I 

112TH CONGRESS 

1ST SESSION H. R. 2105 

To provide for the application of measures to foreign persons who transfer 

to Iran, North Korea, and Syria certain goods, services, or technology, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2011 

Ms. ROS-LEHTINEN (for herself and Mr. SHERMAN) introduced the following 

bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Oversight and Government Reform, the Judiciary, Ways and Means, Science, Space, and Technology, Financial Services, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the application of measures to foreign persons 

who transfer to Iran, North Korea, and Syria certain 

goods, services, or technology, and for other purposes. 

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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Iran, North Korea, and Syria Nonproliferation Reform 

6 and Modernization Act of 2011’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Statement of policy. 

Sec. 3. Reports on proliferation relating to Iran, North Korea, and Syria. 

Sec. 4. Application of measures to certain foreign persons. 

Sec. 5. Determination exempting a foreign person from the application of certain measures. 

Sec. 6. Restrictions on nuclear cooperation with countries aiding proliferation 

by Iran, North Korea, or Syria. 

Sec. 7. Restriction on extraordinary payments in connection with the International Space Station. 

Sec. 8. Exclusion from the United States of senior officials of foreign persons 

who have aided proliferation relating to Iran. 

Sec. 9. Prohibition on certain vessels landing in the United States; enhanced 

inspections. 

Sec. 10. Sanctions with respect to critical defense resources provided to or acquired from Iran, North Korea, or Syria. 

Sec. 11. Definitions. 

Sec. 12. Repeal of Iran, North Korea, and Syria Nonproliferation Act. 

3 SEC. 2. STATEMENT OF POLICY. 

4 It shall be the policy of the United States to fully 

5 implement and enforce sanctions against Iran, North 

6 Korea, and Syria for their proliferation activities and poli7 cies. 

8 SEC. 3. REPORTS ON PROLIFERATION RELATING TO IRAN, 

9 NORTH KOREA, AND SYRIA. 

10 (a) REPORTS.—Not later than 90 days after the date 

11 of the enactment of this Act and every 180 days there12 after, the President shall transmit to the appropriate con13 gressional committees a report identifying every foreign 

14 person with respect to whom there is credible information 

15 indicating that such person— 

16 (1) on or after January 1, 1999, transferred to 

17 or acquired from Iran, on or after January 1, 2005, 


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1 transferred to or acquired from Syria, or on or after 

2 January 1, 2006, transferred to or acquired from 

3 North Korea— 

4 (A) goods, services, or technology listed 

5 on— 

6 (i) the Nuclear Suppliers Group 

7 Guidelines for the Export of Nuclear Mate8 rial, Equipment and Technology (published 

9 by the International Atomic Energy Agen10 cy as Information Circular INFCIRC/254/ 

11 Rev. 3/Part 1, and subsequent revisions) 

12 and Guidelines for Transfers of Nuclear13 Related Dual-Use Equipment, Material, 

14 and Related Technology (published by the 

15 International Atomic Energy Agency as In16 formation Circular INFCIRC/254/Rev. 3/ 

17 Part 2, and subsequent revisions); 

18 (ii) the Missile Technology Control 

19 Regime Equipment and Technology Annex 

20 of June 11, 1996, and subsequent revi21 sions; 

22 (iii) the lists of items and substances 

23 relating to biological and chemical weapons 

24 the export of which is controlled by the 

25 Australia Group; 


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1 (iv) the Schedule One or Schedule 

2 Two list of toxic chemicals and precursors 

3 the export of which is controlled pursuant 

4 to the Convention on the Prohibition of the 

5 Development, Production, Stockpiling and 

6 Use of Chemical Weapons and on Their 

7 Destruction; or 

8 (v) the Wassenaar Arrangement list of 

9 Dual Use Goods and Technologies and 

10 Munitions list of July 12, 1996, and subse11 quent revisions; or 

12 (B) goods, services, or technology not list13 ed on any list specified in subparagraph (A) but 

14 which nevertheless would be, if such goods, 

15 services, or technology were United States 

16 goods, services, or technology, prohibited for ex17 port to Iran, North Korea, or Syria, as the case 

18 may be, because of the potential of such goods, 

19 services or technology to make a material con20 tribution to the development of nuclear, biologi21 cal, or chemical weapons, or of ballistic or 

22 cruise missile systems; 

23 (2) except as provided in subsection (b), on or 

24 after the date of the enactment of this Act, acquired 

25 materials mined or otherwise extracted within the 


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1 territory or control of Iran, North Korea, or Syria, 

2 as the case may be, for purposes relating to the nu3 clear, biological, or chemical weapons, or ballistic or 

4 cruise missile development programs of Iran, North 

5 Korea, or Syria, as the case may be; 

6 (3) on or after the date of the enactment of this 

7 Act, transferred to Iran, Syria, or North Korea 

8 goods, services, or technology that could assist ef9 forts to extract or mill uranium ore within the terri10 tory or control of Iran, North Korea, or Syria, as 

11 the case may be; or 

12 (4) on or after the date of the enactment of this 

13 Act, provided a vessel, insurance or reinsurance, or 

14 any other shipping service for the transportation of 

15 goods to or from Iran, North Korea, or Syria for 

16 purposes relating to the nuclear, biological, or chem17 ical weapons, or ballistic or cruise missile develop18 ment programs of Iran, North Korea, or Syria, as 

19 the case may be. 

