What the NDAA, H.R. 4213 & S.2168 Really Mean for Spray Drones
DJI isn’t the story—it’s the warning sign.
Washington has its sights on the drone supply chain, and spray drones are right in the crosshairs. One law is already on the books. Two more proposals are moving through Congress. Together, they could reshape how we import, buy, and support spray drones in the U.S. – starting as soon this October.
For farmers running spray programs, and for dealers putting equipment in the field, this isn’t abstract policy. It’s about whether a shipment clears customs, whether your next part order gets filled, and how much you’ll pay when it does. It’s also about which alternatives will still be available if/when imports get squeezed.
In this post, we’ll break down:
- What’s confirmed law right now.
- What’s still in the “maybe” column.
- Why spray drones drew special attention.
- What it all means for applicators and dealers.
- How to protect your fleet and position for the next 12–36 months.
(If you prefer video, you can watch our breakdown here for a faster overview.)
What’s Law Right Now: NDAA §1709
The FY2025 National Defense Authorization Act (NDAA) was signed on December 23, 2024. Tucked inside is Section 1709, which directs federal agencies to review whether certain companies—including DJI and Autel—pose a national security risk.
Here’s the kicker:
- Agencies have one year (until December 23, 2025) to decide.
- If no determination is made by then, the law says the FCC “shall add” DJI, Autel, and their affiliates to the Covered List by default.
- Once something is on that list, it cannot receive new FCC equipment authorizations.
Why does that matter? Because every drone with a radio inside needs an FCC authorization to be legally imported and sold in the U.S. If the Covered List kicks in, it doesn’t ground the gear you already own. But it does block new approvals—which means new imports and new models get cut off at the knees.
Dealer reality check: Imagine a customer orders a new model next season. If that unit’s radio hasn’t already been authorized by the FCC, it won’t get cleared. You can still sell what’s in stock, but replacements and future models could become scarce.
Applicator reality check: Your existing fleet keeps flying. But spares—radios, GNSS modules, cameras—get harder to source when the Covered List cuts off the pipeline for new authorizations.
The House DHS Rider: H.R. 4213 §214
The NDAA sets the table. The next course may land even sooner… and it’s Spray Drone specific.
The House of Representatives’ FY2026 Homeland Security Appropriations Bill (H.R. 4213) includes a rider—Section 214—that targets aerosol-dispensing UAS from foreign adversary countries (China, Russia, Iran, North Korea).
The language is simple: if enacted, U.S. Customs and Border Protection (CBP) cannot use FY2026 funds to admit those drones into the U.S.
- Effective date: October 1, 2025 (start of FY26).
- Scope: Spray drones only (because of the “aerosol-dispensing” definition).
- Status: House text only; the Senate writes its own bill. It could survive intact, get stripped, or be modified.
Why spray drones?
Lawmakers flagged the “dual-use” concern—that large payload aircraft could be misused to disperse harmful substances. Reuters captured a line from one congressional letter: “The risk of these DJI agricultural spray drones being manipulated to carry out an attack… cannot be ignored.”
We know the reality on the ground: spray aircraft are already highly regulated by the FAA and states. But fear drives legislation, and this rider translates that fear into a Customs funding prohibition.
The Senate’s Big Play: The Drones for America Act (S.2168)
Senator Rick Scott introduced the Drones for America Act (S.2168). It’s broader than the House rider. Instead of targeting just spray drones, it goes after all China-origin drones and key components.
Here’s how it works:
1. Tariff Ladder
- Year 1: 30%
- Year 2: 35%
- Year 3: 40%
- Year 4: 45%
- Year 5: $100 per unit + 50%
These are layered on top of any existing duties. The price spike comes before any bans even kick in.
2. Rules of Origin
To clear customs, importers would have to prove no China-made:
- Flight controller
- Radio/data link
- Camera or gimbal
- Ground control system
- Operating software
- Network hardware
- Data storage
- Permanent magnets (including NdFeB)
And CBP would be required to verify. That means documentation audits, supplier attestations, and higher compliance costs.
3. Ban Dates
4. Grant Fund
Tariff receipts would flow into a Secure UAS Trust Fund with capped allocations:
- ≤60% to first responders
- ≤20% to farmers/ranchers
- ≤20% to critical infrastructure
- ≤10% to U.S. component makers
The stated goal: use tariffs to fund the growth of U.S. and allied alternatives.
Dealer reality check: Even if the bans feel far away, the tariffs will hit immediately if this bill passes. Margins shrink or customers balk at higher sticker prices. Compliance paperwork adds overhead.
Applicator reality check: If passed, by 2028, China-origin spray drones won’t clear. By 2031, their parts won’t either. The transition pressure starts long before those dates, because the tariff steps and paperwork burdens bite first.
What’s Law vs. What’s Proposed
- Law (confirmed): NDAA §1709 → one-year clock → default Covered List outcome by Dec 23, 2025 unless an agency decides otherwise.
