[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8416 Introduced in House (IH)]

<DOC>






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.

    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 ``Drones for First Responders Act''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) Unmanned aircraft that are made in the People's 
        Republic of China dominate the current market in the United 
        States for unmanned aircraft and present an unacceptable 
        national security risk.
            (2) Through direct subsidization and targeted investment by 
        the Chinese Communist Party, unmanned aircraft suppliers in the 
        People's Republic of China are undercutting the domestic and 
        partnered unmanned aircraft markets and undermining ad valorem 
        tariffs.
            (3) Over 90 percent of unmanned aircraft operated by 
        America's first responders are made in the People's Republic of 
        China.
            (4) It is strategically critical for first responders, 
        critical infrastructure providers, and farmers and ranchers to 
        have access to secure unmanned aircraft that are manufactured 
        in the United States or by our partners and allies.
            (5) The United States cannot rely on the People's Republic 
        of China to supply unmanned aircraft that are critical to first 
        responder operations.
            (6) It is vital to the national security of the United 
        States that unmanned aircraft manufacturers of the United 
        States and our partners and allies are competitive with Chinese 
        unmanned aircraft manufacturers.
            (7) The United States has a national security interest in 
        securing the supply chain for unmanned aircraft to the domestic 
        market, allies, and free trade partners.
            (8) Implementing tariffs on unmanned aircraft from the 
        People's Republic of China has the effect of incentivizing 
        sourcing domestically and in allied and partnered countries, 
        which in turn has the effect of promoting resilient supply 
        chains.
    (b) Sense of Congress.--It is the sense of Congress that phasing-in 
a protective specific duty for unmanned aircraft is prudent and 
necessary to safeguard this critical industry and increase the 
competitiveness of the unmanned aircraft industry outside of the 
People's Republic of China.

SEC. 3. DUTY INCREASE FOR IMPORTS OF UNMANNED AIRCRAFT.

    (a) In General.--Subchapter III of chapter 99 of the HTS is 
amended--
            (1) by inserting the following new subheadings 9903.87.01 
        and 9903.87.02, and the superior heading to subheading 
        9903.87.01, with the article description for subheading 
        9903.87.01 having the same degree of indentation as the article 
        description for subheading 9903.85.11:


----------------------------------------------------------------------------------------------------------------
                                                                         Rates of Duty
                                              ------------------------------------------------------------------
    ``Heading/         Article Description                          1
    Subheading                                ---------------------------------------------           2
                                                      General                Special
----------------------------------------------------------------------------------------------------------------
                   Articles the product of
                    China:.
9903.87.01           Unmanned aircraft, as     The rates of duty      No change             No change
                      provided for in note 31   provided in note 31
                      to subchapter III of      to this subchapter
                      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).........
                                                                                            ''.
----------------------------------------------------------------------------------------------------------------

            (2) by inserting the following new U.S. note to subchapter 
        III of chapter 99 in numerical sequence:
            ``31.(a) For the purposes of subheading 9903.87.01, certain 
        products of China shall be subject to additional ad valorem 
        rates of duty, as provided for in this note. The products of 
        China that are subject to additional ad valorem rates of duty 
        under subheading 9903.87.01 and in accordance with the 
        provisions of this note are products of China that are 
        classified in the following 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. 
        All products of China that are classified in the subheadings 
        enumerated in this U.S. note are subject to the additional ad 
        valorem rates of duty imposed by subheading 9903.87.01, in 
        accordance with the provisions of this note.
            ``(b) The duty rate in the Rates of Duty 1-General column 
        for goods entered under subheading 9903.87.01 shall be as 
        follows:
                    ``(1) Effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern daylight 
                time on the day that is 30 days after the date of 
                enactment of the Drones for First Responders Act 
                through the close of the day that is one year after the 
                date of enactment: 30%.
                    ``(2) Effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern daylight 
                time on the day after the day that is one year after 
                the date of enactment through the close of the day that 
                is two years after the date of enactment: 35%.
                    ``(3) Effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern daylight 
                time on the day after the day that is two years after 
                the date of enactment through the close of the day that 
                is three years after the date of enactment: 40%.
                    ``(4) Effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern daylight 
                time on the day after the day that is three years after 
                the date of enactment through the close of the day that 
                is four years after the date of enactment: 45%.
                    ``(5) Effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern daylight 
                time on the day after the day that is four years after 
                the date of enactment: $100 each + 50%.
            ``(c) Notwithstanding U.S. note 1 to this subchapter, all 
        products of China that are subject to the additional ad valorem 
        rates of duty imposed by subheading 9903.87.01, and provided 
        for in this note, shall also be subject to the additional rates 
        of duty imposed by any other headings or subheadings in 
        subchapter III of chapter 99 of the HTS and to the general 
        rates of duty imposed on products of China classified in the 
        subheadings enumerated in this note.
            ``(d) Products of China that are classified in the 
        subheadings enumerated in this note that are eligible for 
        temporary duty exemptions or reductions under subchapter II to 
        chapter 99, shall be subject to the additional ad valorem rates 
        of duty imposed by subheading 9903.87.01.
            ``(e) Products of China that are provided for in subheading 
        9903.87.01 and classified in one of the subheadings enumerated 
        in this note shall continue to be subject to antidumping, 
        countervailing, or other duties, fees, exactions, and charges 
        that apply to such products.''.
    (b) Effective Date.--Subheading 9903.87.01, the superior heading to 
subheading 9903.87.01, and U.S. note 31 to subchapter III of chapter 99 
of the HTS, as added by subsection (a), shall be effective with respect 
to goods entered for consumption, or withdrawn from warehouse for 
consumption, on or after 12:01 a.m. eastern daylight time 30 days after 
the date of enactment of this Act.

