[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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