[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1713 Enrolled Bill (ENR)]


        S.1713

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
 To make amendments to the Iran Nonproliferation Act of 2000 related to 
      International Space Station payments, 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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.