I 

118TH CONGRESS 

2D SESSION H. R. 8416 

To amend the Harmonized Tariff Schedule of the United States to increase 

the rate of duty on unmanned aircraft, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2024 

Ms. STEFANIK (for herself, Mr. MOOLENAAR, Mr. WITTMAN, Mrs. HINSON, 

and Mr. BANKS) introduced the following bill; which was referred to the 

Committee on Ways and Means, and in addition to the Committees on 

Transportation and Infrastructure, and Agriculture, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Harmonized Tariff Schedule of the United 

States to increase the rate of duty on unmanned aircraft, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drones for First Re5 sponders Act’’. 


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1 SEC. 2. FINDINGS AND SENSE OF CONGRESS. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Unmanned aircraft that are made in the 

5 People’s Republic of China dominate the current 

6 market in the United States for unmanned aircraft 

7 and present an unacceptable national security risk. 

8 (2) Through direct subsidization and targeted 

9 investment by the Chinese Communist Party, un10 manned aircraft suppliers in the People’s Republic 

11 of China are undercutting the domestic and 

12 partnered unmanned aircraft markets and under13 mining ad valorem tariffs. 

14 (3) Over 90 percent of unmanned aircraft oper15 ated by America’s first responders are made in the 

16 People’s Republic of China. 

17 (4) It is strategically critical for first respond18 ers, critical infrastructure providers, and farmers 

19 and ranchers to have access to secure unmanned air20 craft that are manufactured in the United States or 

21 by our partners and allies. 

22 (5) The United States cannot rely on the Peo23 ple’s Republic of China to supply unmanned aircraft 

24 that are critical to first responder operations. 

25 (6) It is vital to the national security of the 

26 United States that unmanned aircraft manufacturVerDate Sep 11 2014 02:58 Jun 22, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8416.IH H8416

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1 ers of the United States and our partners and allies 

2 are competitive with Chinese unmanned aircraft 

3 manufacturers. 

4 (7) The United States has a national security 

5 interest in securing the supply chain for unmanned 

6 aircraft to the domestic market, allies, and free 

7 trade partners. 

8 (8) Implementing tariffs on unmanned aircraft 

9 from the People’s Republic of China has the effect 

10 of incentivizing sourcing domestically and in allied 

11 and partnered countries, which in turn has the effect 

12 of promoting resilient supply chains. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that phasing-in a protective specific duty for un15 manned aircraft is prudent and necessary to safeguard 

16 this critical industry and increase the competitiveness of 

17 the unmanned aircraft industry outside of the People’s Re18 public of China. 

19 SEC. 3. DUTY INCREASE FOR IMPORTS OF UNMANNED AIR20 CRAFT. 

21 (a) IN GENERAL.—Subchapter III of chapter 99 of 

22 the HTS is amended— 

23 (1) by inserting the following new subheadings 

24 9903.87.01 and 9903.87.02, and the superior head25 ing to subheading 9903.87.01, with the article deVerDate Sep 11 2014 02:58 Jun 22, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8416.IH H8416

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1 scription for subheading 9903.87.01 having the 

2 same degree of indentation as the article description 

3 for subheading 9903.85.11: 

‘‘Heading/ 

Subheading 

Article Description 

Rates of Duty 

1 

2 

General Special 

Articles the product 

of China:.

9903.87.01 Unmanned aircraft, as provided 

for in note 31 to 

subchapter III of 

chapter 99 (provided for in subheadings 

8806.10.00, 

8806.21.00, 

8806.22.00, 

8806.23.00, 

8806.24.00, 

8806.29.00, 

8806.91.00, 

8806.92.00, 

8806.93.00, 

8806.94.00, or 

8806.99.00) ........ The rates of duty provided in note 

31 to this subchapter 

No change No change 

’’. 

4 (2) by inserting the following new U.S. note to 

5 subchapter III of chapter 99 in numerical sequence: 

6 ‘‘31.(a) For the purposes of subheading 

7 9903.87.01, certain products of China shall be sub8 ject to additional ad valorem rates of duty, as pro9 vided for in this note. The products of China that 

10 are subject to additional ad valorem rates of duty 

11 under subheading 9903.87.01 and in accordance 

12 with the provisions of this note are products of 

13 China that are classified in the following sub14 headings: 8806.10.00, 8806.21.00, 8806.22.00, 

15 8806.23.00, 8806.24.00, 8806.29.00, 8806.91.00, 


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1 8806.92.00, 8806.93.00, 8806.94.00, or 8806.99.00. 

