chinese military company operating directly or indirectly in the United
States.
(b) Addition of Certain Equipment and Services of DJI Technologies
and Autel Robotics to Covered Communications Equipment and Services
List.--
(1) In general.--Section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601) is
amended--
(A) in subsection (c), by adding at the end the
following:
``(5) The communications equipment or service being--
``(A) communications or video surveillance
equipment produced or provided by--
``(i) Shenzhen Da-Jiang Innovations
Sciences and Technologies Company Limited
(commonly known as `DJI Technologies');
``(ii) Autel Robotics; or
``(iii) with respect to an entity described
in clause (i) or (ii) (referred to in this
clause as a `named entity')--
``(I) any subsidiary, affiliate, or
partner of the named entity;
``(II) any entity in a joint
venture with the named entity; or
``(III) any entity to which the
named entity has issued a license to
produce or provide that
telecommunications or video
surveillance equipment; or
``(B) telecommunications or video surveillance
services, including software, provided by an entity
described in subparagraph (A) or using equipment
described in that subparagraph.
``(6)(A) The communications equipment or service being any
communications equipment or service produced or provided by an
entity--
``(i) that is a subsidiary, affiliate, or partner
of an entity that produces or provides any
communications equipment or service described in any of
paragraphs (1) through (5) (referred to in this
subparagraph as a `covered entity');
``(ii) that is in a joint venture with a covered
entity; or
``(iii) to which a covered entity has issued a
license to produce or provide that communications
equipment or service.
``(B) An executive branch interagency body described in
paragraph (1) may submit to the Commission a petition to have
an entity recognized as an entity to which subparagraph (A)
applies.''; and
(B) by adding at the end the following:
``(e) Inapplicability to Authorized Intelligence Activities.--
``(1) Definitions.--In this subsection, the terms
`intelligence' and `intelligence community' have the meanings
given those terms in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
``(2) Inapplicability.--Notwithstanding any other provision
of this section, an action by the Commission under subsection
(b)(1) based on a determination made under paragraph (5) or (6)
of subsection (c) shall not apply with respect to any--
``(A) activity subject to the reporting
requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.);
``(B) activity of an element of the intelligence
community relating to intelligence; or
``(C) activity of, or procurement by, an element of
the intelligence community in support of an activity
relating to intelligence.''.
(2) Conforming amendments.--Section 2 of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) is
amended by striking ``paragraphs (1) through (4)'' each place
that term appears and inserting ``paragraphs (1) through (6)''.
(3) Effective date.--This subsection, and the amendments
made by this subsection, shall take effect on the date that is
180 days after the date of enactment of this Act.
(c) First Responder Secure Drone Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--
(i) In general.--The term ``eligible
entity'' means an agency of an entity described
in clause (ii) that has as a primary
responsibility the maintenance of public
safety.
(ii) Entity described.--An entity described
in this clause is any of the following:
(I) Each of the 50 States, the
District of Columbia, the Commonwealth
of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands.
(II) A political subdivision,
including a unit of local government,
of an entity described in subclause
(I).
(III) A Tribal Government.
(B) Eligible small unmanned aircraft system.--The
term ``eligible small unmanned aircraft system'' means
a small unmanned aircraft system, as defined in part
107 of title 14, Code of Federal Regulations (or any
successor regulation), that--
(i) was not designed, manufactured, or
assembled, in whole or in part, by a foreign
entity of concern; or
(ii) does not include software or 1 or more
critical components from a foreign entity of
concern.
(C) Foreign entity of concern.--The term ``foreign
entity of concern'' has the meaning given the term in
section 9901 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(15 U.S.C. 4651).
(D) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(E) Unmanned aircraft system.--The term ``unmanned
aircraft system'' has the meaning given such term in
section 44801 of title 49, United States Code.
(2) Authority.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program,
in coordination with the Attorney General, to be known as the
First Responder Secure Drone Program, to provide grants to
eligible entities to facilitate the use of eligible small
unmanned aircraft systems.
(3) Use of grant amounts.--An eligible entity may use a
grant provided under this subsection to--
(A) purchase or lease eligible small unmanned
aircraft systems;
(B) purchase or lease software, training, and other
services reasonably associated with the purchase or
lease of eligible small unmanned aircraft systems; and
(C) dispose of unmanned aircraft systems owned by
the eligible entity.
(4) Restrictions on grant uses.--In administering grants
under this program, the Secretary, in coordination with the
Attorney General, shall ensure funds are used in a manner that
safeguards civil liberties and mitigates cybersecurity risks
concerning the operation and use of the eligible small unmanned
aircraft system.
(5) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary an application at such time, in such form, and
containing such information as the Secretary may require,
including an assurance that the eligible entity or any
contractor of the eligible entity, will comply with relevant
Federal regulations.
(6) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the allowable costs of a
project carried out using a grant provided under this
subsection shall not exceed 50 percent of the total
allowable project costs.
(B) Waiver.--The Secretary may increase the Federal
share under subparagraph (A) to up to 75 percent if an
eligible entity--
(i) submits a written application to the
Secretary requesting an increase in the Federal
share; and
(ii) demonstrates that the additional
assistance is necessary to facilitate the
acceptance and full use of a grant under this
subsection, due to circumstances such as
alleviating economic hardship, meeting
additional workforce needs, or any other uses
that the Secretary determines to be
appropriate.
(7) Funding.--There is authorized to be appropriated to the
Secretary, $15,000,000 for fiscal year 2025 to carry out this
subsection, to remain available until expended.
(8) Sunset of program.--The program established under this
subsection shall end on the date that is the earlier of--
(A) the date on which all appropriations authorized
under paragraph (7) are expended; and
(B) the date that is 2 years after the date of
enactment of this Act.
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