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 sub-
sequent revisions) and Guidelines for Transfers of Nuclear-
Related Dual-Use Equipment, Material, and Related Tech-
nology (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, prohib-
ited 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 signifi-
cant, or different in nature than previously reported under this
section.
(d) SUBMISSION IN CLASSIFIED FORM.—When the President con-
siders 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 meas-
ures 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 Regu-
lations.
(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 per-
son 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 Rela-
tions 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 con-
siders it appropriate, the notification of the President under sub-
section (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 SEC-
TIONS 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, know-
ingly 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 pursu-
ant 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 per-
son 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 pursu-
ant to section 2(a), or the government with primary jurisdiction
over such person, in order to afford such person, or govern-
ments, 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, estab-
lishes that the exercise of such authority is warranted.
(c) SUBMISSION IN CLASSIFIED FORM.—When the President con-
siders 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 Inter-
national 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 Inter-
national 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 Federa-
tion 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 deter-
mination.
(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 con-
siders it appropriate, a determination of the President under sub-
section (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 Avia-
tion 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 Con-
gress 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 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 Inter-
national 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, prepara-
tion, 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 Androgy-
nous 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 Aero-
nautics 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 pay-
ments 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 accord-
ance 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 con-
trol 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.