[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2105 Engrossed in House (EH)]

112th CONGRESS
  1st Session
                                H. R. 2105

_______________________________________________________________________

                                 AN ACT


 
   To provide for the application of measures to foreign persons who 
 transfer to Iran, North Korea, and Syria 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Iran, North Korea, 
and Syria Nonproliferation Reform and Modernization Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Statement of policy.
Sec. 3. Reports on proliferation relating to Iran, North Korea, and 
                            Syria.
Sec. 4. Application of measures to certain foreign persons.
Sec. 5. Determination exempting a foreign person from the application 
                            of certain measures.
Sec. 6. Restrictions on nuclear cooperation with countries aiding 
                            proliferation by Iran, North Korea, or 
                            Syria.
Sec. 7. Identification of countries that enable proliferation to or 
                            from Iran, North Korea, or Syria.
Sec. 8. Prohibition on United States assistance to countries assisting 
                            proliferation activities by Iran, North 
                            Korea, or Syria.
Sec. 9. Restriction on extraordinary payments in connection with the 
                            International Space Station.
Sec. 10. Exclusion from the United States of senior officials of 
                            foreign persons who have aided 
                            proliferation relating to Iran.
Sec. 11. Prohibition on certain vessels landing in the United States; 
                            enhanced inspections.
Sec. 12. Sanctions with respect to critical defense resources provided 
                            to or acquired from Iran, North Korea, or 
                            Syria.
Sec. 13. Definitions.
Sec. 14. Repeal of Iran, North Korea, and Syria Nonproliferation Act.

SEC. 2. STATEMENT OF POLICY.

    It shall be the policy of the United States to fully implement and 
enforce sanctions against Iran, North Korea, and Syria for their 
proliferation activities and policies.

SEC. 3. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND 
              SYRIA.

    (a) Reports.--Not later than 90 days after the date of the 
enactment of this Act and every 120 days thereafter, the President 
shall transmit to the appropriate congressional committees a report 
identifying every foreign person with respect to whom there is credible 
information indicating that such person--
            (1) on or after January 1, 1999, transferred to or acquired 
        from Iran, on or after January 1, 2005, transferred to or 
        acquired from Syria, or on or after January 1, 2006, 
        transferred to or acquired from North Korea--
                    (A) goods, services, or technology listed on--
                            (i) 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 subsequent 
                        revisions) 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, 
                        and subsequent revisions);
                            (ii) the Missile Technology Control Regime 
                        Equipment and Technology Annex of June 11, 
                        1996, and subsequent revisions;
                            (iii) the lists of items and substances 
                        relating to biological and chemical weapons the 
                        export of which is controlled by the Australia 
                        Group;
                            (iv) the Schedule One or Schedule Two list 
                        of toxic chemicals and precursors 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
                            (v) the Wassenaar Arrangement list of Dual 
                        Use Goods and Technologies and Munitions list 
                        of July 12, 1996, and subsequent revisions; or
                    (B) goods, services, or technology not listed on 
                any list specified in subparagraph (A) but which 
                nevertheless would be, if such goods, services, or 
                technology were United States goods, services, or 
                technology, prohibited for export to Iran, North Korea, 
                or Syria, as the case may be, because of the potential 
                of such goods, services or technology to make a 
                material contribution to the development of nuclear, 
                biological, or chemical weapons, or of ballistic or 
                cruise missile systems or destabilizing types and 
                amounts of conventional weapons;
            (2) except as provided in subsection (b), on or after the 
        date of the enactment of this Act, acquired materials mined or 
        otherwise extracted within the territory or control of Iran, 
        North Korea, or Syria, as the case may be, for purposes 
        relating to the nuclear, biological, or chemical weapons, or 
        ballistic or cruise missile development programs of Iran, North 
        Korea, or Syria, as the case may be;
            (3) on or after the date of the enactment of this Act, 
        transferred to Iran, Syria, or North Korea goods, services, or 
        technology that could assist efforts to extract or mill uranium 
        ore within the territory or control of Iran, North Korea, or 
        Syria, as the case may be;
            (4) on or after the date of the enactment of this Act, 
        provided to Iran, Syria, or North Korea destabilizing types and 
        amounts of conventional weapons and technical assistance; or
            (5) on or after the date of the enactment of this Act, 
        provided a vessel, insurance or reinsurance, or any other 
        shipping service for the transportation of goods to or from 
        Iran, North Korea, or Syria for purposes relating to the 
        nuclear, biological, or chemical weapons, or ballistic or 
        cruise missile development programs of Iran, North Korea, or 
        Syria, as the case may be.
    (b) Exceptions.--Any foreign person who--
            (1) was identified in a report transmitted in accordance 
        with 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,
shall not 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 at 
issue may have continued, or been larger, more significant, or 
different in nature than previously reported under this section.
    (c) Transmission in Classified Form.--If the President considers it 
appropriate, reports transmitted in accordance with subsection (a), or 
appropriate parts thereof, may be transmitted in classified form.
    (d) Content of Reports.--Each report required under subsection (a) 
shall contain, with respect to each foreign person identified in each 
such report, a brief description of the type and quantity of the goods, 
services, or technology transferred by such person to Iran, North 
Korea, or Syria, the circumstances surrounding such transfer, the 
usefulness to the nuclear, biological, or chemical weapons, or 
ballistic or cruise missile development programs of Iran, North Korea, 
or Syria of such transfer, and the probable awareness or lack thereof 
of the transfer on the part of the government with primary jurisdiction 
over such person.
    (e) Additional Contents of Reports.--Each report under subsection 
(a) shall contain a description, with respect the transfer or 
acquisition of the goods, services, or technology described in such 
subsection, of the actions taken by foreign governments to assist in 
interdicting such transfer or acquisition.
    (f) Expediting Sanctions for Nuclear, Chemical, Biological and 
Missile Proliferation Transfers to Iran.--
            (1) In general.--Notwithstanding the requirement to submit 
        the report under subsection (a), the President shall establish 
        a process to assess information in the possession of the 
        President on an ongoing basis regarding possible transfers to 
        Iran of goods, services, or technology relating to nuclear, 
        chemical, or biological weapons or ballistic missiles in 
        accordance with the requirements of subsection (a).
            (2) Application of sanctions.--Upon a determination of the 
        President that credible information exists that a transfer 
        described in paragraph (1) has occurred, the President shall 
        apply the sanctions to the foreign person that made the 
        transfer in accordance with the requirements of section 4 of 
        this Act.
    (g) Requirement for Plan to Expedite Implementation of Reporting 
and Sanctions.--Not later than 180 days after the date of the enactment 
of this Act, the President shall transmit to the appropriate 
congressional committees a plan, to include any necessary legislation, 
to expedite the implementation of this Act with regard to the reports 
required under subsection (a) and the sanctions under section 4 of this 
Act.