20 (b) EXCEPTIONS.—Any foreign person who— 

21 (1) was identified in a report transmitted in ac22 cordance with subsection (a) on account of a par23 ticular transfer, or 


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1 (2) has engaged in a transfer on behalf of, or 

2 in concert with, the Government of the United 

3 States, 

4 shall not be identified on account of that same transfer 

5 in any report submitted thereafter under this section, ex6 cept to the degree that new information has emerged indi7 cating that the particular transfer at issue may have con8 tinued, or been larger, more significant, or different in na9 ture than previously reported under this section. 

10 (c) TRANSMISSION IN CLASSIFIED FORM.—If the 

11 President considers it appropriate, reports transmitted in 

12 accordance with subsection (a), or appropriate parts there13 of, may be transmitted in classified form. 

14 (d) CONTENT OF REPORTS.—Each report required 

15 under subsection (a) shall contain, with respect to each 

16 foreign person identified in each such report, a brief de17 scription of the type and quantity of the goods, services, 

18 or technology transferred by such person to Iran, North 

19 Korea, or Syria, the circumstances surrounding such 

20 transfer, the usefulness to the nuclear, biological, or chem21 ical weapons, or ballistic or cruise missile development 

22 programs of Iran, North Korea, or Syria of such transfer, 

23 and the probable awareness or lack thereof of the transfer 

24 on the part of the government with primary jurisdiction 

25 over such person. 


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1 SEC. 4. APPLICATION OF MEASURES TO CERTAIN FOREIGN 

2 PERSONS. 

3 (a) APPLICATION OF MEASURES.—Subject to section 

4 5, the President shall apply, for a period of not less than 

5 two years, the measures specified in subsection (b) with 

6 respect to— 

7 (1) each foreign person identified in a report 

8 transmitted under section 3(a); 

9 (2) each person that is a successor, subunit, or 

10 subsidiary of a foreign person referred to in para11 graph (1); and 

12 (3) each person that owns more than 50 per13 cent of, or controls in fact, a foreign person referred 

14 to in paragraph (1) or a person described in para15 graph (2). 

16 (b) DESCRIPTION OF MEASURES.—The measures re17 ferred to in subsection (a) are the following: 

18 (1) EXECUTIVE ORDER 12938 PROHIBITIONS.— 

19 The measures specified in subsections (b), (c), and 

20 (d) of section 4 of Executive Order 12938 (50 

21 U.S.C. 1701 note; relating to proliferation of weap22 ons of mass destruction). 

23 (2) ARMS EXPORT PROHIBITION.—Prohibition 

24 on United States Government sales to a person de25 scribed in subsection (a) of any item on the United 

26 States Munitions List and termination of sales to 


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1 such person of any defense articles, defense services, 

2 or design and construction services under the Arms 

3 Export Control Act (22 U.S.C. 2751 et seq.). 

4 (3) DUAL USE EXPORT PROHIBITION.—Denial 

5 of licenses and suspension of existing licenses for the 

6 transfer to a person described in subsection (a) of 

7 items the export of which is controlled under the Ex8 port Administration Act of 1979 (50 U.S.C. App. 

9 2401 et seq.), as in effect pursuant to the Inter10 national Emergency Economic Powers Act, or the 

11 Export Administration Regulations. 

12 (4) INVESTMENT PROHIBITION.—Prohibition on 

13 any investment by a United States person in prop14 erty, including entities, owned or controlled by a per15 son described in subsection (a). 

16 (5) FINANCING PROHIBITION.—Prohibition on 

17 any approval, financing, or guarantee by a United 

18 States person, wherever located, of a transaction by 

19 a person described in subsection (a). 

20 (6) FINANCIAL ASSISTANCE PROHIBITION.—De21 nial by the United States Government of any credit, 

22 credit guarantees, grants, or other financial assist23 ance by any agency of the United States Govern24 ment to a person described in subsection (a). 


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1 (c) EFFECTIVE DATE.—Measures applied pursuant 

2 to subsection (a) shall be effective with respect to a foreign 

3 person no later than— 

4 (1) 90 days after the report identifying the for5 eign person is submitted, if the report is submitted 

6 on or before the date required by section 3(a); 

7 (2) 90 days after the date required by section 

8 3(a) for submitting the report, if the report identi9 fying the foreign person is submitted within 60 days 

10 after that date; or 

11 (3) on the date that the report identifying the 

12 foreign person is submitted, if that report is sub13 mitted more than 60 days after the date required by 

14 section 3(a). 

15 (d) PUBLICATION IN FEDERAL REGISTER.— 

16 (1) IN GENERAL.—The Secretary of the Treas17 ury shall publish in the Federal Register notice of 

18 the application against a person of measures pursu19 ant to subsection (a). 

20 (2) CONTENT.—Each notice published in ac21 cordance with paragraph (1) shall include the name 

22 and address (where known) of each person to which 

23 measures have been applied pursuant to subsection 

24 (a). 


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1 SEC. 5. DETERMINATION EXEMPTING A FOREIGN PERSON 

2 FROM THE APPLICATION OF CERTAIN MEAS3 URES. 

4 (a) IN GENERAL.—The application of any measure 

5 described in section 4(b) to a person described in section 

6 4(a) shall cease to be effective beginning 15 days after 

7 the date on which the President reports to the appropriate 

8 congressional committees that the President has deter9 mined, on the basis of information provided by such per10 son or otherwise obtained by the President, that— 

11 (1) in the case of a transfer or acquisition of 

12 goods, services, or technology described in section 

13 3(a)(1)— 

14 (A) such person did not, on or after Janu15 ary 1, 1999, knowingly transfer to or acquire 

16 from Iran, North Korea, or Syria, as the case 

17 may be, such goods, services, or technology the 

18 apparent transfer of which caused such person 

19 to be identified in a report submitted pursuant 

20 to section 3(a); 

