US plans to legislate a ban on drones filming military installations, with maximum sentence of 10 years

The United States Congress proposed bipartisan legislation in the House of Representatives to classify the act of using drones to film U.S. military facilities as a crime, aiming to ensure that American military installations are protected from foreign spies, especially Chinese Communist agents.

Recently, House Armed Services Committee members Rep. Jen Kiggans from Virginia, a Republican, and Rep. Don Davis from North Carolina, a Democrat, jointly introduced the “Unmanned Aerial Systems (UAS) Espionage Act” (H.R. 2939).

According to a statement released by the House on April 18, this legislation is designed to ensure that individuals using drones to film U.S. defense infrastructure can be punished under the 1917 Espionage Act.

Rep. Kiggans stated in the release, “As a Navy veteran representing one of the most densely populated areas of critical military installations in the nation, I understand how important it is to defend our defense infrastructure and protect sensitive national security information.”

She added that this legislation would hold wrongdoers accountable, imposing strict penalties to safeguard America’s national security.

Kiggans pointed out, “With the rising threats from China and other adversaries, along with the increased use of drones, we must send a clear message: we will not tolerate illegal surveillance activities on American soil.”

Prior to this, the Espionage Act had already criminalized the unauthorized filming of military facilities using aircraft. The UAS Espionage Act would amend the law to include “video” as a form of criminal information gathering.

If passed, offenders could face up to 10 years in prison, fines, or both.

Rep. Davis stated in a release, “As our adversaries seek to obtain aerial footage of sensitive military sites unauthorized, Congress must act. We need a common-sense approach to protecting our military installations and classified information.”

Over the past year, there have been at least two cases of Chinese citizens operating drones to film military facilities in the U.S.

In October last year, Chinese citizen Fengyun Shi, studying at the University of Minnesota, was sentenced to 6 months in prison by the Eastern District Court of Virginia. Months ago, Shi operated a drone to film U.S. military ships over the Naval Shipyard in the state and pleaded guilty to two misdemeanors under the Espionage Act.

Shi had filmed the Newport News Shipbuilding (NNS). According to court documents at the time, Joshua Quitaro, NNS’s security manager, highlighted the facility’s role in building ships and submarines for the U.S. Navy, including refueling nuclear-powered aircraft carriers.

Quitaro wrote, “To protect U.S. national security, many operations and components of these naval programs are classified at varying levels of secrecy, some of the highest levels. Ensuring airspace security, preventing unauthorized private drones flying, as in Shi’s case, is vital for NNS’s continued work for the US Navy.”

Another case occurred in California. On March 31, a Chinese citizen, Yinpiao Zhou, was sentenced to 4 months in prison.

In November 2024, Zhou flew a drone over the Vandenberg Space Force Base, taking photos of the facility. In December of that year, Zhou was arrested when attempting to fly back to China from San Francisco. He admitted to a charge of violating national defense airspace.

According to court documents, Zhou used a drone manufactured by Chinese company “DJI,” which had been blacklisted by the Pentagon as a “Chinese military enterprise.”

Just weeks before Zhou’s arrest, the Vandenberg Space Force Base conducted a test launch of an unarmed Minuteman III intercontinental ballistic missile as part of routine testing to demonstrate the safety and reliability of U.S. nuclear deterrence against 21st-century threats.