[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1883 Engrossed in House (EH)]
1st Session
H. R. 1883
_______________________________________________________________________
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.
106th CONGRESS
1st Session
H. R. 1883
_______________________________________________________________________
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 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 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
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, 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, 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
subsections (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 shall be applied with respect to that person.
(2) Arms export prohibition.--The United States Government
shall not sell to that foreign person 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 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).
(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) 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 Space Agency, any organization or entity under the jurisdiction
or control 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
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 Preventing
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 through the implementation of concrete
steps 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, including through the imposition of meaningful
penalties on persons who make such transfers; and
(3) neither the Russian Space Agency, nor any organization
or entity under the jurisdiction or control 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
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 Space
Agency or any organization 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 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 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 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).
(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 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 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
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 Space Agency regardless 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 holding a
controlling interest in such organization or entity,
divests its controlling interest.
Passed the House of Representatives September 14, 1999.
Attest:
Clerk.