21 (B) the goods, services, or technology the 

22 transfer of which caused such person to be 

23 identified in a report submitted pursuant to 

24 section 3(a) did not materially contribute to the 

25 efforts of Iran, North Korea, or Syria, as the 

26 case may be, to develop nuclear, biological, or 


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1 chemical weapons, or ballistic or cruise missile 

2 systems, or weapons listed on the Wassenaar 

3 Arrangement Munitions List of July 12, 1996, 

4 or any subsequent revision of such List; 

5 (C) such person is subject to the primary 

6 jurisdiction of a government that is an adherent 

7 to one or more relevant nonproliferation re8 gimes, such person was identified in a report 

9 submitted pursuant to section 3(a) with respect 

10 to a transfer of goods, services, or technology 

11 described in section 3(a)(1)(A), and such trans12 fer was made in accordance with the guidelines 

13 and parameters of all such relevant regimes of 

14 which such government is an adherent; or 

15 (D) the government with primary jurisdic16 tion over such person has imposed meaningful 

17 penalties on such person on account of the 

18 transfer of such goods, services, or technology 

19 that caused such person to be identified in a re20 port submitted pursuant to section 3(a); 

21 (2) in the case of an acquisition of materials 

22 mined or otherwise extracted within the territory of 

23 Iran, North Korea, or Syria, as the case may be, de24 scribed in section 3(a)(2) for purposes relating to 

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1 listic or cruise missile development programs of 

2 Iran, North Korea, or Syria, as the case may be, 

3 such person did not acquire such materials; or 

4 (3) in the case of the provision of a vessel, in5 surance or reinsurance, or another shipping service 

6 for the transportation of goods to or from Iran, 

7 North Korea, or Syria, as the case may be, described 

8 in section 3(a)(3) for purposes relating to the nu9 clear, biological, or chemical weapons, or ballistic or 

10 cruise missile development programs of Iran, North 

11 Korea, or Syria, as the case may be, such person did 

12 not provide such a vessel or service. 

13 (b) OPPORTUNITY TO PROVIDE INFORMATION.— 

14 Congress urges the President— 

15 (1) in every appropriate case, to contact in a 

16 timely fashion each person described in section 3(a), 

17 or the government with primary jurisdiction over 

18 such person, in order to afford such person, or such 

19 government, the opportunity to provide explanatory, 

20 exculpatory, or other additional information with re21 spect to the transfer that caused such person to be 

22 identified in a report submitted pursuant to section 

23 3(a); and 

24 (2) to exercise the authority described in sub25 section (a) in all cases in which information obtained 


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1 from each person described in section 3(a), or from 

2 the government with primary jurisdiction over such 

3 person, establishes that the exercise of such author4 ity is warranted. 

5 (c) FORM OF TRANSMISSION.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the determination and report of the 

8 President under subsection (a) shall be transmitted 

9 in unclassified form. 

10 (2) EXCEPTION.—The determination and report 

11 of the President under subsection (a) may be trans12 mitted in classified form if the President certifies to 

13 the appropriate congressional committees that it is 

14 vital to the national security interests of the United 

15 States to do so. 

16 SEC. 6. RESTRICTIONS ON NUCLEAR COOPERATION WITH 

17 COUNTRIES AIDING PROLIFERATION BY 

18 IRAN, NORTH KOREA, OR SYRIA. 

19 (a) IN GENERAL.— 

20 (1) RESTRICTIONS.—Notwithstanding any other 

21 provision of law, on or after the date of the enact22 ment of this Act— 

23 (A) no agreement for cooperation between 

24 the United States and the government of any 

25 country that is assisting the nuclear program of 


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1 Iran, North Korea, or Syria, or transferring ad2 vanced conventional weapons or missiles to 

3 Iran, North Korea, or Syria may be submitted 

4 to the President or to Congress pursuant to 

5 section 123 of the Atomic Energy Act of 1954 

6 (42 U.S.C. 2153); 

7 (B) no such agreement may enter into 

8 force with respect to such country; 

9 (C) no license may be issued for export di10 rectly or indirectly to such country of any nu11 clear material, facilities, components, or other 

12 goods, services, or technology that would be 

13 subject to such agreement; and 

14 (D) no approval may be given for the 

15 transfer or retransfer directly or indirectly to 

16 such country of any nuclear material, facilities, 

17 components, or other goods, services, or tech18 nology that would be subject to such agreement, 

19 until the President makes the determination 

20 and report under paragraph (2). 

21 (2) DETERMINATION AND REPORT.—The deter22 mination and report referred to in paragraph (1)(D) 

23 are a determination and report by the President, 

24 submitted to the Committee on Foreign Affairs of 


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1 the House of Representatives and the Committee on 

2 Foreign Relations of the Senate, that— 

3 (A) Iran, North Korea, or Syria, as the 

4 case may, has ceased its efforts to design, de5 velop, or acquire a nuclear explosive device or 

6 related materials or technology; or 

7 (B) the government of the country that is 

8 assisting the nuclear programs of Iran, North 

9 Korea, or Syria, as the case may be, or trans10 ferring advanced conventional weapons or mis11 siles to Iran, North Korea, or Syria, as the case 

12 may be— 

13 (i) has suspended all nuclear assist14 ance to Iran, North Korea, or Syria, as the 

15 case may be, and all transfers of advanced 

16 conventional weapons and missiles to Iran, 

17 North Korea, or Syria, as the case may be; 

18 and 

19 (ii) is committed to maintaining that 

20 suspension until Iran, North Korea, or 

21 Syria, as the case may be, has imple22 mented measures that would permit the 

23 President to make the determination de24 scribed in subparagraph (A). 


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1 (b) RULES OF CONSTRUCTION.—The restrictions de2 scribed in subsection (a)(1)— 

3 (1) shall apply in addition to all other applica4 ble procedures, requirements, and restrictions de5 scribed in the Atomic Energy Act of 1954 and other 

6 applicable Acts; and 

7 (2) shall not be construed as affecting the valid8 ity of an agreement for cooperation between the 

9 United States and the government of a country that 

10 is in effect on the date of the enactment of this Act. 