SEC. 4. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.

    (a) Application of Measures.--
            (1) In general.--Subject to section 5, the President shall 
        apply, for a period of not less than two years, the measures 
        specified in subsection (b) with respect to each foreign person 
        identified in a report transmitted under section 3(a).
            (2) Related persons.--Subject to section 5, the President 
        may apply, for a period of not less than two years, the 
        measures specified in subsection (b) with respect to one or 
        more of the following:
                    (A) Each person that is a successor, subunit, or 
                subsidiary of a foreign person referred to in paragraph 
                (1).
                    (B) Each person that owns more than 50 percent of, 
                or controls in fact--
                            (i) a foreign person referred to in 
                        paragraph (1); or
                            (ii) a person described in subparagraph 
                        (A).
    (b) Description of Measures.--The measures referred to in 
subsection (a) are the following:
            (1) Executive order 12938 prohibitions.--The measures 
        specified in the first sentence of subsection (b) and 
        subsections (c) and (d) of section 4 of Executive Order 12938 
        (50 U.S.C. 1701 note; relating to proliferation of weapons of 
        mass destruction) prohibiting any department or agency of the 
        United States Government from procuring, or entering into any 
        contract for the procurement of, any goods or services from any 
        foreign person described in subsection (a) of section 4 of 
        Executive Order 12938.
            (2) Arms export prohibition.--Prohibition on United States 
        Government sales to a person described in subsection (a) of any 
        item on the United States Munitions List and termination of 
        sales to such person of any defense articles, defense services, 
        or design and construction services under the Arms Export 
        Control Act (22 U.S.C. 2751 et seq.).
            (3) Dual use export prohibition.--Denial of licenses and 
        suspension of existing licenses for the transfer to a person 
        described in subsection (a) of items the export of which is 
        controlled under the Export Administration Act of 1979 (50 
        U.S.C. App. 2401 et seq.), as in effect pursuant to the 
        International Emergency Economic Powers Act, or the Export 
        Administration Regulations.
            (4) Investment prohibition.--Prohibition on any investment 
        by a United States person in property, including entities, 
        owned or controlled by a person described in subsection (a).
            (5) Financing prohibition.--Prohibition on any approval, 
        financing, or guarantee by a United States person, wherever 
        located, of a transaction by a person described in subsection 
        (a).
            (6) Financial assistance prohibition.--Denial by the United 
        States Government of any credit, credit guarantees, grants, or 
        other financial assistance by any agency of the United States 
        Government to a person described in subsection (a).
    (c) Effective Date.--Measures applied pursuant to subsection (a) 
shall be effective with respect to a foreign person no later than--
            (1) 90 days after the report identifying the foreign person 
        is submitted, if the report is submitted on or before the date 
        required by section 3(a);
            (2) 90 days after the date required by section 3(a) for 
        submitting the report, if the report identifying the foreign 
        person is submitted within 60 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 60 
        days after the date required by section 3(a).
    (d) Publication in Federal Register.--
            (1) In general.--The Secretary of the Treasury shall 
        publish in the Federal Register notice of the application 
        against a person of measures pursuant to subsection (a).
            (2) Content.--Each notice published in accordance with 
        paragraph (1) shall include the name and address (where known) 
        of each person to which measures have been applied pursuant to 
        subsection (a).

