109TH CONGRESS

1ST SESSION S. 1713

AN ACT

To make amendments to the Iran Nonproliferation Act of

2000 related to International Space Station payments.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Iran Nonproliferation

5 Amendments Act of 2005’’.
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1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) The Director of Central Intelligence’s most

4 recent Unclassified Report to Congress on the Ac5 quisition of Technology Relating to Weapons of

6 Mass Destruction and Advanced Conventional Muni7 tions, 1 July Through 31 December 2003, states

8 ‘‘Russian entities during the reporting period contin9 ued to supply a variety of ballistic missile-related

10 goods and technical know-how to countries such as

11 Iran, India, and China. Iran’s earlier success in

12 gaining technology and materials from Russian enti13 ties helped accelerate Iranian development of the

14 Shahab-3 MRBM, and continuing Russian entity as15 sistance has supported Iranian efforts to develop

16 new missiles and increase Tehran’s self-sufficiency

17 in missile production.’’

18 (2) Vice Admiral Lowell E. Jacoby, the Direc19 tor of the Defense Intelligence Agency, stated in tes20 timony before the Select Committee on Intelligence

21 of the Senate on February 16, 2005, that ‘‘Tehran

22 probably will have the ability to produce nuclear

23 weapons early in the next decade’’.

24 (3) Iran has—

25 (A) failed to act in accordance with the

26 Agreement Between Iran and the International
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1 Atomic Energy Agency for the Application of

2 Safeguards in Connection with the Treaty on

3 the Non-Proliferation of Nuclear Weapons,

4 done at Vienna June 19, 1973 (commonly re5 ferred to as the ‘‘Safeguards Agreement’’);

6 (B) acted in a manner inconsistent with

7 the Protocol Additional to the Agreement Be8 tween Iran and the International Atomic En9 ergy Agency for the Application of Safeguards,

10 signed at Vienna December 18, 2003 (com11 monly referred to as the ‘‘Additional Protocol’’);

12 (C) acted in a manner inconsistent with its

13 obligations under the Treaty on the Non-Pro14 liferation of Nuclear Weapons, done at Wash15 ington, London, and Moscow July 1, 1968, and

16 entered into force March 5, 1970 (commonly re17 ferred to as the ‘‘Nuclear Non-Proliferation

18 Treaty’’); and

19 (D) resumed uranium enrichment activi20 ties, thus ending the confidence building meas21 ures it adopted in its November 2003 agree22 ment with the foreign ministers of the United

23 Kingdom, France, and Germany.

24 (4) The executive branch has on multiple occa25 sions used the authority provided under section 3 of
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1 the Iran Nonproliferation Act of 2000 (Public Law

2 106–178; 50 U.S.C. 1701 note) to impose sanctions

3 on entities that have engaged in activities in viola4 tion of restrictions in the Act relating to—

5 (A) the export of equipment and tech6 nology controlled under multilateral export con7 trol lists, including under the Australia Group,

8 Chemical Weapons Convention, Missile Tech9 nology Control Regime, Nuclear Suppliers

10 Group, and the Wassenaar Arrangement or oth11 erwise having the potential to make a material

12 contribution to the development of weapons of

13 mass destruction or cruise or ballistic missile

14 systems to Iran; and

15 (B) the export of other items to Iran with

16 the potential of making a material contribution

17 to Iran’s weapons of mass destruction programs

18 or on United States national control lists for

19 reasons related to the proliferation of weapons

20 of mass destruction or missiles.

21 (5) The executive branch has never made a de22 termination pursuant to section 6(b) of the Iran

23 Nonproliferation Act of 2000 that—

24 (A) it is the policy of the Government of

25 the Russian Federation to oppose the prolifera-
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1 tion to Iran of weapons of mass destruction and

2 missile systems capable of delivering such weap3 ons;

4 (B) the Government of the Russian Fed5 eration (including the law enforcement, export

6 promotion, export control, and intelligence

7 agencies of such government) has demonstrated

8 and continues to demonstrate a sustained com9 mitment to seek out and prevent the transfer to

10 Iran of goods, services, and technology that

11 could make a material contribution to the devel12 opment of nuclear, biological, or chemical weap13 ons, or of ballistic or cruise missile systems;

14 and

15 (C) no entity under the jurisdiction or con16 trol of the Government of the Russian Federa17 tion, has, during the 1-year period prior to the

18 date of the determination pursuant to section

19 6(b) of such Act, made transfers to Iran report20 able under section 2(a) of the Act.

