[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1883 Enrolled Bill (ENR)]
H.R.1883
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To provide for the application of measures to foreign persons who
transfer to Iran certain goods, services, or technology, 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 ``Iran Nonproliferation Act of 2000''.
SEC. 2. REPORTS ON PROLIFERATION TO IRAN.
(a) Reports.--The President shall, at the times specified in
subsection (b), submit to the Committee on International Relations of
the House of Representatives and the Committee on Foreign Relations of
the Senate a report identifying every foreign person with respect to
whom there is credible information indicating that that person, on or
after January 1, 1999, transferred to Iran--
(1) goods, services, or technology listed on--
(A) the Nuclear Suppliers Group Guidelines for the Export
of Nuclear Material, Equipment and Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/Rev.3/Part 1, and subsequent revisions) and
Guidelines for Transfers of Nuclear-Related Dual-Use Equipment,
Material, and Related Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/Rev.3/Part 2, and subsequent revisions);
(B) the Missile Technology Control Regime Equipment and
Technology Annex of June 11, 1996, and subsequent revisions;
(C) the lists of items and substances relating to
biological and chemical weapons the export of which is
controlled by the Australia Group;
(D) the Schedule One or Schedule Two list of toxic
chemicals and precursors the export of which is controlled
pursuant to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction; or
(E) the Wassenaar Arrangement list of Dual Use Goods and
Technologies and Munitions list of July 12, 1996, and
subsequent revisions; or
(2) goods, services, or technology not listed on any list
identified in paragraph (1) but which nevertheless would be, if
they were United States goods, services, or technology, prohibited
for export to Iran because of their potential to make a material
contribution to the development of nuclear, biological, or chemical
weapons, or of ballistic or cruise missile systems.
(b) Timing of Reports.--The reports under subsection (a) shall be
submitted not later than 90 days after the date of the enactment of
this Act, not later than 6 months after such date of enactment, and not
later than the end of each 6-month period thereafter.
(c) Exceptions.--Any foreign person who--
(1) was identified in a previous report submitted under
subsection (a) on account of a particular transfer; or
(2) has engaged in a transfer on behalf of, or in concert with,
the Government of the United States,
is not required to be identified on account of that same transfer in
any report submitted thereafter under this section, except to the
degree that new information has emerged indicating that the particular
transfer may have continued, or been larger, more significant, or
different in nature than previously reported under this section.
(d) Submission in Classified Form.--When the President considers it
appropriate, reports submitted under subsection (a), or appropriate
parts thereof, may be submitted in classified form.
SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
(a) Application of Measures.--Subject to sections 4 and 5, the
President is authorized to apply with respect to each foreign person
identified in a report submitted pursuant to section 2(a), for such
period of time as he may determine, any or all of the measures
described in subsection (b).
(b) Description of Measures.--The measures referred to in
subsection (a) are the following:
(1) Executive order no. 12938 prohibitions.--The measures set
forth in subsections (b) and (c) of section 4 of Executive Order
No. 12938.
(2) Arms export prohibition.--Prohibition on United States
Government sales to that foreign person of any item on the United
States Munitions List as in effect on August 8, 1995, and
termination of sales to that person of any defense articles,
defense services, or design and construction services under the
Arms Export Control Act.
(3) Dual use export prohibition.--Denial of licenses and
suspension of existing licenses for the transfer to that person of
items the export of which is controlled under the Export
Administration Act of 1979 or the Export Administration
Regulations.
(c) Effective Date of Measures.--Measures applied pursuant to
subsection (a) shall be effective with respect to a foreign person no
later than--
(1) 90 days after the report identifying the foreign person is
submitted, if the report is submitted on or before the date
required by section 2(b);
(2) 90 days after the date required by section 2(b) for
submitting the report, if the report identifying the foreign person
is submitted within 60 days after that date; or
(3) on the date that the report identifying the foreign person
is submitted, if that report is submitted more than 60 days after
the date required by section 2(b).
(d) Publication in Federal Register.--The application of measures
to a foreign person pursuant to subsection (a) shall be announced by
notice published in the Federal Register.
SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.
(a) Requirement To Notify Congress.--Should the President not
exercise the authority of section 3(a) to apply any or all of the
measures described in section 3(b) with respect to a foreign person
identified in a report submitted pursuant to section 2(a), he shall so
notify the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate no
later than the effective date under section 3(c) for measures with
respect to that person.
(b) Written Justification.--Any notification submitted by the
President under subsection (a) shall include a written justification
describing in detail the facts and circumstances relating specifically
to the foreign person identified in a report submitted pursuant to
section 2(a) that support the President's decision not to exercise the
authority of section 3(a) with respect to that person.
(c) Submission in Classified Form.--When the President considers it
appropriate, the notification of the President under subsection (a),
and the written justification under subsection (b), or appropriate
parts thereof, may be submitted in classified form.
SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.