SEC. 5. DETERMINATION EXEMPTING A FOREIGN PERSON FROM THE APPLICATION 
              OF CERTAIN MEASURES.

    (a) In General.--The application of any measure described in 
section 4(b) to a person described in section 4(a) shall cease to be 
effective beginning 15 days after the date on which the President 
determines and certifies to the appropriate congressional committees, 
on the basis of information provided by such person or otherwise 
obtained by the President, that--
            (1) in the case of a transfer or acquisition of goods, 
        services, or technology described in section 3(a)(1)--
                    (A) such person did not, on or after January 1, 
                1999, knowingly transfer to or acquire from Iran, North 
                Korea, or Syria, as the case may be, such goods, 
                services, or technology the apparent transfer of which 
                caused such person to be identified in a report 
                submitted pursuant to section 3(a);
                    (B) the goods, services, or technology the transfer 
                of which caused such person to be identified in a 
                report submitted pursuant to section 3(a) did not 
                contribute to the efforts of Iran, North Korea, or 
                Syria, as the case may be, to develop--
                            (i) nuclear, biological, or chemical 
                        weapons, or ballistic or cruise missile 
                        systems, or weapons listed on the Wassenaar 
                        Arrangement Munitions List of July 12, 1996, or 
                        any subsequent revision of such List; or
                            (ii) destabilizing types or amounts of 
                        conventional weapons or acquire technical 
                        assistance;
                    (C) such person is subject to the primary 
                jurisdiction of a government that is an adherent to one 
                or more relevant nonproliferation regimes, such person 
                was identified in a report submitted pursuant to 
                section 3(a) with respect to a transfer of goods, 
                services, or technology described in section 
                3(a)(1)(A), and such transfer was made in accordance 
                with the guidelines and parameters of all such relevant 
                regimes of which such government is an adherent; or
                    (D) the government with primary jurisdiction over 
                such person has imposed meaningful penalties on such 
                person on account of the transfer of such goods, 
                services, or technology that caused such person to be 
                identified in a report submitted pursuant to section 
                3(a);
            (2) in the case of an acquisition of materials mined or 
        otherwise extracted within the territory of Iran, North Korea, 
        or Syria, as the case may be, described in section 3(a)(2) for 
        purposes relating to the nuclear, biological, or chemical 
        weapons, or ballistic or cruise missile development programs of 
        Iran, North Korea, or Syria, as the case may be, such person 
        did not acquire such materials; or
            (3) in the case of the provision of a vessel, insurance or 
        reinsurance, or another shipping service for the transportation 
        of goods to or from Iran, North Korea, or Syria, as the case 
        may be, described in section 3(a)(3) for purposes relating to 
        the nuclear, biological, or chemical weapons, or ballistic or 
        cruise missile development programs of Iran, North Korea, or 
        Syria, as the case may be, such person did not provide such a 
        vessel or service.
    (b) Opportunity To Provide Information.--Congress urges the 
President--
            (1) in every appropriate case, to contact in a timely 
        fashion each person described in section 3(a), or the 
        government with primary jurisdiction over such person, in order 
        to afford such person, or such government, the opportunity to 
        provide explanatory, exculpatory, or other additional 
        information with respect to the transfer that caused such 
        person to be identified in a report submitted pursuant to 
        section 3(a); and
            (2) to exercise the authority described in subsection (a) 
        in all cases in which information obtained from each person 
        described in section 3(a), or from the government with primary 
        jurisdiction over such person, establishes that the exercise of 
        such authority is warranted.
    (c) Form of Transmission.--
            (1) In general.--Except as provided in paragraph (2), the 
        determination and report of the President under subsection (a) 
        shall be transmitted in unclassified form.
            (2) Exception.--The determination and report of the 
        President under subsection (a) may be transmitted in classified 
        form if the President certifies to the appropriate 
        congressional committees that it is vital to the national 
        security interests of the United States to do so.