21 (6) On June 29, 2005, President George W.

22 Bush issued Executive Order 13382 blocking prop23 erty of weapons of mass destruction proliferators

24 and their supporters, and used the authority of such

25 order against 4 Iranian entities, Aerospace Indus-
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1 tries Organization, Shahid Hemmat Industrial

2 Group, Shahid Bakeri Industrial Group, and the

3 Atomic Energy Organization of Iran, that have en4 gaged, or attempted to engage, in activities or trans5 actions that have materially contributed to, or pose

6 a risk of materially contributing to, the proliferation

7 of weapons of mass destruction or their means of de8 livery (including missiles capable of delivering such

9 weapons), including efforts to manufacture, acquire,

10 possess, develop, transport, transfer, or use such

11 items.

12 SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT

13 OF 2000 RELATED TO INTERNATIONAL SPACE

14 STATION PAYMENTS.

15 (a) TREATMENT OF CERTAIN PAYMENTS.—Section

16 7(1)(B) of the Iran Nonproliferation Act of 2000 (Public

17 Law 106–178; 50 U.S.C. 1701 note) is amended by insert18 ing after ‘‘such date’’ the following: ‘‘, except that such

19 term does not mean payments in cash or in kind made

20 or to be made by the United States Government, to meet

21 the obligations of the United States under the Agreement

22 Concerning Cooperation on the Civil International Space

23 Station, with annex, signed at Washington January 29,

24 1998, and entered into force March 27, 2001, or any pro-
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1 tocol, agreement, memorandum of understanding, or con2 tract related thereto, to January 1, 2012’’.

3 (b) REPORTING REQUIREMENTS.—Section 6 of such

4 Act is amended by adding at the end the following new

5 subsection:

6 ‘‘(i) REPORT ON CERTAIN PAYMENTS RELATED TO

7 INTERNATIONAL SPACE STATION.—

8 ‘‘(1) IN GENERAL.—The President shall, to9 gether with each report submitted under section

10 2(a), submit to the Committee on Foreign Relations

11 of the Senate and the Committee on International

12 Relations of the House of Representatives a report

13 that identifies each Russian entity or person to

14 whom the United States Government has, since the

15 date of the enactment of the Iran Nonproliferation

16 Amendments Act of 2005, made a payment in cash

17 or in kind to meet the obligations of the United

18 States under the Agreement Concerning Cooperation

19 on the Civil International Space Station, with annex,

20 signed at Washington January 29, 1998, and en21 tered into force March 27, 2001, or any protocol,

22 agreement, memorandum of understanding, or con23 tract related thereto.

24 ‘‘(2) CONTENT.—Each report submitted under

25 paragraph (1) shall include—
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1 ‘‘(A) the specific purpose of each payment

2 made to each entity or person identified in the

3 report; and

4 ‘‘(B) with respect to each such payment,

5 the assessment of the President that the pay6 ment was not prejudicial to the achievement of

7 the objectives of the United States Government

8 to prevent the proliferation of ballistic or cruise

9 missile systems in Iran and other countries that

10 have repeatedly provided support for acts of

11 international terrorism, as determined by the

12 Secretary of State under section 620A(a) of the

13 Foreign Assistance Act of 1961 (22 U.S.C.

14 2371(a)), section 6(j) of the Export Adminis15 tration Act of 1979 (50 U.S.C. App. 2405(j)),

16 or section 40(d) of the Arms Export Control

17 Act (22 U.S.C. 2780(d)).’’.

Passed the Senate September 21, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1713

AN ACT

To make amendments to the Iran Nonproliferation

tion payments.Act of 2000 related to International Space Sta-