H.R. 3786 — Drones for First Responders Act

This section sets forth eight congressional findings regarding national security risks from Chinese-manufactured unmanned aircraft, including their market dominance (over 90% of first responder use), Chinese subsidies undercutting U.S. and allied markets, and the need for secure domestic or allied supply chains. The section also expresses the sense of Congress that phasing in a protective specific duty on such aircraft is prudent to safeguard the industry and enhance competitiveness outside China.

This section establishes additional duties in new HTS subheading 9903.87.01 on unmanned aircraft (i.e., drones) that are products of China and classified in HTS subheadings 8806.10.00 through 8806.99.00, effective 30 days after enactment. The additional duties, imposed in addition to all other applicable duties (including existing HTS subchapter III duties on China products, antidumping duties, and countervailing duties), are tiered as follows: (1) 30% ad valorem from 30 days after enactment through one year after enactment; (2) 35% ad valorem for the second year; (3) 40% ad valorem for the third year; (4) 45% ad valorem for the fourth year; and (5) $100 per unit plus 50% ad valorem thereafter. (Thus, the duties raise the cost of importing Chinese drones, which are used in commercial, recreational, and public safety applications.)

This section prohibits entry of unmanned aircraft classified under heading 8806 of the Harmonized Tariff Schedule of the United States (HTS) into the U.S. customs territory beginning January 1, 2031, unless accompanied by a certificate or documentation required by U.S. Customs and Border Protection (CBP) verifying that the aircraft contains no flight controller, radio, data transmission device, camera, gimbal, ground control system, operating software, network connectivity hardware, or data storage manufactured in China, with CBP required to confirm the documentation's veracity. The prohibition does not apply to unmanned aircraft that the Federal Aviation Administration (FAA) authorized before January 1, 2026, for operations under 14 C.F.R. part 135 or included in an air carrier's exemption under 49 U.S.C. 44807, provided they are not manufactured wholly by a covered foreign entity or in a foreign adversary country. Not later than January 1, 2026, the FAA Administrator must provide CBP with a list of such exempt aircraft and certify that none are wholly manufactured by a covered foreign entity or in a foreign adversary country. The section defines "air carrier" as in 49 U.S.C. 40102(a)(2) (i.e., a U.S. citizen providing air transportation) and "customs territory of the United States" as in general note 2 of the HTS.

This section establishes in the Treasury the Secure Unmanned Aircraft Systems for First Responders Fund, to be funded by duties collected under HTS subheading 9903.87.01 and U.S. note 31 to subchapter III of chapter 99 (as added by section 3(a)), and authorizes the Secretary to use Fund amounts for grants in the next fiscal year (with unobligated balances available the following year). Beginning not later than one year after enactment, the Secretary must establish a grant program for first responders, farmers and ranchers, and critical infrastructure providers to purchase or lease secure unmanned aircraft systems (UAS), support their operational capabilities, and build program management capacity. In administering grants on a fiscal-year basis—after consulting the Secretary of Agriculture on criteria for farmers and ranchers and the Secretary of Transportation on critical infrastructure—the Secretary must allocate 60% of amounts to first responders, 20% to farmers and ranchers, and 20% to critical infrastructure providers; approve or deny applications within 90 days (extendable by 45 days if needed), prioritizing funding for recipients in states or localities that ban UAS based on country of origin or manufacturer; and allow resubmission after denial. Not later than one year after program establishment, and annually thereafter, the Secretary must report to Congress on program implementation, including all grants awarded and amounts.

This section defines nine terms for purposes of the Act: (1) "covered foreign entity" as a foreign entity on specified U.S. government lists (i.e., the Federal Government's Consolidated Screening List; Department of Defense's Chinese Military Company List; Department of the Treasury's Non-SDN Chinese Military-Industrial Complex Companies List; Department of Homeland Security's Uyghur Forced Labor Prevention Act Entity List; or entities identified under the American Security Drone Act of 2023); (2) "critical infrastructure" as given in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c); (3) "first responder" as given in the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10705); (4) "foreign adversary country" as a covered nation under 10 U.S.C. 4872(d)(2); (5) "HTS" as the Harmonized Tariff Schedule of the United States; (6) "Fund" as the Secure Unmanned Aircraft Systems for First Responders Fund established by section 5 of the Act; (7) "Schedule of Concessions" as Schedule XX of the WTO (as defined in the Uruguay Round Agreements Act); (8) "Secretary" as the Secretary of Homeland Security or designee (unless otherwise provided); and (9) "secure unmanned aircraft system" as an unmanned aircraft system (per 49 U.S.C. 44801) not manufactured or assembled by a covered foreign entity or in a foreign adversary country.