SEC. 6. RESTRICTIONS ON NUCLEAR COOPERATION WITH COUNTRIES AIDING 
              PROLIFERATION BY IRAN, NORTH KOREA, OR SYRIA.

    (a) In General.--
            (1) Restrictions.--Notwithstanding any other provision of 
        law, on or after the date of the enactment of this Act--
                    (A) no agreement for cooperation between the United 
                States and the government of any country that is 
                assisting the nuclear program of Iran, North Korea, or 
                Syria, or transferring advanced conventional weapons or 
                missiles to Iran, North Korea, or Syria may be 
                submitted to the President or to Congress pursuant to 
                section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2153),
                    (B) no such agreement may enter into force with 
                respect to such country,
                    (C) no license may be issued for export directly or 
                indirectly to such country of any nuclear material, 
                facilities, components, or other goods, services, or 
                technology that would be subject to such agreement, and
                    (D) no approval may be given for the transfer or 
                retransfer directly or indirectly to such country of 
                any nuclear material, facilities, components, or other 
                goods, services, or technology that would be subject to 
                such agreement,
        until the President makes the determination and report under 
        paragraph (2).
            (2) Determination and report.--The determination and report 
        referred to in paragraph (1) are a determination and report by 
        the President, submitted to the Committee on Foreign Affairs of 
        the House of Representatives and the Committee on Foreign 
        Relations of the Senate, that--
                    (A) Iran, North Korea, or Syria, as the case may, 
                has ceased its efforts to design, develop, or acquire a 
                nuclear explosive device or related materials or 
                technology; or
                    (B) the government of the country that is assisting 
                the nuclear programs of Iran, North Korea, or Syria, as 
                the case may be, or transferring advanced conventional 
                weapons or missiles to Iran, North Korea, or Syria, as 
                the case may be--
                            (i) has suspended all nuclear assistance to 
                        Iran, North Korea, or Syria, as the case may 
                        be, and all transfers of advanced conventional 
                        weapons and missiles to Iran, North Korea, or 
                        Syria, as the case may be; and
                            (ii) is committed to maintaining that 
                        suspension until Iran, North Korea, or Syria, 
                        as the case may be, has implemented measures 
                        that would permit the President to make the 
                        determination described in subparagraph (A).
    (b) Rules of Construction.--The restrictions described in 
subsection (a)(1)--
            (1) shall apply in addition to all other applicable 
        procedures, requirements, and restrictions described in the 
        Atomic Energy Act of 1954 and other applicable Acts;
            (2) shall not be construed as affecting the validity of an 
        agreement for cooperation between the United States and the 
        government of a country that is in effect on the date of the 
        enactment of this Act; and
            (3) shall not be construed as applying to assistance for 
        the Bushehr nuclear reactor, unless such assistance is 
        determined by the President to be contributing to the efforts 
        of Iran to develop nuclear weapons.
    (c) Definitions.--In this section:
            (1) Agreement for cooperation.--The term ``agreement for 
        cooperation'' has the meaning given that term in section 11 b. 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.).
            (2) Assisting the nuclear program of iran, north korea, or 
        syria.--The term ``assisting the nuclear program of Iran, North 
        Korea, or Syria'' means the intentional transfer to Iran, North 
        Korea, or Syria by a government, or by a person subject to the 
        jurisdiction of a government with the knowledge and 
        acquiescence of that government, of goods, services, or 
        technology listed on 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 subsequent 
        revisions), or the Nuclear Suppliers Group Guidelines for 
        Transfers of Nuclear-Related Dual-Use Equipment, Material, and 
        Related Technology (published by the International Atomic 
        Energy Agency as Information Circular INFCIR/254/Rev. 3/Part 2, 
        and subsequent revisions).
            (3) Country that is assisting the nuclear programs of iran, 
        north korea, or syria or transferring advanced conventional 
        weapons or missiles to iran, north korea, or syria.--The term 
        ``country that is assisting the nuclear program of Iran, North 
        Korea, or Syria or transferring advanced conventional weapons 
        or missiles to Iran, North Korea, or Syria'' means any country 
        determined by the President to be assisting the nuclear program 
        of Iran, North Korea, or Syria or transferring advanced 
        conventional weapons or missiles to Iran, North Korea, or 
        Syria.
            (4) Transfer.--The term ``transfer'' means the conveyance 
        of technological or intellectual property, or the conversion of 
        intellectual or technological advances into marketable goods, 
        services, or articles of value, developed and generated in one 
        place, to another through illegal or illicit means to a 
        country, the government of which the Secretary of State has 
        determined, for purposes of section 6(j)(1)(A) of the Export 
        Administration Act of 1979 (as in effect pursuant to the 
        International Emergency Economic Powers Act; 50 U.S.C. 1701 et 
        seq.), section 40(d) of the Arms Export Control Act (22 U.S.C. 
        2780(d)), and section 620A of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2371), is a government that has repeatedly 
        provided support for acts of international terrorism.
            (5) Transferring advanced conventional weapons or missiles 
        to iran, north korea, or syria.--The term ``transferring 
        advanced conventional weapons or missiles to Iran, North Korea, 
        or Syria'' means the intentional transfer to Iran, North Korea, 
        or Syria by a government, or by a person subject to the 
        jurisdiction of a government with the knowledge and 
        acquiescence of that government, of goods, services, or 
        technology listed on--
                    (A) the Wassenaar Arrangement list of Dual Use 
                Goods and Technologies and Munitions list of July 12, 
                1996, and subsequent revisions; or
                    (B) the Missile Technology Control Regime Equipment 
                and Technology Annex of June 11, 1996, and subsequent 
                revisions.