11 (c) DEFINITIONS.—In this section: 

12 (1) AGREEMENT FOR COOPERATION.—The term 

13 ‘‘agreement for cooperation’’ has the meaning given 

14 that term in section 11 b. of the Atomic Energy Act 

15 of 1954 (42 U.S.C. 2014 b.). 

16 (2) ASSISTING THE NUCLEAR PROGRAM OF

17 IRAN, NORTH KOREA, OR SYRIA.—The term ‘‘assist18 ing the nuclear program of Iran, North Korea, or 

19 Syria’’ means the intentional transfer to Iran, North 

20 Korea, or Syria by a government, or by a person 

21 subject to the jurisdiction of a government with the 

22 knowledge and acquiescence of that government, of 

23 goods, services, or technology listed on the Nuclear 

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1 lished by the International Atomic Energy Agency as 

2 Information Circular INFCIRC/254/Rev. 3/Part 1, 

3 and subsequent revisions), or the Nuclear Suppliers 

4 Group Guidelines for Transfers of Nuclear-Related 

5 Dual-Use Equipment, Material, and Related Tech6 nology (published by the International Atomic En7 ergy Agency as Information Circular INFCIR/254/ 

8 Rev. 3/Part 2, and subsequent revisions). 

9 (3) COUNTRY THAT IS ASSISTING THE NU10 CLEAR PROGRAMS OF IRAN, NORTH KOREA, OR

11 SYRIA OR TRANSFERRING ADVANCED CONVENTIONAL

12 WEAPONS OR MISSILES TO IRAN, NORTH KOREA, OR

13 SYRIA.—The term ‘‘country that is assisting the nu14 clear program of Iran, North Korea, or Syria or 

15 transferring advanced conventional weapons or mis16 siles to Iran, North Korea, or Syria’’ means— 

17 (A) the Russian Federation; and 

18 (B) any other country determined by the 

19 President to be assisting the nuclear program 

20 of Iran, North Korea, or Syria or transferring 

21 advanced conventional weapons or missiles to 

22 Iran, North Korea, or Syria. 

23 (4) TRANSFER.—The term ‘‘transfer’’ means 

24 the conveyance of technological or intellectual prop25 erty, or the conversion of intellectual or technological 


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1 advances into marketable goods, services, or articles 

2 of value, developed and generated in one place, to 

3 another through illegal or illicit means to a country, 

4 the government of which the Secretary of State has 

5 determined, for purposes of section 6(j)(1)(A) of the 

6 Export Administration Act of 1979 (as in effect pur7 suant to the International Emergency Economic 

8 Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) 

9 of the Arms Export Control Act (22 U.S.C. 

10 2780(d)), and section 620A of the Foreign Assist11 ance Act of 1961 (22 U.S.C. 2371), is a government 

12 that has repeatedly provided support for acts of 

13 international terrorism. 

14 (5) TRANSFERRING ADVANCED CONVENTIONAL

15 WEAPONS OR MISSILES TO IRAN, NORTH KOREA, OR

16 SYRIA.—The term ‘‘transferring advanced conven17 tional weapons or missiles to Iran, North Korea, or 

18 Syria’’ means the intentional transfer to Iran, North 

19 Korea, or Syria by a government, or by a person 

20 subject to the jurisdiction of a government with the 

21 knowledge and acquiescence of that government, of 

22 goods, services, or technology listed on— 

23 (A) the Wassenaar Arrangement list of 

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1 tions list of July 12, 1996, and subsequent revi2 sions; or 

3 (B) the Missile Technology Control Regime 

4 Equipment and Technology Annex of June 11, 

5 1996, and subsequent revisions. 

6 SEC. 7. RESTRICTION ON EXTRAORDINARY PAYMENTS IN 

7 CONNECTION WITH THE INTERNATIONAL 

8 SPACE STATION. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, no agency of the United States Government 

11 may make extraordinary payments in connection with the 

12 International Space Station to the Russian Aviation and 

13 Space Agency, any organization or entity under the juris14 diction or control of the Russian Aviation and Space Agen15 cy, or any other organization, entity, or element of the 

16 Government of the Russian Federation, unless, during the 

17 fiscal year in which such extraordinary payments are to 

18 be made, the President has made the determination de19 scribed in subsection (b), and reported such determination 

20 to the Committee on Foreign Affairs and the Committee 

21 on Science and Technology of the House of Representa22 tives and the Committee on Foreign Relations and the 

23 Committee on Commerce, Science, and Transportation of 

24 the Senate. 


