S. 2387

119th CONGRESS 1st Session

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 · Sponsor: Mr. Cotton · Committee: Committee on Foreign Relations

Table of contents

• S. 2387
  • SEC. 1. Short title
  • SEC. 2. Arms export controls for covered unmanned aircraft systems and items

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Arms export controls for covered unmanned aircraft systems and items

• 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 () is amended by adding at the end the following: 22 U.S.C. 2778
      • (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—
            • shall be treated as manned aircraft systems items; and
            • 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—
            • are controlled under the International Traffic in Arms Regulations and enumerated in the Missile Technology Control Regime Annex; and
            • are designed to be reusable.
  • (2) Chapter 7
    • Chapter 7 of such Act () is amended by inserting after section 73B the following: 22 U.S.C. 2797 et seq.
      • 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—
      • 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
      • 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—
      • separately from missile technology, including for purposes of co-production and co-development agreements with allies and partners; and
      • 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 (), as added by subsection (a). 22 U.S.C. 2778
    • (B) Missile; Missile Technology Control Regime
      • The terms and have the meanings given those terms in section 74(a) of the Arms Export Control Act (). missile,Missile Technology Control Regime 22 U.S.C. 2797c(a)