S. 2387

119 S2387 IS: Leading Exports of Aerial Drones Act of 2025
 U.S. Senate
 2025-07-23
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 2387  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.
1.
Short title
This Act may be cited as the   Leading Exports of Aerial Drones Act of 2025   or the   LEAD Act of 2025  .
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:
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) ).