SEC. 7. IDENTIFICATION OF COUNTRIES THAT ENABLE PROLIFERATION TO OR 
              FROM IRAN, NORTH KOREA, OR SYRIA.

    (a) Annual Report.--The President shall transmit to the appropriate 
congressional committees and make available to the public on an annual 
basis a report that identifies each foreign country that allows one or 
more foreign persons under the jurisdiction of such country to engage 
in activities described in section 3 that are sanctionable under 
section 4 despite requests by the United States Government to the 
government of such country to prevent such activities.
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex if 
necessary.

SEC. 8. PROHIBITION ON UNITED STATES ASSISTANCE TO COUNTRIES ASSISTING 
              PROLIFERATION ACTIVITIES BY IRAN, NORTH KOREA, OR SYRIA.

    (a) In General.--The President shall prohibit assistance (other 
than humanitarian assistance) under the Foreign Assistance Act of 1961 
and shall not issue export licenses for defense articles or defense 
services under the Arms Export Control Act to a foreign country the 
government of which the President has received credible information is 
assisting Iran, North Korea, or Syria in the acquisition, development, 
or proliferation of weapons of mass destruction or ballistic missiles.
    (b) Resumption of Assistance.--The President is authorized to 
provide assistance described in subsection (a) to a foreign country 
subject to the prohibition in subsection (a) if the President 
determines and notifies the appropriate congressional committees that 
there is credible information that the government of the country is no 
longer assisting Iran, North Korea, or Syria in the acquisition, 
development, or proliferation of weapons of mass destruction or 
ballistic missiles.
    (c) Definition.--In this section, the term ``assisting'' means 
providing material or financial support of any kind, including 
purchasing of material, technology or equipment from Iran, North Korea, 
or Syria.

SEC. 9. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE 
              INTERNATIONAL SPACE STATION.

