‘We must send a clear message that we will not tolerate unlawful surveillance on American soil,’ Rep. Jen Kiggans said.
Bipartisan legislation has been introduced in the House to safeguard U.S. defense sites from video surveillance by drones operated by foreign agents, particularly those working for the Chinese communist regime.
Reps. Jen Kiggans (R-Va.) and Don Davis (D-N.C.), both members of the House Armed Services Committee, introduced the Drone Espionage Act (
H.R. 2939) to ensure that individuals using drones to take video of U.S. defense infrastructure can be punished under the Espionage Act of 1917, according to a statement Kiggans issued on April 18.
“As a Navy veteran who represents one of the most military-heavy districts in the country, I know how critical it is to safeguard our national defense infrastructure and protect sensitive national security information,” Kiggans
said in the statement.
The legislation would hold bad actors accountable, impose serious repercussions, and protect U.S. national security, she noted.
“As China and other adversaries ramp up threats and increase their drone usage, we must send a clear message that we will not tolerate unlawful surveillance on American soil,” Kiggans said.
The Espionage Act already criminalizes the use of an aircraft for unlawful photography of military installations. The legislation would
amend the law to include “video” in the list of criminal information-gathering means.
If enacted, those found guilty would face up to 10 years of imprisonment, a fine, or both.
“As our adversaries attempt to gain unauthorized access to aerial footage of sensitive military sites, Congress must take action,” Davis said in a statement. “We need a common-sense approach to protect our military installations and safeguard classified information.”
Criminal Cases
Over the past year, there have been two criminal cases of Chinese nationals operating drones.In October 2024, Fengyun Shi, a Chinese citizen studying at the University of Minnesota, was sentenced to six months in prison in the District Court for the Eastern District of Virginia. Months earlier, Shi
pleaded guilty to two misdemeanor counts under the Espionage Act for flying a drone to photograph U.S. military vessels over naval shipyards in Virginia.
One of the shipyards was Newport News Shipbuilding (NNS). In a court filing at the time, Joshua Quitaro, a security manager for NNS, said the facility was being used to build ships and submarines for the U.S. Navy, as well as for refueling nuclear-powered aircraft carriers.
“Much of the work on and several of the components for these naval programs are classified at various levels all the way up to Top Secret in order to protect the national security of the United States,” Quitaro wrote. “Making sure the airspace is secure from unauthorized private drone flights such as the one in Mr. Shi’s case is of critical importance for NNS’s continued work for the U.S. Navy.”
On March 31, Yinpiao Zhou, a Chinese national, was sentenced for a similar offense to the prison time he had served, which was four months, in the District Court for the Central District of California. Zhou, who was
arrested in December 2024, pleaded guilty to one count of violating the national defense airspace, for flying a drone over the Vandenberg Space Force Base in California and taking photos of the installation.
According to a court document, Zhou had used a drone manufactured by China-based DJI, which the Pentagon has added to its list of “Chinese military companies.”
Several weeks before Zhou’s arrest, Vandenberg Space Force Base held a test launch of an unarmed Minuteman III intercontinental ballistic missile. According to a
statement from the base, the test launch was a part of regular activities intended to show that the U.S. nuclear deterrent “is safe, secure, reliable, and effective to deter 21st century threats.”
