HR1809-118

1. Short title This Act may be cited as the Block the Use of Transatlantic Technology in Iranian Made Drones Act.

2. Findings Congress finds the following: On February 24, 2022, the Russian Federation initiated a full-scale invasion of Ukraine. The Russian Federation’s war of aggression against Ukraine first began in 2014. In response to the Russian Federation’s brutal war of aggression against Ukraine, the United States, and allies and partners of the United States, have enacted punitive sanctions against the Russian Federation, further limiting the access of the Russian Federation to critical technologies that could support such war of aggression. Since February 2022, the Russian Federation has bombarded Ukrainian infrastructure and locations actively used by civilians, using both cruise missiles and self-detonating unmanned aircrafts packed with explosives during these waves of attacks. Following these attacks, weapons used by the Russian Federation have been thoroughly analyzed and it has been discovered that the Russian Federation is increasingly using unmanned aircraft systems produced and sold by Iran. In November 2022, it was reported that the Russian Federation and Iran made a deal wherein Iran would produce hundreds of unmanned aircrafts for the Russian Federation. Unmanned aircraft systems produced by Iran and used in Ukraine by the Russian Federation, including unmanned aircraft downed in Ukraine, were found to have been made with components designed and built by United States and European companies and later transferred to Iranian entities despite sanctions as a result of the dual use properties of such components. The Biden Administration has established an interagency task force to investigate how United States and Western-made technology has been incorporated into unmanned aircraft systems produced by Iran and take appropriate steps in response. On January 6th, 2023, the Biden Administration enacted new sanctions targeting the unmanned aircraft industry and missile industry of Iran, designating seven individuals in leadership positions with Qods Aviation Industries and the Aerospace Industries Organization of Iran.

3. Sense of Congress It is the sense of Congress that— controlling the end use of dual use technology and highly ubiquitous parts thereof in the global market is difficult for manufacturers and government regulators alike; the United States, along with the allies and partners of the United States, must continue to support Ukraine in the Ukrainian fight for freedom, independence, and democracy; and the United States, along with the allies and partners of the United States, must ensure that technology designed or produced by United States entities is not used to support the Russian Federation’s war of aggression against Ukraine, particularly in the case of unmanned aircraft systems produced by Iran.

4. Strategies to prevent export to Iran of certain technologies related to unmanned aircraft systems The Secretary of Commerce (in consultation with the Secretary of State, the Secretary of Defense, and the heads of the elements of the intelligence community) shall develop a strategy to supplement the existing sanctions regime of the United States against Iran by preventing the export to Iran by United States persons regarding technologies used or that may be used in the design, development, production, or operational employment of unmanned aircraft systems by Iran, including the following microelectronics: Microcontrollers. Voltage regulators. Digital signal controllers. GPS modules. Microprocessors. Circuit board components. The strategy under paragraph (1) shall include, at a minimum, the following elements: A process for the Secretary of Commerce (in coordination with the Secretaries and heads specified in paragraph (1)) to proactively identify— current and emerging technologies used or that may be used by Iran in the design, development, production, or operational employment of unmanned aircraft systems (including critical components thereof); and United States manufacturers of such technologies. A process for the Secretary of Commerce (in coordination with the Secretaries and heads specified in paragraph (1)) to proactively identify third-party distributors and resellers of the technologies specified in subparagraph (A)(i) that, through the use of intermediaries with no or nominal operations or assets, or through other mechanisms, contrive to circumvent sanctions and export controls for such items with respect to Iran. A methodology for the Secretary of Commerce to proactively engage the United States manufacturers identified pursuant to the process under subparagraph (A)(ii), to provide such manufacturers with timely updates to the list of third-party distributors and resellers identified pursuant to the process under subparagraph (B). Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the appropriate congressional committees the strategy under paragraph (1). The report required by subsection (a)(1) shall be submitted in unclassified form, but portions of the report described in paragraphs (1) and (2) may contain a classified annex, so long as such annex is provided separately from the unclassified report. The Secretary of State (in coordination with the Secretary of Commerce, the Secretary of Defense, and the heads of the elements of the intelligence community) shall develop a strategy to engage with European and Asian allies and partners of the United States regarding technologies which are used, or may be used, by Iran in the design, development, production, or operational employment of unmanned aircraft systems (including the microelectronics listed in subparagraphs (A) through (F) of subsection (a)(1)), to prevent the export of such technologies to Iran by such allies and partners. The strategy under paragraph (1) shall include, at a minimum, the following elements: A process for the Secretary of State (in consultation with the relevant Secretaries and heads specified in paragraph (1)) to proactively identify foreign manufacturers of the technologies referred to in such paragraph. A process for the Secretary of State to engage with any ally or partner of the United States regarding technologies which have been incorporated into an unmanned aircraft system produced by Iran, for the purpose of synchronizing the export control regime of such ally or partner with the United States export controls developed by the Secretary of Commerce pursuant to the strategy under subsection (a) with respect to such technology. Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees the strategy under paragraph (1). The report required by subsection (b)(1) shall be submitted in unclassified form, but portions of the report described in paragraphs (1) and (2) may contain a classified annex, so long as such annex is provided separately from the unclassified report. Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in coordination with the Secretary of State and the heads of the elements of the intelligence community) shall develop a range of options that may be employed by the Armed Forces of the United States to counter or otherwise deny Iran the ability to acquire technologies used, or that may be used, in the design, development, production, or operational employment of unmanned aircraft systems by Iran, including the following technologies: Microcontrollers. Voltage regulators. Digital signal controllers. GPS modules. Microprocessors. Circuit board components. Computer Aided Design (CAD) software. Computer numerical control machines. Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the options developed under paragraph (1).

5. Definitions In this Act: The term appropriate congressional committees means the following: The Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. The Committee on Foreign Relations, the Committee on Armed Services, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1957 (50 U.S.C. 3003). The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 130i of title 10, United States Code.