2 All products of China that are classified in the sub3 headings enumerated in this U.S. note are subject to 

4 the additional ad valorem rates of duty imposed by 

5 subheading 9903.87.01, in accordance with the pro6 visions of this note. 

7 ‘‘(b) The duty rate in the Rates of Duty 1-Gen8 eral column for goods entered under subheading 

9 9903.87.01 shall be as follows: 

10 ‘‘(1) Effective with respect to goods en11 tered for consumption, or withdrawn from 

12 warehouse for consumption, on or after 12:01 

13 a.m. eastern daylight time on the day that is 30 

14 days after the date of enactment of the Drones 

15 for First Responders Act through the close of 

16 the day that is one year after the date of enact17 ment: 30%. 

18 ‘‘(2) Effective with respect to goods en19 tered for consumption, or withdrawn from 

20 warehouse for consumption, on or after 12:01 

21 a.m. eastern daylight time on the day after the 

22 day that is one year after the date of enactment 

23 through the close of the day that is two years 

24 after the date of enactment: 35%. 


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1 ‘‘(3) Effective with respect to goods en2 tered for consumption, or withdrawn from 

3 warehouse for consumption, on or after 12:01 

4 a.m. eastern daylight time on the day after the 

5 day that is two years after the date of enact6 ment through the close of the day that is three 

7 years after the date of enactment: 40%. 

8 ‘‘(4) Effective with respect to goods en9 tered for consumption, or withdrawn from 

10 warehouse for consumption, on or after 12:01 

11 a.m. eastern daylight time on the day after the 

12 day that is three years after the date of enact13 ment through the close of the day that is four 

14 years after the date of enactment: 45%. 

15 ‘‘(5) Effective with respect to goods en16 tered for consumption, or withdrawn from 

17 warehouse for consumption, on or after 12:01 

18 a.m. eastern daylight time on the day after the 

19 day that is four years after the date of enact20 ment: $100 each + 50%. 

21 ‘‘(c) Notwithstanding U.S. note 1 to this sub22 chapter, all products of China that are subject to the 

23 additional ad valorem rates of duty imposed by sub24 heading 9903.87.01, and provided for in this note, 

25 shall also be subject to the additional rates of duty 


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1 imposed by any other headings or subheadings in 

2 subchapter III of chapter 99 of the HTS and to the 

3 general rates of duty imposed on products of China 

4 classified in the subheadings enumerated in this 

5 note. 

6 ‘‘(d) Products of China that are classified in 

7 the subheadings enumerated in this note that are el8 igible for temporary duty exemptions or reductions 

9 under subchapter II to chapter 99, shall be subject 

10 to the additional ad valorem rates of duty imposed 

11 by subheading 9903.87.01. 

12 ‘‘(e) Products of China that are provided for in 

13 subheading 9903.87.01 and classified in one of the 

14 subheadings enumerated in this note shall continue 

15 to be subject to antidumping, countervailing, or 

16 other duties, fees, exactions, and charges that apply 

17 to such products.’’. 

18 (b) EFFECTIVE DATE.—Subheading 9903.87.01, the 

19 superior heading to subheading 9903.87.01, and U.S. note 

20 31 to subchapter III of chapter 99 of the HTS, as added 

21 by subsection (a), shall be effective with respect to goods 

22 entered for consumption, or withdrawn from warehouse 

23 for consumption, on or after 12:01 a.m. eastern daylight 

24 time 30 days after the date of enactment of this Act. 


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1 SEC. 4. STRENGTHENED RULES OF ORIGIN FOR ENTRIES 

2 OF UNMANNED AIRCRAFT UNDER HEADING 

3 8806 OF THE HTS. 

4 (a) IN GENERAL.—Notwithstanding any provisions of 

5 the general notes to the HTS, beginning on January 1, 

6 2030, unmanned aircraft classified under heading 8806 

7 of the HTS may not enter the customs territory of the 

8 United States unless— 

9 (1) the entry of the unmanned aircraft is ac10 companied by a certificate or other documentation 

11 required by U.S. Customs and Border Protection es12 tablishing the unmanned aircraft does not contain a 

13 flight controller, radio, data transmission device, 

14 camera, gimbal, ground control system, operating 

15 software, network connectivity hardware, or data 

16 storage manufactured in the People’s Republic of 

17 China; and 

18 (2) U.S. Customs and Border Protection con19 firms the veracity of the certificate or other docu20 mentation required by paragraph (1). 