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1 (b) DETERMINATION REGARDING RUSSIAN CO2 OPERATION IN PREVENTING PROLIFERATION RELATING

3 TO IRAN, NORTH KOREA, AND SYRIA.—The determina4 tion referred to in subsection (a) is a determination by 

5 the President that— 

6 (1) it is the policy of the Government of the 

7 Russian Federation (including the law enforcement, 

8 export promotion, export control, and intelligence 

9 agencies of such Government) to oppose the pro10 liferation to or from Iran, North Korea, and Syria 

11 of weapons of mass destruction and missile systems 

12 capable of delivering such weapons; 

13 (2) the Government of the Russian Federation 

14 (including the law enforcement, export promotion, 

15 export control, and intelligence agencies of such Gov16 ernment) has demonstrated and continues to dem17 onstrate a sustained commitment to seek out and 

18 prevent the transfer to or from Iran, North Korea, 

19 and Syria of goods, services, and technology that 

20 could make a material contribution to the nuclear, 

21 biological, or chemical weapons, or of ballistic or 

22 cruise missile systems development programs of 

23 Iran; and 

24 (3) neither the Russian Aviation and Space 

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1 risdiction or control of the Russian Aviation and 

2 Space Agency, has, during the one-year period end3 ing on the date of the determination under this sub4 section made transfers to or from Iran, North 

5 Korea, or Syria reportable under section 3(a) (other 

6 than transfers with respect to which a determination 

7 pursuant to section 5 has been or will be made). 

8 (c) PRIOR NOTIFICATION.—Not less than five days 

9 before making a determination under this section, the 

10 President shall notify the Committee on Foreign Affairs 

11 and the Committee on Science, Space, and Technology of 

12 the House of Representatives and the Committee on For13 eign Relations and the Committee on Commerce, Science, 

14 and Transportation of the Senate of the President’s inten15 tion to make such a determination. 

16 (d) WRITTEN JUSTIFICATION.—A determination of 

17 the President under this section shall include a written 

18 justification describing in detail the facts and cir19 cumstances supporting the President’s conclusion. 

20 (e) TRANSMISSION IN CLASSIFIED FORM.—If the 

21 President considers it appropriate, a determination of the 

22 President under this section, a prior notification under 

23 subsection (c), and a written justification under subsection 

24 (d), or appropriate parts thereof, may be transmitted in 

25 classified form. 


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1 (f) EXCEPTION FOR CREW SAFETY.— 

2 (1) EXCEPTION.—The National Aeronautics 

3 and Space Administration may make extraordinary 

4 payments in connection with the International Space 

5 Station to the Russian Aviation and Space Agency 

6 or any organization or entity under the jurisdiction 

7 or control of the Russian Aviation and Space Agen8 cy, or any subcontractor thereof, that would other9 wise be prohibited under this section if the President 

10 notifies Congress in writing that such payments are 

11 necessary to prevent the imminent loss of life of or 

12 grievous injury to individuals aboard the Inter13 national Space Station. 

14 (2) REPORT.—Not later than 30 days after no15 tifying Congress that the National Aeronautics and 

16 Space Administration will make extraordinary pay17 ments under paragraph (1), the President shall 

18 transmit to Congress a report describing— 

19 (A) the extent to which the provisions of 

20 subsection (b) had been met as of the date of 

21 notification; and 

22 (B) the measures that the National Aero23 nautics and Space Administration is taking to 

24 ensure that— 


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1 (i) the conditions posing a threat of 

2 imminent loss of life of or grievous injury 

3 to individuals aboard the International 

4 Space Station necessitating the extraor5 dinary payments are not repeated; and 

6 (ii) it is no longer necessary to make 

7 extraordinary payments in order to prevent 

8 imminent loss of life of or grievous injury 

9 to individuals aboard the International 

10 Space Station. 

11 (g) SERVICE MODULE EXCEPTION.— 

12 (1) IN GENERAL.—The National Aeronautics 

13 and Space Administration may make extraordinary 

14 payments in connection with the International Space 

15 Station to the Russian Aviation and Space Agency, 

16 any organization or entity under the jurisdiction or 

17 control of the Russian Aviation and Space Agency, 

18 or any subcontractor thereof, that would otherwise 

19 be prohibited under this section for the construction, 

20 testing, preparation, delivery, launch, or mainte21 nance of the Service Module, and for the purchase 

22 (at a total cost not to exceed $14,000,000) of the 

23 pressure dome for the Interim Control Module and 

24 the Androgynous Peripheral Docking Adapter and 


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1 related hardware for the United States propulsion 

2 module, if— 

3 (A) the President has notified Congress at 

4 least five days before making such payments; 

5 (B) no report has been made under section 

6 3(a) with respect to an activity of the entity to 

7 receive such payment, and the President has no 

8 credible information of any activity that would 

9 require such a report; and 

10 (C) the United States will receive goods or 

11 services of value to the United States commen12 surate with the value of the extraordinary pay13 ments made. 

14 (2) DEFINITION.—For purposes of this sub15 section, the term ‘‘maintenance’’ means activities 

16 that cannot be performed by the National Aero17 nautics and Space Administration and which must 

18 be performed in order for the Service Module to pro19 vide environmental control, life support, and orbital 

20 maintenance functions which cannot be performed 

21 by an alternative means at the time of payment. 

22 (3) TERMINATION.—This subsection shall cease 

23 to be effective on the date that is 60 days after the 

24 date on which a United States propulsion module is 

25 in place at the International Space Station. 


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1 (h) EXCEPTION.—No agency of the United States 

2 Government may make extraordinary payments in connec3 tion with the International Space Station, or any other 

4 payments in connection with the International Space Sta5 tion, to any foreign person subject to measures applied 

6 pursuant to section 4 of Executive Order 12938 (Novem7 ber 14, 1994), as amended by Executive Order 13094 

8 (July 28, 1998). 

