II
Calendar No. 375
106TH CONGRESS
1ST SESSION
H. R. 1883
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 15, 1999
Received
NOVEMBER 2, 1999
Read the first time
NOVEMBER 3, 1999
Read the second time and placed on the calendar
AN ACT
To provide for the application of measures to foreign persons
who transfer to Iran certain goods, services, or tech-
nology, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Iran Nonproliferation
Act of 1999’’.
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 Guide-
lines for the Export of Nuclear Material, Equip-
ment and Technology (published by the Inter-
national Atomic Energy Agency as Information
Circular INFCIRC/254/Rev.3/Part 1, and sub-
sequent revisions) and Guidelines for Transfers
of Nuclear-Related Dual-Use Equipment, Mate-
rial, and Related Technology (published by the
International Atomic Energy Agency as Infor-
mation 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;
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(C) the lists of items and substances relat-
ing to biological and chemical weapons the ex-
port 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, Produc-
tion, Stockpiling and Use of Chemical Weapons
and on Their Destruction; or
(E) the Wassenaar Arrangement list of
Dual Use Goods and Technologies and Muni-
tions list of July 12, 1996, and subsequent revi-
sions; or
(2) goods, services, or technology not listed on
any list identified in paragraph (1) but which never-
theless would be, if they were United States goods,
services, or technology, prohibited for export to Iran
because of their potential to make a material con-
tribution to the development of nuclear, biological, or
chemical weapons, or of ballistic or cruise missile
systems.
(b) TIMING OF REPORTS.—The reports under sub-
section (a) shall be submitted not later than 90 days after
the date of the enactment of this Act, not later than 6
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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 sub-
mitted under subsection (a) on account of a par-
ticular 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 sec-
tion, 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 sec-
tions 4 and 5, the President is authorized to apply with
respect to each foreign person identified in a report sub-
mitted pursuant to section 2(a), for such period of time
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as he may determine, any or all of the measures described
in subsection (b).
(b) DESCRIPTION OF MEASURES.—The measures re-
ferred to in subsections (a) are the following:
(1) EXECUTIVE
ORDER
NO. 12938
PROHIBI-
TIONS.—The measures set forth in subsections (b)
and (c) of section 4 of Executive Order No. 12938
shall be applied with respect to that person.
(2) ARMS EXPORT PROHIBITION.—The United
States Government shall not sell to that foreign per-
son any item on the United States Munitions List
as in effect on August 8, 1995, and shall terminate
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.—The
President shall deny licenses and suspend existing li-
censes for the transfer to that person of items the
export of which is controlled under the Export Ad-
ministration Act of 1979 or the Export Administra-
tion Regulations.
(c) EFFECTIVE DATE OF MEASURES.—Measures ap-
plied pursuant to subsection (a) shall be effective with re-
spect to a foreign person no later than—
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(1) 90 days after the report identifying the for-
eign 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 identi-
fying 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 sub-
mitted more than 60 days after the date required by
section 2(b).
(d) PUBLICATION IN FEDERAL REGISTER.—The ap-
plication of measures to a foreign person pursuant to sub-
section (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.
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(b) WRITTEN JUSTIFICATION.—Any notification sub-
mitted 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 justifica-
tion 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 Rela-
tions of the Senate that the President has determined, on
the basis of information provided by that person, or other-
wise 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
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that person to be identified in a report submitted
pursuant to section 2(a);
(2) the goods, services, or technology the trans-
fer 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 nu-
clear, biological, or chemical weapons, or ballistic or
cruise missile systems;
(3) the person is subject to the primary juris-
diction of a government that is an adherent to one
or more relevant nonproliferation regimes, the per-
son 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 re-
gimes 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 sec-
tion 2(a).
(b) SUBMISSION IN CLASSIFIED FORM.—When the
President considers it appropriate, the determination and
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report of the President under subsection (a), or appro-
priate 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 STA-
TION.—Notwithstanding any other provision of law, no
agency of the United States Government may make ex-
traordinary payments in connection with the International
Space Station to the Russian Space Agency, any organiza-
tion or entity under the jurisdiction or control of the Rus-
sian Space Agency, or any other organization, entity, or
element of the Government of the Russian Federation, un-
less, during the fiscal year in which the extraordinary pay-
ments in connection with the International Space Station
are to be made, the President has made the determination
described in subsection (b), and reported such determina-
tion to the Committee on International Relations and the
Committee on Science of the House of Representatives
and the Committee on Foreign Relations and the Com-
mittee on Commerce, Science, and Transportation of the
Senate.
(b) DETERMINATION
REGARDING
RUSSIAN
CO-
OPERATION IN PREVENTING PROLIFERATION TO IRAN.—
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The determination referred to in subsection (a) is a deter-
mination 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 sys-
tems 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 gov-
ernment) has demonstrated and continues to dem-
onstrate through the implementation of concrete
steps a sustained commitment to seek out and pre-
vent 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, in-
cluding through the imposition of meaningful pen-
alties on persons who make such transfers; and
(3) neither the Russian Space Agency, nor any
organization or entity under the jurisdiction or con-
trol of the Russian 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
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transfers with respect to which a determination pur-
suant to section 5 has been or will be made).
(c) PRIOR NOTIFICATION.—Not less than 5 days be-
fore making a determination under subsection (b), the
President shall notify the Committee on International Re-
lations and the Committee on Science of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Commerce, Science, and Transpor-
tation of the Senate of his intention to make such deter-
mination.
(d) WRITTEN JUSTIFICATION.—A determination of
the President under subsection (b) shall include a written
justification describing in detail the facts and cir-
cumstances 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 Space Agency or any or-
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ganization or entity under the jurisdiction or control
of the Russian 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 Inter-
national Space Station.
(2) REPORT.—Not later than 30 days after no-
tifying Congress that the National Aeronautics and
Space Administration will make extraordinary pay-
ments under paragraph (1), the President shall sub-
mit 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 Aero-
nautics 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 extraor-
dinary 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
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to individuals aboard the International
Space Station.
(g) SERVICE MODULE EXCEPTION.—(1) The Na-
tional Aeronautics and Space Administration may make
extraordinary payments that would otherwise be prohib-
ited under this section to the Russian Space Agency, any
organization or entity under the jurisdiction or control of
the Russian Space Agency, or any subcontractor thereof
for the construction, testing, preparation, delivery, launch,
or maintenance of the Service 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 information
of any activity that would require such a report; and
(C) the United States will receive goods or serv-
ices of value to the United States commensurate
with the value of the extraordinary payments made.
(2) For purposes of this subsection, the term ‘‘main-
tenance’’ 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
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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
CONNEC-
TION WITH THE INTERNATIONAL SPACE STATION.—
The term ‘‘extraordinary payments in connection
with the International Space Station’’ means pay-
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ments 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 re-
quired to be made under the terms of a con-
tract 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 non-
governmental 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 oper-
ating as a business enterprise; and
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(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 NONPROLIFERA-
TION 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, serv-
ices, 
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 sec-
tion 2(a)(1)(B), or is a party to a binding inter-
national 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 Re-
gime;
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(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 Ar-
rangement with respect to a transfer of goods,
services, or technology described in section
2(a)(1)(E).
(5) ORGANIZATION OR ENTITY UNDER THE JU-
RISDICTION OR CONTROL OF THE RUSSIAN SPACE
AGENCY.—(A) The term ‘‘organization or entity
under the jurisdiction or control of the Russian
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;