(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
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
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.—
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
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-
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
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
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-
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
(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;
(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;
(iii) was or is transferred to the Russian
Space Agency by decree of the Russian Govern-
ment 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 Space Agency has at any time held
controlling interest.
(B) Any organization or entity described in subpara-
graph (A) shall be deemed to be under the jurisdic-
tion or control of the Russian Space Agency regard-
less of whether—
(i) such organization or entity, after being
part of or transferred to the Russian Space
Agency, is removed from or transferred out of
the Russian Space Agency; or
(ii) the Russian Space Agency, after hold-
ing a controlling interest in such organization
or entity, divests its controlling interest.
Passed the House of Representatives September 14,
1999.
Attest:
Clerk.