[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1713 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
October 26, 2005.
Resolved, That the bill from the Senate (S. 1713) entitled ``An Act to make
amendments to the Iran Nonproliferation Act of 2000 related to International
Space Station payments'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nonproliferation Amendments Act
of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Director of Central Intelligence's most recent
Unclassified Report to Congress on the Acquisition of
Technology Relating to Weapons of Mass Destruction and Advanced
Conventional Munitions, 1 July Through 31 December 2003, states
``Russian entities during the reporting period continued to
supply a variety of ballistic missile-related goods and
technical know-how to countries such as Iran, India, and China.
Iran's earlier success in gaining technology and materials from
Russian entities helped accelerate Iranian development of the
Shahab-3 MRBM, and continuing Russian entity assistance has
supported Iranian efforts to develop new missiles and increase
Tehran's self-sufficiency in missile production.''
(2) Vice Admiral Lowell E. Jacoby, the Director of the
Defense Intelligence Agency, stated in testimony before the
Select Committee on Intelligence of the Senate on February 16,
2005, that ``Tehran probably will have the ability to produce
nuclear weapons early in the next decade''.
(3) Iran has--
(A) failed to act in accordance with the Agreement
Between Iran and the International Atomic Energy Agency
for the Application of Safeguards in Connection with
the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Vienna June 19, 1973 (commonly referred to as
the ``Safeguards Agreement'');
(B) acted in a manner inconsistent with the
Protocol Additional to the Agreement Between Iran and
the International Atomic Energy Agency for the
Application of Safeguards, signed at Vienna December
18, 2003 (commonly referred to as the ``Additional
Protocol'');
(C) acted in a manner inconsistent with its
obligations under the Treaty on the Non-Proliferation
of Nuclear Weapons, done at Washington, London, and
Moscow July 1, 1968, and entered into force March 5,
1970 (commonly referred to as the ``Nuclear Non-
Proliferation Treaty''); and
(D) resumed uranium conversion activities, thus
ending the confidence building measures it adopted in
its November 2003 agreement with the foreign ministers
of the United Kingdom, France, and Germany.
(4) On September 24, 2005, the Board of Governors of the
International Atomic Energy Agency (IAEA) formally declared
that Iranian actions constituted noncompliance with its nuclear
safeguards obligations, and that Iran's history of concealment
of its nuclear activities has given rise to questions that are
within the purview of the United Nations Security Council.
(5) The executive branch has on multiple occasions used the
authority provided under section 3 of the Iran Nonproliferation
Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) to impose
sanctions on entities that have engaged in activities in
violation of restrictions in the Act relating to--
(A) the export of equipment and technology
controlled under multilateral export control lists,
including under the Australia Group, Chemical Weapons
Convention, Missile Technology Control Regime, Nuclear
Suppliers Group, and the Wassenaar Arrangement or
otherwise having the potential to make a material
contribution to the development of weapons of mass
destruction or cruise or ballistic missile systems to
Iran; and
(B) the export of other items to Iran with the
potential of making a material contribution to Iran's
weapons of mass destruction programs or on United
States national control lists for reasons related to
the proliferation of weapons of mass destruction or
missiles.
(6) The executive branch has never made a determination
pursuant to section 6(b) of the Iran Nonproliferation Act of
2000 that--
(A) 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;
(B) 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
(C) no entity under the jurisdiction or control of
the Government of the Russian Federation, has, during
the 1-year period prior to the date of the
determination pursuant to section 6(b) of such Act,
made transfers to Iran reportable under section 2(a) of
the Act.
(7) On June 29, 2005, President George W. Bush issued
Executive Order 13382 blocking property of weapons of mass
destruction proliferators and their supporters, and used the
authority of such order against 4 Iranian entities, Aerospace
Industries Organization, Shahid Hemmat Industrial Group, Shahid
Bakeri Industrial Group, and the Atomic Energy Organization of
Iran, that have engaged, or attempted to engage, in activities
or transactions that have materially contributed to, or pose a
risk of materially contributing to, the proliferation of
weapons of mass destruction or their means of delivery
(including missiles capable of delivering such weapons),
including efforts to manufacture, acquire, possess, develop,
transport, transfer, or use such items.
SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000 RELATED TO
INTERNATIONAL SPACE STATION PAYMENTS.
