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Code · BILL · 119th Congress · H.R. 3838 (Engrossed in House) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 1723

Sec. 1723. Evaluation of risks posed by communications equipment and services produced by foreign adversary entities

469 words·~2 min read·/bill/119/hr/3838/eh/section-1723·

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Section 1709 of the National Defense Authorization Act for Fiscal Year 2025 ( Public Law 118–159 ; 47 U.S.C. 1601 note) is amended— in subsection (a), in the subsection heading, by striking and inserting to covered list ; produced by DJI Technologies or Autel Robotics by redesignating subsections (b), (c), and
(d)as subsections (c), (d), and (e), respectively; by inserting after subsection
(a)the following new subsection: Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, an appropriate national security agency shall determine if any of the following communications equipment or services, including software, pose an unacceptable risk to the national security of the United States or the security and safety of United States persons: Unmanned aircraft systems or cameras that are designed, developed, manufactured, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. Unmanned aircraft systems or cameras with integrated software provided by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. Equipment that uses spectrum in the 5030–5091 MHz band, governed by part 88 of title 47, Code of Federal Regulations (or successor regulations), or in the 5150–5850 MHz band, governed by part 15 of title 47, Code of Federal Regulations (or successor regulations), that is designed, developed, manufactured, licensed, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. If the appropriate national security agency does not make a determination as required by paragraph
(1)by the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Commission shall add all equipment and services listed in paragraph
(1)to the covered list. ; in subsection (c), as redesignated by paragraph (2), by inserting or (b)(1) after subsection (a)(1) each place it appears; in subsection (d), as so redesignated, by adding at the end the following: The term unmanned aircraft system has the meaning given that term in section 44801 of title 49, United States Code. The term foreign adversary — means a foreign adversary (as such term is defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c) )); and includes any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. The term person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary has the meaning given such term in section 791.301 of title 15, Code of Federal Regulations, or any such successor regulation. ; and in subsection (e), as so redesignated, by striking subsection (b)(1)(A) and inserting subsection (c)(1)(A) .
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Sec. 1723
Evaluation of risks posed by communications equipment and services produced by foreign adversary entities
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