LEAD Act of 2025

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

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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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