- Proposed (House): H.R. 4213 §214 → CBP funding prohibition on spray drones from adversary countries → effective Oct 1, 2025 if enacted.
- Proposed (Senate): S.2168 → tariff ladder → origin rules → 2028/2031 bans → Secure UAS Trust Fund.
Why Spray Drones Drew Special Attention (and Why They’re Already Gated)
Congress put a bullseye on spray aircraft because of their payload capacity and the perception of “dual-use” risk. But here’s what lawmakers often skip: spray drones already sit behind multiple gates.
- Part 107: Every commercial operator must be a licensed Remote Pilot.
- Part 137: Aerial spraying requires an agricultural aircraft operator certificate.
- 44807 Exemptions: Heavier spray drones (>55 lbs) need exemptions before they can operate.
- State Pesticide Law: Labels are the law; many states require aerial applicator licensing for UAS spraying.
- Part 108 (proposed): FAA’s BVLOS framework is coming, which will add further permitting and oversight.
Translation: these aircraft aren’t being handed out at big-box stores. Dealers who do their job—verifying pilot certification, assisting with 137/44807 paperwork, confirming state pesticide credentials—already make sure spray drones don’t land in unqualified hands.
What This Means for Dealers and Applicators
Near-Term (Now → December 2025)
- NDAA clock is running.
- No immediate groundings.
- Watch for FCC authorization slowdowns on new models and replacement radios.
Q4 2025 (If H.R. 4213 Passes)
- Spray-specific imports from adversary countries blocked at customs.
- U.S.-built or ally-built units become the only viable new option.
- Expect shortages as demand spikes.
2026–2029 (If S.2168 Passes)
- Tariffs drive up costs each year.
- Documentation burdens force BOM audits.
- Dealers may need to prove origin down to the magnet level.
2028–2031
- Jan 2028: China-origin UAS banned.
- Jan 2031: China-origin parts banned.
- Trust Fund grants available for first responders, ag, and infrastructure.
Action Plan: How to Stay Ahead
1. Audit your fleet.
Make a list of radios, cameras, GNSS modules, controllers, magnets. Flag China origin exposure.
2. Separate “keep flying” from “buy new.”
Plan spares for the next two seasons. Treat new purchases differently—authorization and import risk hit new equipment first.
3. Hedge against FY2026 risk.
If you need another China-made spray drone, secure it before Oct 1, 2025—or line up a U.S./ally alternative.
4. Model your TCO under tariffs.
Run scenarios: 30%, 35%, 40%, 45%, and “$100 + 50%.” Decide whether to buy ahead or pivot sooner.
5. Get grant-ready.
If S.2168 passes, DHS grants will open. Draft a one-pager describing your mission (farm size, crops, coverage, training plan) and why a U.S.-built platform improves resilience.
6. Keep your paperwork tight.
FAA Part 107 current? Part 137 certificate valid? 44807 exemptions in hand? State pesticide credentials up to date? If not, fix it now—FAA validation is ramping up.
FAQs from the Field
Does the NDAA ban DJI tomorrow?
No. It sets a one-year review clock. If no decision, DJI/Autel equipment goes on the Covered List by Dec 23, 2025. That blocks new authorizations, not existing use.
Why only spray drones in the House rider?
Because of the “aerosol-dispensing” concern. Congress targeted them as dual-use.
If S.2168 doesn’t pass, are we fine?
Not really. Even if one bill stalls, the policy trajectory is clear: tariffs, bans, origin rules.
Aren’t spray drones already regulated?
Yes. FAA Parts 107 and 137, 44807 exemptions, pesticide law, and soon Part 108. The idea they’re sold “to anyone” doesn’t reflect reality.
The Bottom Line
Washington is sending a clear message: reliance on China for spray drones and core components is a national security risk. The NDAA is already law. H.R. 4213 and S.2168 may soon follow.
For applicators and dealers, the takeaway is simple: prepare now.
- Audit your supply chain.
- Secure spares.
- Explore U.S./ally alternatives.
Because when the market shifts (and it will) those who prepared will still be flying.
Ready to Talk Through Your Options?
The policies we just covered aren’t about if – they’re about when. Whether it’s the NDAA’s Covered List default in late 2025, a spray-drone import rider kicking in October 2025, or the tariff ladder in S.2168, the supply chain is tightening.
You don’t have to navigate it alone. Our Customer Success team spends every day tracking these developments and matching applicators and dealers with the solutions that will stand the test of both regulation and field use.
- Need clarity on which models are most at risk? We’ll walk you through the timelines.
- Unsure how to source spares or swap out China-origin parts? We’ll map options that keep your program flying.
- Want to explore U.S.-built alternatives before demand surges? We’ll help you evaluate the right fit for your acres, crops, or customer base.
The bottom line: you’ve got decisions to make, and timing matters. Our job is to help you make them with confidence—before the market makes them for you.
Contact our Customer Success team today to talk through your spray program and get guidance tailored to your operation.