No official summary available for this bill.
[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>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Trade.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line