II 

109TH CONGRESS 

1ST SESSION S. 1713 

To make amendments to the Iran Nonproliferation Act of 2000 related 

to International Space Station payments. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2005 

Mr. LUGAR introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

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

9 recent Unclassified Report to Congress on the Ac10 quisition of Technology Relating to Weapons of 
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1 Mass Destruction and Advanced Conventional Muni2 tions, 1 July Through 31 December 2003, states 

3 ‘‘Russian entities during the reporting period contin4 ued to supply a variety of ballistic missile-related 

5 goods and technical know-how to countries such as 

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

7 gaining technology and materials from Russian enti8 ties helped accelerate Iranian development of the 

9 Shahab-3 MRBM, and continuing Russian entity as10 sistance has supported Iranian efforts to develop 

11 new missiles and increase Tehran’s self-sufficiency 

12 in missile production.’’ 

13 (2) Vice Admiral Lowell E. Jacoby, the Direc14 tor of the Defense Intelligence Agency, stated in tes15 timony before the Select Committee on Intelligence 

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

17 probably will have the ability to produce nuclear 

18 weapons early in the next decade’’. 

19 (3) Iran has— 

20 (A) failed to act in accordance with the 

21 Agreement Between Iran and the International 

22 Atomic Energy Agency for the Application of 

23 Safeguards in Connection with the Treaty on 

24 the Non-Proliferation of Nuclear Weapons, 
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1 done at Vienna June 19, 1973 (commonly re2 ferred to as the ‘‘Safeguards Agreement’’); 

3 (B) acted in a manner inconsistent with 

4 the Protocol Additional to the Agreement Be5 tween Iran and the International Atomic En6 ergy Agency for the Application of Safeguards, 

7 signed at Vienna December 18, 2003 (com8 monly referred to as the ‘‘Additional Protocol’’); 

9 (C) acted in a manner inconsistent with its 

10 obligations under the Treaty on the Non-Pro11 liferation of Nuclear Weapons, done at Wash12 ington, London, and Moscow July 1, 1968, and 

13 entered into force March 5, 1970 (commonly re14 ferred to as the ‘‘Nuclear Non-Proliferation 

15 Treaty’’); and 

16 (D) resumed uranium enrichment activi17 ties, thus ending the confidence building meas18 ures it adopted in its November 2003 agree19 ment with the foreign ministers of the United 

20 Kingdom, France, and Germany. 

21 (4) The executive branch has on multiple occa22 sions used the authority provided under section 3 of 

23 the Iran Nonproliferation Act of 2000 (Public Law 

24 106–178; 50 U.S.C. 1701 note) to impose sanctions 
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1 on entities that have engaged in activities in viola2 tion of restrictions in the Act relating to— 

3 (A) the export of equipment and tech4 nology controlled under multilateral export con5 trol lists, including under the Australia Group, 

6 Chemical Weapons Convention, Missile Tech7 nology Control Regime, Nuclear Suppliers 

8 Group, and the Wassenaar Arrangement or oth9 erwise having the potential to make a material 

10 contribution to the development of weapons of 

11 mass destruction or cruise or ballistic missile 

12 systems to Iran; and 

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

14 the potential of making a material contribution 

15 to Iran’s weapons of mass destruction programs 

16 or on United States national control lists for 

17 reasons related to the proliferation of weapons 

18 of mass destruction or missiles. 

19 (5) The executive branch has never made a de20 termination pursuant to section 6(b) of the Iran 

21 Nonproliferation Act of 2000 that— 

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

23 the Russian Federation to oppose the prolifera24 tion to Iran of weapons of mass destruction and 
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1 missile systems capable of delivering such weap2 ons; 

3 (B) the Government of the Russian Fed4 eration (including the law enforcement, export 

5 promotion, export control, and intelligence 

6 agencies of such government) has demonstrated 

7 and continues to demonstrate a sustained com8 mitment to seek out and prevent the transfer to 

9 Iran of goods, services, and technology that 

10 could make a material contribution to the devel11 opment of nuclear, biological, or chemical weap12 ons, or of ballistic or cruise missile systems; 

13 and 

14 (C) no entity under the jurisdiction or con15 trol of the Government of the Russian Federa16 tion, has, during the 1-year period prior to the 

17 date of the determination pursuant to section 

18 6(b) of such Act, made transfers to Iran report19 able under section 2(a) of the Act. 

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

21 Bush issued Executive Order 13382 blocking prop22 erty of weapons of mass destruction proliferators 

23 and their supporters, and used the authority of such 

24 order against 4 Iranian entities, Aerospace Indus25 tries Organization, Shahid Hemmat Industrial 
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1 Group, Shahid Bakeri Industrial Group, and the 

2 Atomic Energy Organization of Iran, that have en3 gaged, or attempted to engage, in activities or trans4 actions that have materially contributed to, or pose 

5 a risk of materially contributing to, the proliferation 

6 of weapons of mass destruction or their means of de7 livery (including missiles capable of delivering such 

8 weapons), including efforts to manufacture, acquire, 

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

10 items. 

11 SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT 

12 OF 2000 RELATED TO INTERNATIONAL SPACE 

13 STATION PAYMENTS. 

14 (a) TREATMENT OF CERTAIN PAYMENTS.—Section 

15 7(1)(B) of the Iran Nonproliferation Act of 2000 (Public 

16 Law 106–178; 50 U.S.C. 1701 note) is amended by insert17 ing after ‘‘such date’’ the following: ‘‘, except that such 

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

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

20 the obligations of the United States under the Agreement 

21 Concerning Cooperation on the Civil International Space 

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

23 1998, and entered into force March 27, 2001, or any pro24 tocol, agreement, memorandum of understanding, or con25 tract related thereto, to January 1, 2012’’. 
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1 (b) REPORTING REQUIREMENTS.—Section 6 of such 

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

3 subsection: 

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

5 INTERNATIONAL SPACE STATION.— 

6 ‘‘(1) IN GENERAL.—The President shall, to7 gether with each report submitted under section 

8 2(a), submit to the Committee on Foreign Relations 

9 of the Senate and the Committee on International 

10 Relations of the House of Representatives a report 

11 that identifies each Russian entity or person to 

12 whom the United States Government has, since the 

13 date of the enactment of the Iran Nonproliferation 

14 Amendments Act of 2005, made a payment in cash 

15 or in kind to meet the obligations of the United 

16 States under the Agreement Concerning Cooperation 

17 on the Civil International Space Station, with annex, 

18 signed at Washington January 29, 1998, and en19 tered into force March 27, 2001, or any protocol, 

20 agreement, memorandum of understanding, or con21 tract related thereto. 

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

23 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)).’’. 

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