[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1713 Engrossed in Senate (ES)]
109th CONGRESS
1st Session
S. 1713
_______________________________________________________________________
AN ACT
To make amendments to the Iran Nonproliferation Act of 2000 related to
International Space Station payments.
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 enrichment 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) 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.
(5) 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.
(6) 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 by inserting after ``such date'' 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, to meet the obligations of the
United States 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, to
January 1, 2012''.
(b) Reporting Requirements.--Section 6 of such Act 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 to meet the obligations of
the United States 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)).''.
Passed the Senate September 21, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 1713
_______________________________________________________________________
AN ACT
To make amendments to the Iran Nonproliferation Act of 2000 related to
International Space Station payments.