SEC. 4. STRENGTHENED RULES OF ORIGIN FOR ENTRIES OF UNMANNED AIRCRAFT 
              UNDER HEADING 8806 OF THE HTS.

    (a) In General.--Notwithstanding any provisions of the general 
notes to the HTS, beginning on January 1, 2030, unmanned aircraft 
classified under heading 8806 of the HTS may not enter the customs 
territory of the United States unless--
            (1) the entry of the unmanned aircraft is accompanied by a 
        certificate or other documentation required by U.S. Customs and 
        Border Protection establishing the unmanned aircraft does not 
        contain a flight controller, radio, data transmission device, 
        camera, gimbal, ground control system, operating software, 
        network connectivity hardware, or data storage manufactured in 
        the People's Republic of China; and
            (2) U.S. Customs and Border Protection confirms the 
        veracity of the certificate or other documentation required by 
        paragraph (1).
    (b) Exemption.--
            (1) In general.--Subsection (a) shall not apply with 
        respect to unmanned aircraft classified under heading 8806 of 
        the HTS that--
                    (A) the Federal Aviation Administration has, before 
                January 1, 2025--
                            (i) authorized for operations under the 
                        provisions of title 14 of part 135 of the Code 
                        of Federal Regulations; or
                            (ii) included in an air carrier's exemption 
                        under section 44807 of title 49, United States 
                        Code; and
                    (B) are not manufactured in whole by a covered 
                foreign entity or in a foreign adversary country.
            (2) List.--Not later than January 1, 2025, the 
        Administrator of the Federal Aviation Administration shall--
                    (A) provide the Commissioner for U.S. Customs and 
                Border Protection with a list of unmanned aircraft that 
                qualify for the exemption under this subsection; and
                    (B) certify that the list required by subparagraph 
                (A) contains only unmanned aircraft that are not 
                manufactured in whole by a covered foreign entity or in 
                a foreign adversary country.
    (c) Definitions.--In this section--
            (1) the term ``air carrier'' has the meaning given that 
        term in section 40102 of title 49, United States Code; and
            (2) the term ``customs territory of the United States'' has 
        the meaning given that term in general note 2 of the HTS.

SEC. 5. SECURE UNMANNED AIRCRAFT SYSTEMS FOR FIRST RESPONDERS FUND AND 
              GRANT PROGRAM.

