S.Amdt. 3196

SA 3196. Mr. COTTON (for himself, Mr. Coons, Mr. Cornyn, and Mr.
Budd) submitted an amendment intended to be proposed by him to the bill
S. 2296, to authorize appropriations for fiscal year 2026 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1067. ARMS EXPORT CONTROLS FOR COVERED UNMANNED AIRCRAFT
SYSTEMS AND ITEMS.

(a) Arms Export Control Act.--

[[Page S5015]]

(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)).
______