(a) Treatment of Certain Payments.--Section 7(1)(B) of the Iran
Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note)
is amended--
(1) by striking the period at the end and inserting a
comma; and
(2) by adding at the end the following:
``except that such term does not mean payments in cash or in
kind made or to be made by the United States Government prior
to January 1, 2012, for work to be performed or services to be
rendered prior to that date necessary to meet United States
obligations under the Agreement Concerning Cooperation on the
Civil International Space Station, with annex, signed at
Washington January 29, 1998, and entered into force March 27,
2001, or any protocol, agreement, memorandum of understanding,
or contract related thereto.''.
(b) Exception.--Section 6(h) of the Iran Nonproliferation Act of
2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by inserting
after ``extraordinary payments in connection with the International
Space Station'' the following: ``, or any other payments in connection
with the International Space Station,''.
(c) Reporting Requirements.--Section 6 of the Iran Nonproliferation
Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by
adding at the end the following new subsection:
``(i) Report on Certain Payments Related to International Space
Station.--
``(1) In general.--The President shall, together with each
report submitted under section 2(a), submit to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives a
report that identifies each Russian entity or person to whom
the United States Government has, since the date of the
enactment of the Iran Nonproliferation Amendments Act of 2005,
made a payment in cash or in kind for work to be performed or
services to be rendered under the Agreement Concerning
Cooperation on the Civil International Space Station, with
annex, signed at Washington January 29, 1998, and entered into
force March 27, 2001, or any protocol, agreement, memorandum of
understanding, or contract related thereto.
``(2) Content.--Each report submitted under paragraph (1)
shall include--
``(A) the specific purpose of each payment made to
each entity or person identified in the report; and
``(B) with respect to each such payment, the
assessment of the President that the payment was not
prejudicial to the achievement of the objectives of the
United States Government to prevent the proliferation
of ballistic or cruise missile systems in Iran and
other countries that have repeatedly provided support
for acts of international terrorism, as determined by
the Secretary of State under section 620A(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
section 6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)), or section 40(d) of the Arms
Export Control Act (22 U.S.C. 2780(d)).''.
SEC. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000 TO MAKE
SUCH ACT APPLICABLE TO IRAN AND SYRIA.
(a) Reports on Proliferation Relating to Iran or Syria.--Section 2
of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C.
1701 note) is amended--
(1) in the heading, by striking ``to iran'' and inserting
``relating to iran and syria''; and
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``or acquired from'' after
``transferred to''; and
(ii) by inserting after ``Iran'' the
following: ``, or on or after January 1, 2005,
transferred to or acquired from Syria''; and
(B) in paragraph (2), by inserting after ``Iran''
the following: ``or Syria, as the case may be,''.
(b) Determination Exempting Foreign Persons From Certain
Measures.--Section 5(a) of the Iran Nonproliferation Act of 2000
(Public Law 106-178; 50 U.S.C. 1701 note) is amended--
(1) in paragraph (1), by striking ``transfer to Iran'' and
inserting ``transfer to or acquire from Iran or Syria, as the
case may be,''; and
(2) in paragraph (2), by striking ``Iran's efforts'' and
inserting ``the efforts of Iran or Syria, as the case may
be,''.
(c) Restriction on Extraordinary Payments in Connection With the
International Space Station.--Section 6(b) of the Iran Nonproliferation
Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended--
(1) in the heading, by striking ``to Iran'' and inserting
``Relating to Iran and Syria'';
(2) in paragraphs (1) and (2), by striking ``to Iran'' each
place it appears and inserting ``to or from Iran and Syria'';
and
(3) in paragraph (3), by striking ``to Iran'' and inserting
``to or from Iran or Syria''.
(d) Definitions.--Section 7(2) of the Iran Nonproliferation Act of
2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended--
(1) in subparagraph (C) to read as follows:
``(C) any foreign government, including any foreign
governmental entity; and''; and
(2) in subparagraph (D), by striking ``subparagraph (B) or
(C)'' and inserting ``subparagraph (A), (B), or (C), including
any entity in which any entity described in any such
subparagraph owns a controlling interest''.
(e) Short Title.--
(1) Amendment.--Section 1 of the Iran Nonproliferation Act
of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by
striking ``Iran Nonproliferation Act of 2000'' and inserting
``Iran and Syria Nonproliferation Act''.
(2) References.--Any reference in a law, regulation,
document, or other record of the United States to the Iran
Nonproliferation Act of 2000 shall be deemed to be a reference
to the Iran and Syria Nonproliferation Act.
Amend the title so as to read ``An Act to make amendments
to the Iran Nonproliferation Act of 2000 related to
International Space Station payments, and for other
purposes.''.
Attest:
Clerk.
109th CONGRESS
1st Session
S. 1713
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AMENDMENTS