(a) In General.--Sections 3 and 4 shall not apply to a foreign
person 15 days after the President reports to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate that the President has
determined, on the basis of information provided by that person, or
otherwise obtained by the President, that--
(1) the person did not, on or after January 1, 1999, knowingly
transfer to Iran the goods, services, or technology the apparent
transfer of which caused that person to be identified in a report
submitted pursuant to section 2(a);
(2) the goods, services, or technology the transfer of which
caused that person to be identified in a report submitted pursuant
to section 2(a) did not materially contribute to Iran's efforts to
develop nuclear, biological, or chemical weapons, or ballistic or
cruise missile systems;
(3) the person is subject to the primary jurisdiction of a
government that is an adherent to one or more relevant
nonproliferation regimes, the person was identified in a report
submitted pursuant to section 2(a) with respect to a transfer of
goods, services, or technology described in section 2(a)(1), and
such transfer was made consistent with the guidelines and
parameters of all such relevant regimes of which such government is
an adherent; or
(4) the government with primary jurisdiction over the person
has imposed meaningful penalties on that person on account of the
transfer of the goods, services, or technology which caused that
person to be identified in a report submitted pursuant to section
2(a).
(b) Opportunity To Provide Information.--Congress urges the
President--
(1) in every appropriate case, to contact in a timely fashion
each foreign person identified in each report submitted pursuant to
section 2(a), or the government with primary jurisdiction over such
person, in order to afford such person, or governments, the
opportunity to provide explanatory, exculpatory, or other
additional information with respect to the transfer that caused
such person to be identified in a report submitted pursuant to
section 2(a); and
(2) to exercise the authority in subsection (a) in all cases
where information obtained from a foreign person identified in a
report submitted pursuant to section 2(a), or from the government
with primary jurisdiction over such person, establishes that the
exercise of such authority is warranted.
(c) Submission in Classified Form.--When the President considers it
appropriate, the determination and report of the President under
subsection (a), or appropriate parts thereof, may be submitted in
classified form.
SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE
INTERNATIONAL SPACE STATION.
(a) Restriction on Extraordinary Payments in Connection With the
International Space Station.--Notwithstanding any other provision of
law, no agency of the United States Government may make extraordinary
payments in connection with the International Space Station to the
Russian Aviation and Space Agency, any organization or entity under the
jurisdiction or control of the Russian Aviation and Space Agency, or
any other organization, entity, or element of the Government of the
Russian Federation, unless, during the fiscal year in which the
extraordinary payments in connection with the International Space
Station are to be made, the President has made the determination
described in subsection (b), and reported such determination to the
Committee on International Relations and the Committee on Science of
the House of Representatives and the Committee on Foreign Relations and
the Committee on Commerce, Science, and Transportation of the Senate.
(b) Determination Regarding Russian Cooperation in Preventing
Proliferation to Iran.--The determination referred to in subsection (a)
is a determination by the President that--
(1) it is the policy of the Government of the Russian
Federation to oppose the proliferation to Iran of weapons of mass
destruction and missile systems capable of delivering such weapons;
(2) the Government of the Russian Federation (including the law
enforcement, export promotion, export control, and intelligence
agencies of such government) has demonstrated and continues to
demonstrate a sustained commitment to seek out and prevent the
transfer to Iran of goods, services, and technology that could make
a material contribution to the development of nuclear, biological,
or chemical weapons, or of ballistic or cruise missile systems; and
(3) neither the Russian Aviation and Space Agency, nor any
organization or entity under the jurisdiction or control of the
Russian Aviation and Space Agency, has, during the 1-year period
prior to the date of the determination pursuant to this subsection,
made transfers to Iran reportable under section 2(a) of this Act
(other than transfers with respect to which a determination
pursuant to section 5 has been or will be made).
(c) Prior Notification.--Not less than 5 days before making a
determination under subsection (b), the President shall notify the
Committee on International Relations and the Committee on Science of
the House of Representatives and the Committee on Foreign Relations and
the Committee on Commerce, Science, and Transportation of the Senate of
his intention to make such determination.
(d) Written Justification.--A determination of the President under
subsection (b) shall include a written justification describing in
detail the facts and circumstances supporting the President's
conclusion.
(e) Submission in Classified Form.--When the President considers it
appropriate, a determination of the President under subsection (b), a
prior notification under subsection (c), and a written justification
under subsection (d), or appropriate parts thereof, may be submitted in
classified form.
(f) Exception for Crew Safety.--
(1) Exception.--The National Aeronautics and Space
Administration may make extraordinary payments that would otherwise
be prohibited under this section to the Russian Aviation and Space
Agency or any organization or entity under the jurisdiction or
control of the Russian Aviation and Space Agency if the President
has notified the Congress in writing that such payments are
necessary to prevent the imminent loss of life by or grievous
injury to individuals aboard the International Space Station.
(2) Report.--Not later than 30 days after notifying Congress
that the National Aeronautics and Space Administration will make
extraordinary payments under paragraph (1), the President shall
submit to Congress a report describing--
(A) the extent to which the provisions of subsection (b)
had been met as of the date of notification; and
(B) the measures that the National Aeronautics and Space
Administration is taking to ensure that--
(i) the conditions posing a threat of imminent loss of
life by or grievous injury to individuals aboard the
International Space Station necessitating the extraordinary
payments are not repeated; and
(ii) it is no longer necessary to make extraordinary
payments in order to prevent imminent loss of life by or
grievous injury to individuals aboard the International
Space Station.