9 (i) REPORT ON CERTAIN PAYMENTS RELATED TO

10 INTERNATIONAL SPACE STATION.— 

11 (1) IN GENERAL.—The President shall, to12 gether with each report submitted under section 

13 3(a), transmit to the Committee on Foreign Rela14 tions of the Senate and the Committee on Foreign 

15 Affairs of the House of Representatives a report 

16 that identifies each Russian entity or person to 

17 whom the United States Government has, since No18 vember 22, 2005, made a payment in cash or in 

19 kind for work to be performed or services to be ren20 dered under the Agreement Concerning Cooperation 

21 on the Civil International Space Station, with annex, 

22 signed at Washington January 29, 1998, and en23 tered into force March 27, 2001, or any protocol, 

24 agreement, memorandum of understanding, or con25 tract related thereto. 


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1 (2) CONTENT.—Each report transmitted under 

2 paragraph (1) shall include— 

3 (A) the specific purpose of each payment 

4 made to each entity or person identified in such 

5 report; and 

6 (B) with respect to each such payment, the 

7 assessment of the President that the payment 

8 was not prejudicial to the achievement of the 

9 objectives of the United States Government to 

10 prevent the proliferation of ballistic or cruise 

11 missile systems in Iran and other countries that 

12 have repeatedly provided support for acts of 

13 international terrorism, as determined by the 

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

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

16 2371(a)), section 6(j) of the Export Adminis17 tration Act of 1979 (50 U.S.C. App. 2405(j)), 

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

19 Act (22 U.S.C. 2780(d)). 

20 SEC. 8. EXCLUSION FROM THE UNITED STATES OF SENIOR 

21 OFFICIALS OF FOREIGN PERSONS WHO HAVE 

22 AIDED PROLIFERATION RELATING TO IRAN. 

23 (a) GROUNDS FOR EXCLUSION.—Except as provided 

24 in subsection (b), the Secretary of State shall deny a visa 

25 to, and the Secretary of Homeland Security shall exclude 


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1 from the United States, any alien whom the Secretary of 

2 State determines is an alien who, on or after the date of 

3 the enactment of this Act, is a— 

4 (1) corporate officer, principal, or shareholder 

5 with a controlling interest of a foreign person identi6 fied in a report submitted pursuant to section 3(a); 

7 (2) corporate officer, principal, or shareholder 

8 with a controlling interest of a successor entity to, 

9 or a parent or subsidiary of, a foreign person identi10 fied in such a report; 

11 (3) corporate officer, principal, or shareholder 

12 with a controlling interest of an affiliate of a foreign 

13 person identified in such a report, if such affiliate 

14 engaged in the activities referred to in such report, 

15 and if such affiliate is controlled in fact by the for16 eign person identified in such report; 

17 (4) spouse, minor child, or agent of a person 

18 excludable under paragraph (1), (2), or (3); 

19 (5) senior official of a foreign government iden20 tified in such a report; 

21 (6) senior official of a foreign government with 

22 primary jurisdiction over a foreign person identified 

23 in such a report; or 

24 (7) spouse, minor child, or agent of a person 

25 excludable under paragraph (5) or (6). 


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1 (b) EXCEPTION.—The President may waive denial of 

2 a visa and exclusion from the United States described in 

3 subsection (a) with respect to a person specified in para4 graph (5), (6), or (7) of subsection (a) if the President 

5 determines and certifies in writing to the Committee on 

6 Foreign Affairs and the Committee on Appropriations of 

7 the House of Representatives and the Committee on For8 eign Relations and the Committee on Appropriations of 

9 the Senate, on a case by case basis, that the foreign gov10 ernment with primary jurisdiction over such person has 

11 made and continues to make clear, specific efforts to stop 

12 and deter the transfer (as such term is defined in section 

13 9) or retransfer of, or the permitting, hosting, or other 

14 facilitating of transshipments that may enable the transfer 

15 or retransfer of goods or technology that contribute to the 

16 efforts by Iran to acquire or develop advanced conven17 tional weapons, or to acquire, develop, produce, or stock18 pile biological, chemical, radiological, or nuclear weapons 

19 or long-range ballistic missiles cruise missiles. 

20 (c) DEFINITIONS.—In this section— 

21 (1) the term ‘‘advanced conventional weapons’’ 

22 means goods, services, or technology listed on— 

23 (A) the Wassenaar Arrangement list of 

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1 tions list of July 12, 1996, and subsequent revi2 sions; or 

3 (B) the Missile Technology Control Regime 

4 Equipment and Technology Annex of June 11, 

5 1996, and subsequent revisions; and 

6 (2) the term ‘‘transshipment’’ means the trans7 fer of cargo from one vessel or conveyance to an8 other vessel for further transit to complete the voy9 age and carry the cargo to its ultimate destination. 

10 SEC. 9. PROHIBITION ON CERTAIN VESSELS LANDING IN 

11 THE UNITED STATES; ENHANCED INSPEC12 TIONS. 

13 (a) PROHIBITION ON CERTAIN VESSELS LANDING IN

14 THE UNITED STATES.—Beginning on the date of the en15 actment of this Act, a vessel may not land at any port 

16 in the United States to load or unload freight or engage 

17 in the trade of goods or services if the vessel knowingly 

18 entered a port in Iran, North Korea, or Syria during the 

19 180-day period ending on the date of arrival of the vessel 

20 at the port in the United States. 

