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 NuclearRelated 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,
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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).
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(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—
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(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 PRE- VENTING 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
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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;
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(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).
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(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
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(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.