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[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.
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