(g) Service Module Exception.--(1) The National Aeronautics and
Space Administration may make extraordinary payments that would
otherwise be prohibited under this section to the Russian Aviation and
Space Agency, any organization or entity under the jurisdiction or
control of the Russian Aviation and Space Agency, or any subcontractor
thereof for the construction, testing, preparation, delivery, launch,
or maintenance of the Service Module, and for the purchase (at a total
cost not to exceed $14,000,000) of the pressure dome for the Interim
Control Module and the Androgynous Peripheral Docking Adapter and
related hardware for the United States propulsion module, if--
(A) the President has notified Congress at least 5 days before
making such payments;
(B) no report has been made under section 2 with respect to an
activity of the entity to receive such payment, and the President
has no credible information of any activity that would require such
a report; and
(C) the United States will receive goods or services of value
to the United States commensurate with the value of the
extraordinary payments made.
(2) For purposes of this subsection, the term ``maintenance'' means
activities which cannot be performed by the National Aeronautics and
Space Administration and which must be performed in order for the
Service Module to provide environmental control, life support, and
orbital maintenance functions which cannot be performed by an
alternative means at the time of payment.
(3) This subsection shall cease to be effective 60 days after a
United States propulsion module is in place at the International Space
Station.
(h) Exception.--Notwithstanding subsections (a) and (b), no agency
of the United States Government may make extraordinary payments in
connection with the International Space Station to any foreign person
subject to measures applied pursuant to--
(1) section 3 of this Act; or
(2) section 4 of Executive Order No. 12938 (November 14, 1994),
as amended by Executive Order No. 13094 (July 28, 1998).
Such payments shall also not be made to any other entity if the agency
of the United States Government anticipates that such payments will be
passed on to such a foreign person.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following terms have the following
meanings:
(1) Extraordinary payments in connection with the international
space station.--The term ``extraordinary payments in connection
with the International Space Station'' means payments in cash or in
kind made or to be made by the United States Government--
(A) for work on the International Space Station which the
Russian Government pledged at any time to provide at its
expense; or
(B) for work on the International Space Station, or for the
purchase of goods or services relating to human space flight,
that are not required to be made under the terms of a contract
or other agreement that was in effect on January 1, 1999, as
those terms were in effect on such date.
(2) Foreign person; person.--The terms ``foreign person'' and
``person'' mean--
(A) a natural person that is an alien;
(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group, that is organized under the laws of a
foreign country or has its principal place of business in a
foreign country;
(C) any foreign governmental entity operating as a business
enterprise; and
(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (B) or (C).
(3) Executive order no. 12938.--The term ``Executive Order No.
12938'' means Executive Order No. 12938 as in effect on January 1,
1999.
(4) Adherent to relevant nonproliferation regime.--A government
is an ``adherent'' to a ``relevant nonproliferation regime'' if
that government--
(A) is a member of the Nuclear Suppliers Group with respect
to a transfer of goods, services, or technology described in
section 2(a)(1)(A);
(B) is a member of the Missile Technology Control Regime
with respect to a transfer of goods, services, or technology
described in section 2(a)(1)(B), or is a party to a binding
international agreement with the United States that was in
effect on January 1, 1999, to control the transfer of such
goods, services, or technology in accordance with the criteria
and standards set forth in the Missile Technology Control
Regime;
(C) is a member of the Australia Group with respect to a
transfer of goods, services, or technology described in section
2(a)(1)(C);
(D) is a party to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction with respect to a transfer of
goods, services, or technology described in section 2(a)(1)(D);
or
(E) is a member of the Wassenaar Arrangement with respect
to a transfer of goods, services, or technology described in
section 2(a)(1)(E).
(5) Organization or entity under the jurisdiction or control of
the russian aviation and space agency.--(A) The term ``organization
or entity under the jurisdiction or control of the Russian Aviation
and Space Agency'' means an organization or entity that--
(i) was made part of the Russian Space Agency upon its
establishment on February 25, 1992;
(ii) was transferred to the Russian Space Agency by decree
of the Russian Government on July 25, 1994, or May 12, 1998;
(iii) was or is transferred to the Russian Aviation and
Space Agency or Russian Space Agency by decree of the Russian
Government at any other time before, on, or after the date of
the enactment of this Act; or
(iv) is a joint stock company in which the Russian Aviation
and Space Agency or Russian Space Agency has at any time held
controlling interest.
(B) Any organization or entity described in subparagraph (A)
shall be deemed to be under the jurisdiction or control of the
Russian Aviation and Space Agency regardless of whether--
(i) such organization or entity, after being part of or
transferred to the Russian Aviation and Space Agency or Russian
Space Agency, is removed from or transferred out of the Russian
Aviation and Space Agency or Russian Space Agency; or
(ii) the Russian Aviation and Space Agency or Russian Space
Agency, after holding a controlling interest in such
organization or entity, divests its controlling interest.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.