119-s2387

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2387 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2387

 To amend the Arms Export Control Act to address arms export controls 
 for certain unmanned aircraft systems and items, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 23, 2025

 Mr. Cotton (for himself, Mr. Coons, and Mr. Cornyn) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Foreign Relations

_______________________________________________________________________

 A BILL

 To amend the Arms Export Control Act to address arms export controls 
 for certain unmanned aircraft systems and items, 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 ``Leading Exports of Aerial Drones Act 
of 2025'' or the ``LEAD Act of 2025''.

SEC. 2. ARMS EXPORT CONTROLS FOR COVERED UNMANNED AIRCRAFT SYSTEMS AND 
 ITEMS.

    (a) Arms Export Control Act.--

    (1) Section 38.--

Section 38 of the Arms Export Control Act 
 (22 U.S.C. 2778) is amended by adding at the end the following:
 ``
            (m) Covered Unmanned Aircraft Systems and Items.--
 ``

    (1) In general.--For purposes of transfers of defense 
 articles and defense services under this Act, covered unmanned 
 aircraft systems and items--
 ``
        (A) shall be treated as manned aircraft systems 
 items; and
 ``
        (B) shall not be considered launch vehicles, 
 missile technology, or missile equipment subject to 
 controls or export restrictions for purposes of 
 adherence by the United States to the Missile 
 Technology Control Regime.
 ``

    (2) Definition of covered unmanned aircraft systems and 
 items.--In this subsection, the term `covered unmanned aircraft 
 systems and items' means unmanned aircraft systems and related 
 items that--
 ``
        (A) are controlled under the International 
 Traffic in Arms Regulations and enumerated in the 
 Missile Technology Control Regime Annex; and
 ``
        (B) are designed to be reusable.''.

    (2) Chapter 7.--Chapter 7 of such Act (22 U.S.C. 2797 et 
 seq.) is amended by inserting after 

section 73B the following:

``

SEC. 73C. STATEMENT OF POLICY ON COVERED UNMANNED AIRCRAFT SYSTEMS 
 AND ITEMS.

 ``It is the policy of the United States to treat covered unmanned 
aircraft systems and items (as defined in 

section 38
            (m) (2)
        (B) ) as 
manned aircraft systems and items for purposes of implementing the 
Missile Technology Control Regime.''.

    (b) International Traffic in Arms Regulations.--

    (1) United states munitions list.--Not later than 180 days 
 after the date of the enactment of this Act, the President 
 shall amend 

section 121.1 of title 22, Code of Federal 
 Regulations, to provide that covered unmanned aircraft systems 
 and items--
        (A) are subject to the same export control 
 provisions as manned aircraft systems and items and 
 that, for purposes of part 121 of such title, shall be 
 reviewed under the same criteria and guidelines as 
 manned aircraft systems and items; and
        (B) are distinct from launch vehicles, missile 
 technology, and missile equipment and are subject to 
 separate export control provisions and that, for 
 purposes of part 121 of such title, shall be reviewed 
 under criteria specific to their technological and 
 operational characteristics.

    (2) Missile technology control regime.--Not later than 180 
 days after the date of the enactment of this Act, the President 
 shall amend 

section 120.23 of title 22, Code of Federal 
 Regulations, to provide that, for purposes of implementing the 
 Missile Technology Control Regime, the United States shall 
 treat covered unmanned aircraft systems and items--
        (A) separately from missile technology, including 
 for purposes of co-production and co-development 
 agreements with allies and partners; and
        (B) as manned aircraft systems and items that shall 
 not be subject to controls, missile technology reviews, 
 or export restrictions for purposes of adherence by the 
 United States to the Missile Technology Control Regime.

    (3) === Definitions. ===
-In this section:
        (A) Covered unmanned aircraft systems and items.--
 The term ``covered unmanned aircraft systems and 
 items'' has the meaning given that term in subsection
            (m) (2) of 

section 38 of the Arms Export Control Act (22 
 U.S.C. 2778), as added by subsection

    (a) .
        (B) Missile; missile technology control regime.--
 The terms ``missile'' and ``Missile Technology Control 
 Regime'' have the meanings given those terms in 

section 74

    (a) of the Arms Export Control Act (22 U.S.C. 
 2797c

    (a) ).
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