21 (b) EXEMPTION.— 

22 (1) IN GENERAL.—Subsection (a) shall not 

23 apply with respect to unmanned aircraft classified 

24 under heading 8806 of the HTS that— 

25 (A) the Federal Aviation Administration 

26 has, before January 1, 2025— 


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1 (i) authorized for operations under 

2 the provisions of title 14 of part 135 of the 

3 Code of Federal Regulations; or 

4 (ii) included in an air carrier’s exemp5 tion under section 44807 of title 49, 

6 United States Code; and 

7 (B) are not manufactured in whole by a 

8 covered foreign entity or in a foreign adversary 

9 country. 

10 (2) LIST.—Not later than January 1, 2025, the 

11 Administrator of the Federal Aviation Administra12 tion shall— 

13 (A) provide the Commissioner for U.S. 

14 Customs and Border Protection with a list of 

15 unmanned aircraft that qualify for the exemp16 tion under this subsection; and 

17 (B) certify that the list required by sub18 paragraph (A) contains only unmanned aircraft 

19 that are not manufactured in whole by a cov20 ered foreign entity or in a foreign adversary 

21 country. 

22 (c) DEFINITIONS.—In this section— 

23 (1) the term ‘‘air carrier’’ has the meaning 

24 given that term in section 40102 of title 49, United 

25 States Code; and 


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1 (2) the term ‘‘customs territory of the United 

2 States’’ has the meaning given that term in general 

3 note 2 of the HTS. 

4 SEC. 5. SECURE UNMANNED AIRCRAFT SYSTEMS FOR 

5 FIRST RESPONDERS FUND AND GRANT PRO6 GRAM. 

7 (a) SECURE UNMANNED AIRCRAFT SYSTEMS FOR

8 FIRST RESPONDERS FUND.— 

9 (1) ESTABLISHMENT.—There is established in 

10 the Treasury of the United States a fund, to be 

11 known as the ‘‘Secure Unmanned Aircraft Systems 

12 for First Responders Fund’’ (in this section referred 

13 to as the ‘‘Fund’’). 

14 (2) DEPOSIT OF AMOUNTS.—There shall be de15 posited in the Fund all duties imposed and collected 

16 by the United States under subheading 9903.87.01 

17 of the HTS, and as further provided for under U.S. 

18 note 31 to subchapter III of chapter 99 of the HTS, 

19 as added by section 3(a). 

20 (3) USE OF AMOUNTS.— 

21 (A) IN GENERAL.—The Secretary is au22 thorized to use the amounts in the Fund for a 

23 fiscal year for purposes of carrying out the 

24 grant program established under subsection (b) 

25 for the next fiscal year. 


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1 (B) UNOBLIGATED AND UNEXPENDED

2 FUNDS.—The Secretary is authorized to make 

3 amounts in the Fund that are not obligated or 

4 expended in accordance with subparagraph (A) 

5 available for the purposes described in subpara6 graph (A) for the next available fiscal year. 

7 (b) GRANT PROGRAM.— 

8 (1) IN GENERAL.—Beginning not later than 

9 one year after the date of the enactment of this Act, 

10 the Secretary shall establish and carry out a pro11 gram to provide grants on a fiscal year basis to first 

12 responders, farmers and ranchers, and providers of 

13 critical infrastructure to— 

14 (A) purchase or lease secure unmanned 

15 aircraft systems; 

16 (B) support operational capabilities of such 

17 systems by the grant recipient; and 

18 (C) support the program management ca19 pability of the grant recipient to use such sys20 tems. 

21 (2) CONSULTATION.—In carrying out the pro22 gram, the Secretary shall— 

23 (A) consult with the Secretary of Agri24 culture with respect to developing criteria for 


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1 reviewing applications for grants submitted on 

2 behalf of farmers and ranchers; and 

3 (B) consult with the Secretary of Trans4 portation with respect to providing grants to 

5 providers of critical infrastructure. 

6 (3) PRIORITY FOR GRANTS.—Of the amounts 

7 made available for purposes of carrying out the pro8 gram— 

9 (A) 60 percent of such amounts in the 

10 Fund shall be made available for grants that 

11 benefit first responders; 

12 (B) 20 percent of such amounts in the 

13 Fund shall be made available for grants that 

14 benefit farmers and ranchers; and 

15 (C) 20 percent of such amounts in the 

16 Fund shall be made available for grants that 

17 benefit providers of critical infrastructure. 