21 (b) ENFORCEMENT; ENHANCED INSPECTIONS.—Not 

22 later than 180 days after the date of the enactment of 

23 this Act, the Secretary of Homeland Security, in consulta24 tion with the Secretary of the Treasury and the Secretary 

25 of Commerce, shall prescribe regulations that— 


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1 (1) require each vessel requesting to land at a 

2 port in the United States to certify that the vessel 

3 is not prohibited from landing at that port by reason 

4 of the application of subsection (a); 

5 (2) prohibit, for a period of two years, any ves6 sel that provides false certification under paragraph 

7 (1) from landing at a port in the United States; 

8 (3) provide a mechanism for identifying foreign 

9 ports at which vessels have landed during the pre10 ceding 12-month period that have also landed at 

11 ports in Iran, North Korea, or Syria during that pe12 riod; 

13 (4) require an enhanced inspection of vessels 

14 arriving in the United States from foreign ports 

15 identified in paragraph (3); and 

16 (5) set forth procedures for inspecting each ves17 sel described in paragraph (4) that are sufficiently 

18 rigorous to establish whether the vessel was involved, 

19 during the 12-month period preceding the arrival of 

20 the vessel at the port in the United States, in any 

21 activity that would be subject to sanctions under this 

22 Act or any other provision of law. 

23 (c) PORT DEFINED.—For purposes of this section, 

24 the term ‘‘port’’ means a seaport or airport. 


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1 SEC. 10. SANCTIONS WITH RESPECT TO CRITICAL DEFENSE 

2 RESOURCES PROVIDED TO OR ACQUIRED 

3 FROM IRAN, NORTH KOREA, OR SYRIA. 

4 (a) IN GENERAL.—The President shall apply the 

5 sanctions described in subsection (b) to any person the 

6 President determines is, on or after the date of the enact7 ment of this Act, providing to, or acquiring from, Iran, 

8 North Korea, or Syria any good or technology that the 

9 President determines is used, or is likely to be used, for 

10 military applications. 

11 (b) SANCTIONS DESCRIBED.—The sanctions de12 scribed in this subsection are, with respect to a person 

13 described in subsection (a), the following: 

14 (1) FOREIGN EXCHANGE.—Prohibiting any 

15 transactions in foreign exchange that are subject to 

16 the jurisdiction of the United States and in which 

17 that person has any interest. 

18 (2) BANKING TRANSACTIONS.—Prohibiting any 

19 transfers of credit or payments between financial in20 stitutions or by, through, or to any financial institu21 tion, to the extent that such transfers or payments 

22 are subject to the jurisdiction of the United States 

23 and involve any interest of that person. 

24 (3) PROPERTY TRANSACTIONS.—Prohibiting 

25 any person from— 


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1 (A) acquiring, holding, withholding, using, 

2 transferring, withdrawing, transporting, import3 ing, or exporting any property that is subject to 

4 the jurisdiction of the United States and with 

5 respect to which the person described in sub6 section (a) has any interest; 

7 (B) dealing in or exercising any right, 

8 power, or privilege with respect to such prop9 erty; or 

10 (C) conducting any transaction involving 

11 such property. 

12 (4) LOAN GUARANTEES.—Prohibiting the head 

13 of any Federal agency from providing a loan guar14 antee to that person. 

15 (c) RESTRICTIONS ON EXPORT LICENSES FOR NU16 CLEAR COOPERATION AND CERTAIN LOAN GUARAN17 TEES.—Before issuing a license for the exportation of any 

18 article pursuant to an agreement for cooperation under 

19 section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 

20 2153) or approving a loan guarantee or any other assist21 ance provided by the United States Government with re22 spect to a nuclear energy project, the Secretary of Energy, 

23 the Secretary of Commerce, and the Nuclear Regulatory 

24 Commission shall certify to Congress that issuing the li25 cense or approving the loan guarantee or other assistance 


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1 (as the case may be) will not permit the transfer of any 

2 good or technology described in subsection (a) to Iran, 

3 North Korea, or Syria. 

4 SEC. 11. DEFINITIONS. 

5 In this title: 

6 (1) ADHERENT TO RELEVANT NONPROLIFERA7 TION REGIME.—A government is an ‘‘adherent’’ to a 

8 ‘‘relevant nonproliferation regime’’ if such govern9 ment— 

10 (A) is a member of the Nuclear Suppliers 

11 Group with respect to a transfer of goods, serv12 ices, or technology described in section 

13 3(a)(1)(A)(i); 

14 (B) is a member of the Missile Technology 

15 Control Regime with respect to a transfer of 

16 goods, services, or technology described in sec17 tion 3(a)(1)(A)(ii), or is a party to a binding 

18 international agreement with the United States 

19 that was in effect on January 1, 1999, to con20 trol the transfer of such goods, services, or 

21 technology in accordance with the criteria and 

22 standards set forth in the Missile Technology 

23 Control Regime; 


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1 (C) is a member of the Australia Group 

2 with respect to a transfer of goods, services, or 

3 technology described in section 3(a)(1)(A)(iii); 

4 (D) is a party to the Convention on the 

5 Prohibition of the Development, Production, 

6 Stockpiling and Use of Chemical Weapons and 

7 on Their Destruction with respect to a transfer 

8 of goods, services, or technology described in 

9 section 3(a)(1)(A)(iv); or 

10 (E) is a member of the Wassenaar Ar11 rangement with respect to a transfer of goods, 

12 services, or technology described in section 

13 3(a)(1)(A)(v). 

