[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1883 Introduced in House (IH)]
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
Committee 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
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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 22, 1998, 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
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 relating to
biological and chemical weapons the export of which is
controlled by the Australia Group;
(D) the list of items and substances 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; 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
contribution to the development of nuclear, biological, or
chemical weapons, or of ballistic missile systems.
(b) Timing of Reports.--The reports under subsection (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 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 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 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 authorities 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 control list established under section
5(c)(1) of that Act.
(c) Effective Date of Measures.--Measures applied pursuant to
subsection (a) shall be effective with respect to a foreign person--
(1) 30 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) 30 days after the date required by section 2(b) for
submitting the report, if the report identifying 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 submitted more than 30
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 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 information 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 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 missile systems.
(b) Written Justification.--Any determination and report of the
President under subsection (a) shall include 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 written 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 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
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 all
law enforcement, export promotion, export control, and
intelligence agencies of such government) is taking the
necessary steps to prevent the transfer from Russia to Iran of
goods, services, and technology useful in the development of
weapons of mass destruction and missile systems capable of
delivering such weapons; 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 30 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) and a prior notification under subsection (c) 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.
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 or subsidiary of any entity
described in subparagraph (B) or (C).
(3) Executive order 12938.--The term ``Executive Order
12938'' means Executive Order 12938 as in effect on January 1,
1999.
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