    (a) Secure Unmanned Aircraft Systems for First Responders Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund, to be known as the ``Secure Unmanned 
        Aircraft Systems for First Responders Fund'' (in this section 
        referred to as the ``Fund'').
            (2) Deposit of amounts.--There shall be deposited in the 
        Fund all duties imposed and collected by the United States 
        under subheading 9903.87.01 of the HTS, and as further provided 
        for under U.S. note 31 to subchapter III of chapter 99 of the 
        HTS, as added by section 3(a).
            (3) Use of amounts.--
                    (A) In general.--The Secretary is authorized to use 
                the amounts in the Fund for a fiscal year for purposes 
                of carrying out the grant program established under 
                subsection (b) for the next fiscal year.
                    (B) Unobligated and unexpended funds.--The 
                Secretary is authorized to make amounts in the Fund 
                that are not obligated or expended in accordance with 
                subparagraph (A) available for the purposes described 
                in subparagraph (A) for the next available fiscal year.
    (b) Grant Program.--
            (1) In general.--Beginning not later than one year after 
        the date of the enactment of this Act, the Secretary shall 
        establish and carry out a program to provide grants on a fiscal 
        year basis to first responders, farmers and ranchers, and 
        providers of critical infrastructure to--
                    (A) purchase or lease secure unmanned aircraft 
                systems;
                    (B) support operational capabilities of such 
                systems by the grant recipient; and
                    (C) support the program management capability of 
                the grant recipient to use such systems.
            (2) Consultation.--In carrying out the program, the 
        Secretary shall--
                    (A) consult with the Secretary of Agriculture with 
                respect to developing criteria for reviewing 
                applications for grants submitted on behalf of farmers 
                and ranchers; and
                    (B) consult with the Secretary of Transportation 
                with respect to providing grants to providers of 
                critical infrastructure.
            (3) Priority for grants.--Of the amounts made available for 
        purposes of carrying out the program--
                    (A) 60 percent of such amounts in the Fund shall be 
                made available for grants that benefit first 
                responders;
                    (B) 20 percent of such amounts in the Fund shall be 
                made available for grants that benefit farmers and 
                ranchers; and
                    (C) 20 percent of such amounts in the Fund shall be 
                made available for grants that benefit providers of 
                critical infrastructure.
            (4) Review of applications.--
                    (A) Deadline.--
                            (i) In general.--Except as provided in 
                        clause (iii), the Secretary shall approve or 
                        deny an application for a grant under the 
                        program not later than 90 days after the date 
                        of the submission of the application.
                            (ii) Allocation timing.--Amounts under a 
                        grant shall be allocated in a manner that 
                        prioritizes the funding to recipients in States 
                        or localities that have established bans on the 
                        purchase, lease, or operation of unmanned 
                        aircraft based on their country of origin or on 
                        their manufacturer.
                            (iii) Additional time needed for review.--
                        If the Secretary determines that, because an 
                        excessive number of applications have been 
                        filed at one time, the Secretary needs 
                        additional time for the Secretary to process 
                        the applications, the Secretary may extend the 
                        deadline described in clause (i) for not more 
                        than 45 days.
                    (B) Effect of denial.--Denial of an application for 
                a grant under the program shall not preclude the 
                applicant from resubmitting the application with 
                additional documentation or submitting a new 
                application at a later date.
            (5) Report.--Not later than 1 year after the date on which 
        the program is established, and annually thereafter, the 
        Secretary shall submit to Congress a report on the 
        implementation of the program in the prior year, including a 
        description of all grants provided under the program and the 
        amounts of such grants.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Covered foreign entity.--The term ``covered foreign 
        entity'' means a foreign entity that is--
                    (A) an entity on the Federal Government's 
                Consolidated Screening List;
                    (B) an entity on the Department of Defense's 
                Chinese Military Company List as established by section 
                1260H of William M. (Mac) Thornberry National Defense 
                Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 
                note);
                    (C) an entity on the Department of Treasury's Non-
                SDN Chinese Military Industrial Complex Companies List;
                    (D) an entity on the Department of Homeland 
                Security's Uyghur Forced Labor Prevention Act Entity 
                List; or
                    (E) an entity identified as a covered foreign 
                entity, as such term is defined in section 1822(1) of 
                the American Security Drone Act of 2023 (41 U.S.C. note 
                prec. 3901), for purposes of such Act.
            (2) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given that term in the 
        Critical Infrastructures Protection Act of 2001 (42 U.S.C. 
        5195c).
            (3) First responder.--The term ``first responder'' has the 
        meaning given that term in section 3025 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (34 U.S.C. 10705).
            (4) Foreign adversary country.--The term ``foreign 
        adversary country'' means a covered nation, as such term is 
        defined in section 4872(d)(2) of title 10, United States Code.
            (5) HTS.--The term ``HTS'' means the Harmonized Tariff 
        Schedule of the United States.
            (6) Fund.--The term ``Fund'' means the Secure Unmanned 
        Aircraft Systems for First Responders Fund established by 
        section 5.
            (7) Schedule of concessions.--
                    (A) In general.--The term ``Schedule of 
                Concessions'' means Schedule XX of the WTO.
                    (B) Terms from uruguay round agreements act.--In 
                this paragraph, the terms ``Schedule XX'' and ``WTO'' 
                have the meanings given such terms in section 2 of the 
                Uruguay Round Agreements Act (19 U.S.C. 3501).
            (8) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means--
                    (A) the Secretary of Homeland Security; or
                    (B) the Secretary's designee.
            (9) Secure unmanned aircraft system.--The term ``secure 
        unmanned aircraft system'' means an unmanned aircraft system, 
        as such term is defined in section 44801 of title 49, United 
        States Code, that is not manufactured or assembled by a covered 
        foreign entity or in a foreign adversary country.
                                 <all>