14 (2) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means the Committee on Foreign Affairs of 

17 the House of Representatives and the Committee on 

18 Foreign Relations and the Committee on Banking, 

19 Housing, and Urban Affairs of the Senate. 

20 (3) EXTRAORDINARY PAYMENTS IN CONNEC21 TION WITH THE INTERNATIONAL SPACE STATION.— 

22 The term ‘‘extraordinary payments in connection 

23 with the International Space Station’’ means pay24 ments in cash or in kind made or to be made by the 

25 United States Government— 


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1 (A) for work on the International Space 

2 Station which the Government of the Russian 

3 Federation pledged at any time to provide at its 

4 expense, or 

5 (B) for work on the International Space 

6 Station, or for the purchase of goods or services 

7 relating to human space flight, that are not re8 quired to be made under the terms of a con9 tract or other agreement that was in effect on 

10 January 1, 1999, as such terms were in effect 

11 on such date, 

12 except that such term does not mean payments in 

13 cash or in kind made or to be made by the United 

14 States Government before July 1, 2016, for work to 

15 be performed or services to be rendered before such 

16 date necessary to meet United States obligations 

17 under the Agreement Concerning Cooperation on the 

18 Civil International Space Station, with annex, signed 

19 at Washington January 29, 1998, and entered into 

20 force March 27, 2001, or any protocol, agreement, 

21 memorandum of understanding, or contract related 

22 thereto. 

23 (4) FOREIGN PERSON.—The term ‘‘foreign per24 son’’ means— 

25 (A) a natural person who is an alien; 


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1 (B) a corporation, business association, 

2 partnership, society, trust, or any other non3 governmental entity, organization, or group, 

4 successor, subunit, or subsidiary organized 

5 under the laws of a foreign country or that has 

6 its principal place of business in a foreign coun7 try; and 

8 (C) any foreign government, including any 

9 foreign governmental entity. 

10 (5) KNOWINGLY.—The term ‘‘knowingly’’, with 

11 respect to conduct, a circumstance, or a result, 

12 means that a person has actual knowledge, or should 

13 have known, of the conduct, the circumstance, or the 

14 result of such conduct, circumstance, or result. 

15 (6) ORGANIZATION OR ENTITY UNDER THE JU16 RISDICTION OR CONTROL OF THE RUSSIAN AVIATION

17 AND SPACE AGENCY.— 

18 (A) DEFINITION.—The term ‘‘organization 

19 or entity under the jurisdiction or control of the 

20 Russian Aviation and Space Agency’’ means an 

21 organization or entity that— 

22 (i) was made part of the Russian 

23 Space Agency upon its establishment on 

24 February 25, 1992; 


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1 (ii) was transferred to the Russian 

2 Space Agency by decree of the Government 

3 of the Russian Federation on July 25, 

4 1994, or May 12, 1998; 

5 (iii) was or is transferred to the Rus6 sian Aviation and Space Agency or Rus7 sian Space Agency by decree of the Gov8 ernment of the Russian Federation at any 

9 other time before, on, or after March 14, 

10 2000; or 

11 (iv) is a joint stock company in which 

12 the Russian Aviation and Space Agency or 

13 Russian Space Agency has at any time 

14 held controlling interest. 

15 (B) EXTENSION.—Any organization or en16 tity described in subparagraph (A) shall be 

17 deemed to be under the jurisdiction or control 

18 of the Russian Aviation and Space Agency re19 gardless of whether— 

20 (i) such organization or entity, after 

21 being part of or transferred to the Russian 

22 Aviation and Space Agency or Russian 

23 Space Agency, is removed from or trans24 ferred out of the Russian Aviation and 

25 Space Agency or Russian Space Agency; or 


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1 (ii) the Russian Aviation and Space 

2 Agency or Russian Space Agency, after 

3 holding a controlling interest in such orga4 nization or entity, divests its controlling in5 terest. 

6 (7) SUBSIDIARY.—The term ‘‘subsidiary’’ 

7 means an entity (including a partnership, associa8 tion, trust, joint venture, corporation, or other orga9 nization) of a parent company that controls, directly 

10 or indirectly, the other entity. 

11 (8) TRANSFER OR TRANSFERRED.—The term 

12 ‘‘transfer’’ or ‘‘transferred’’, with respect to a good, 

13 service, or technology, includes— 

14 (A) the conveyance of technological or in15 tellectual property; and 

16 (B) the conversion of technological or intel17 lectual advances into marketable goods, serv18 ices, or technology of value that is developed 

19 and generated in one location and transferred 

20 to another location through illegal or illicit 

21 means. 

22 (9) UNITED STATES PERSON.—The term 

23 ‘‘United States person’’ means— 

24 (A) a natural person who is a citizen or 

25 resident of the United States; or 


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1 (B) an entity that is organized under the 

2 laws of the United States or any State or terri3 tory thereof. 

4 (10) VESSEL.—The term ‘‘vessel’’ has the 

5 meaning given such term in section 1081 of title 18, 

6 United States Code. Such term also includes air7 craft, regardless of whether or not the type of air8 craft at issue is described in such section. 

9 SEC. 12. REPEAL OF IRAN, NORTH KOREA, AND SYRIA NON10 PROLIFERATION ACT. 

11 (a) REPEAL.—The Iran, North Korea, and Syria 

12 Nonproliferation Act (50 U.S.C. 1701 note) is repealed. 

13 (b) RULE OF CONSTRUCTION.—The repeal of the 

14 Iran, North Korea, and Syria Nonproliferation Act under 

15 subsection (a) shall not be construed to have the effect 

16 to release or extinguish any sanction or other penalty 

17 under such Act in effect on the day before the date of 

18 the enactment of this Act and such Act shall be treated 

19 as still remaining in force for the purpose of sustaining 

20 any proper action or prosecution for the enforcement of 

21 such sanction or other penalty. 

22 (c) REFERENCES.—Any reference in a law, regula23 tion, document, or other record of the United States to 


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1 the Iran, North Korea, and Syria Nonproliferation Act 

2 shall be deemed to be a reference to this Act. 

Æ 


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