18 (4) REVIEW OF APPLICATIONS.— 

19 (A) DEADLINE.— 

20 (i) IN GENERAL.—Except as provided 

21 in clause (iii), the Secretary shall approve 

22 or deny an application for a grant under 

23 the program not later than 90 days after 

24 the date of the submission of the applica25 tion. 


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1 (ii) ALLOCATION TIMING.—Amounts 

2 under a grant shall be allocated in a man3 ner that prioritizes the funding to recipi4 ents in States or localities that have estab5 lished bans on the purchase, lease, or oper6 ation of unmanned aircraft based on their 

7 country of origin or on their manufacturer. 

8 (iii) ADDITIONAL TIME NEEDED FOR

9 REVIEW.—If the Secretary determines 

10 that, because an excessive number of appli11 cations have been filed at one time, the 

12 Secretary needs additional time for the 

13 Secretary to process the applications, the 

14 Secretary may extend the deadline de15 scribed in clause (i) for not more than 45 

16 days. 

17 (B) EFFECT OF DENIAL.—Denial of an 

18 application for a grant under the program shall 

19 not preclude the applicant from resubmitting 

20 the application with additional documentation 

21 or submitting a new application at a later date. 

22 (5) REPORT.—Not later than 1 year after the 

23 date on which the program is established, and annu24 ally thereafter, the Secretary shall submit to Con25 gress a report on the implementation of the program 


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1 in the prior year, including a description of all 

2 grants provided under the program and the amounts 

3 of such grants. 

4 SEC. 6. DEFINITIONS. 

5 In this Act: 

6 (1) COVERED FOREIGN ENTITY.—The term 

7 ‘‘covered foreign entity’’ means a foreign entity that 

8 is— 

9 (A) an entity on the Federal Government’s 

10 Consolidated Screening List; 

11 (B) an entity on the Department of De12 fense’s Chinese Military Company List as es13 tablished by section 1260H of William M. 

14 (Mac) Thornberry National Defense Authoriza15 tion Act for Fiscal Year 2021 (10 U.S.C. 113 

16 note); 

17 (C) an entity on the Department of Treas18 ury’s Non-SDN Chinese Military Industrial 

19 Complex Companies List; 

20 (D) an entity on the Department of Home21 land Security’s Uyghur Forced Labor Preven22 tion Act Entity List; or 

23 (E) an entity identified as a covered for24 eign entity, as such term is defined in section 

25 1822(1) of the American Security Drone Act of 


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1 2023 (41 U.S.C. note prec. 3901), for purposes 

2 of such Act. 

3 (2) CRITICAL INFRASTRUCTURE.—The term 

4 ‘‘critical infrastructure’’ has the meaning given that 

5 term in the Critical Infrastructures Protection Act 

6 of 2001 (42 U.S.C. 5195c). 

7 (3) FIRST RESPONDER.—The term ‘‘first re8 sponder’’ has the meaning given that term in section 

9 3025 of the Omnibus Crime Control and Safe 

10 Streets Act of 1968 (34 U.S.C. 10705). 

11 (4) FOREIGN ADVERSARY COUNTRY.—The term 

12 ‘‘foreign adversary country’’ means a covered nation, 

13 as such term is defined in section 4872(d)(2) of title 

14 10, United States Code. 

15 (5) HTS.—The term ‘‘HTS’’ means the Har16 monized Tariff Schedule of the United States. 

17 (6) FUND.—The term ‘‘Fund’’ means the Se18 cure Unmanned Aircraft Systems for First Respond19 ers Fund established by section 5. 

20 (7) SCHEDULE OF CONCESSIONS.— 

21 (A) IN GENERAL.—The term ‘‘Schedule of 

22 Concessions’’ means Schedule XX of the WTO. 

23 (B) TERMS FROM URUGUAY ROUND

24 AGREEMENTS ACT.—In this paragraph, the 

25 terms ‘‘Schedule XX’’ and ‘‘WTO’’ have the 


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1 meanings given such terms in section 2 of the 

2 Uruguay Round Agreements Act (19 U.S.C. 

3 3501). 

4 (8) SECRETARY.—Except as otherwise provided, 

5 the term ‘‘Secretary’’ means— 

6 (A) the Secretary of Homeland Security; 

7 or 

8 (B) the Secretary’s designee. 

9 (9) SECURE UNMANNED AIRCRAFT SYSTEM.— 

10 The term ‘‘secure unmanned aircraft system’’ means 

11 an unmanned aircraft system, as such term is de12 fined in section 44801 of title 49, United States 

13 Code, that is not manufactured or assembled by a 

14 covered foreign entity or in a foreign adversary 

15 country. 

Æ 


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