I
106TH CONGRESS
1ST SESSION
H. R. 1883
To provide for the application of measures to foreign persons who transfer
to Iran certain goods, services, or technology, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 20, 1999
Mr. GILMAN (for himself, Mr. GEJDENSON, Mr. SENSENBRENNER, and Mr.
BERMAN) introduced the following bill; which was referred to the Com-
mittee on International Relations, and in addition to the Committee on
Science, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
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,
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 22, 1998, 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
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);
(B) the Missile Technology Control Regime
Equipment and Technology Annex;
(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 list of items and substances the ex-
port of which is controlled pursuant to the Con-
vention 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 Muni-
tions list; 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 contribution to the devel-
opment of nuclear, biological, or chemical weapons,
or of ballistic missile systems.
(b) TIMING OF REPORTS.—The reports under sub-
section (a) shall be submitted not later than 30 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 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
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 12938 PROHIBITIONS.—
The measures set forth in subsections (b) and (c) of
section 4 of Executive Order 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 au-
thorities of section 6 of the Export Administration
Act of 1979 shall be used to prohibit the export to
that person of any goods or technology on the con-
trol list established under section 5(c)(1) of that
Act.
(c) EFFECTIVE DATE OF MEASURES.—Measures ap-
plied pursuant to subsection (a) shall be effective with re-
spect to a foreign person—
(1) 30 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) 30 days after the date required by section
2(b) for submitting the report, if the report identi-
fying the foreign person is submitted within 30 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 30 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.
(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 determines
and reports to the Committee on International Relations
of the House of Representatives and the Committee on
Foreign Relations of the Senate that, on the basis of infor-
mation provided by that person, or otherwise obtained by
the President, the President is persuaded that—
(1) the person did not, on or after January 22,
1998, 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); or
(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
missile systems.
(b) WRITTEN JUSTIFICATION.—Any determination
and report of the President under subsection (a) shall in-
clude a written justification describing in detail—
(1) the credible information indicating that the
person, on or after January 22, 1998, transferred to
Iran 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 additional information which persuaded
the President that the person did not, on or after
January 22, 1998, knowingly transfer to Iran goods,
services, or technology the apparent transfer of
which caused that person to be identified in a report
submitted pursuant to section 2(a); and
(3) the analysis of the information supporting
the President’s conclusion.
(c) SUBMISSION IN CLASSIFIED FORM.—When the
President considers it appropriate, the determination and
report of the President under subsection (a), and the writ-
ten justification under subsection (b), 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 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 of the Russian 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 con-
nection 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 Com-
mittee on Foreign Relations and the Committee on Com-
merce, 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
tation of the Senate of his intention to make such deter-
mination.
(d) WRITTEN JUSTIFICATION.—A determination of
the President under subsection (b) and a prior notification
under subsection (c) shall include a written justification
describing in detail the facts and circumstances sup-
porting 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.
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 or subsidiary of any en-
tity described in subparagraph (B) or (C).
(3) EXECUTIVE ORDER 12938.—The term ‘‘Ex-
ecutive Order 12938’’ means Executive Order 12938
as in effect on January 1, 1999.
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