    (a) Restriction.--
            (1) In general.--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 Aviation and Space Agency, any 
        organization or entity under the jurisdiction or control of the 
        Russian Aviation and Space Agency, or any other organization, 
        entity, or element of the Government of the Russian Federation, 
        unless, during the fiscal year in which such extraordinary 
        payments are to be made, the President has made the 
        determination described in subsection (b), and reported such 
        determination to the Committee on Foreign Affairs and the 
        Committee on Science, Space, and Technology of the House of 
        Representatives and the Committee on Foreign Relations and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
            (2) Waiver.--If the President is unable to make the 
        determination described in subsection (b) with respect to a 
        fiscal year in which extraordinary payments in connection with 
        the International Space Station are to be made, the President 
        is authorized to waive the application of paragraph (1) on a 
        case-by-case basis with respect to the fiscal year if not less 
        than 15 days prior to the date on which the waiver is to take 
        effect the President submits to the appropriate congressional 
        committees a report that contains--
                    (A) the reasons why the determination described in 
                subsection (b) cannot be made;
                    (B) the amount of the extraordinary payment to be 
                made under the waiver;
                    (C) the steps being undertaken by the United States 
                to ensure compliance by the Russian Federation with the 
                conditions described in subsection (b); and
                    (D) a determination of the President that the 
                waiver is vital to the national interests of the United 
                States.
    (b) Determination Regarding Russian Cooperation in Preventing 
Proliferation Relating to Iran, North Korea, and Syria.--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 (including the law enforcement, export promotion, 
        export control, and intelligence agencies of such Government) 
        to oppose the proliferation to or from Iran, North Korea, and 
        Syria of weapons of mass destruction and missile systems 
        capable of delivering such weapons;
            (2) 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 or from Iran, North Korea, and Syria of 
        goods, services, and technology that could make a material 
        contribution to the nuclear, biological, or chemical weapons, 
        or of ballistic or cruise missile systems development programs 
        of Iran; and
            (3) neither the Russian Aviation and Space Agency, nor any 
        organization or entity under the jurisdiction or control of the 
        Russian Aviation and Space Agency, has, during the one-year 
        period ending on the date of the determination under this 
        subsection made transfers to or from Iran, North Korea, or 
        Syria reportable under section 3(a) (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 five days before making a 
determination under this section, the President shall notify the 
Committee on Foreign Affairs and the Committee on Science, Space, and 
Technology of the House of Representatives and the Committee on Foreign 
Relations and the Committee on Commerce, Science, and Transportation of 
the Senate of the President's intention to make such a determination.
    (d) Written Justification.--A determination of the President under 
this section shall include a written justification describing in detail 
the facts and circumstances supporting the President's conclusion.
    (e) Transmission in Classified Form.--If the President considers it 
appropriate, a determination of the President under this section, a 
prior notification under subsection (c), and a written justification 
under subsection (d), or appropriate parts thereof, may be transmitted 
in classified form.
    (f) Exception for Crew Safety.--
            (1) Exception.--The National Aeronautics and Space 
        Administration may make extraordinary payments in connection 
        with the International Space Station to the Russian Aviation 
        and Space Agency or any organization or entity under the 
        jurisdiction or control of the Russian Aviation and Space 
        Agency, or any subcontractor thereof, that would otherwise be 
        prohibited under this section if the President notifies 
        Congress in writing that such payments are necessary to prevent 
        the imminent loss of life of or grievous injury to individuals 
        aboard the International Space Station.
            (2) Report.--Not later than 30 days after notifying 
        Congress that the National Aeronautics and Space Administration 
        will make extraordinary payments under paragraph (1), the 
        President shall transmit to Congress a report describing--
                    (A) the extent to which the provisions of 
                subsection (b) had been met as of the date of 
                notification; and
                    (B) the measures that the National Aeronautics and 
                Space Administration is taking to ensure that--
                            (i) the conditions posing a threat of 
                        imminent loss of life of or grievous injury to 
                        individuals aboard the International Space 
                        Station necessitating the extraordinary 
                        payments are not repeated; and
                            (ii) it is no longer necessary to make 
                        extraordinary payments in order to prevent 
                        imminent loss of life of or grievous injury to 
                        individuals aboard the International Space 
                        Station.
    (g) Service Module Exception.--
            (1) In general.--The National Aeronautics and Space 
        Administration may make extraordinary payments in connection 
        with the International Space Station to the Russian Aviation 
        and Space Agency, any organization or entity under the 
        jurisdiction or control of the Russian Aviation and Space 
        Agency, or any subcontractor thereof, that would otherwise be 
        prohibited under this section for the construction, testing, 
        preparation, delivery, launch, or maintenance of the Service 
        Module, and for the purchase (at a total cost not to exceed 
        $14,000,000) of the pressure dome for the Interim Control 
        Module and the Androgynous Peripheral Docking Adapter and 
        related hardware for the United States propulsion module, if--
                    (A) the President has notified Congress at least 
                five days before making such payments;
                    (B) no report has been made under section 3(a) with 
                respect to an activity of the entity to receive such 
                payment, and the President has no credible information 
                of any activity that would require such a report; and
                    (C) the United States will receive goods or 
                services of value to the United States commensurate 
                with the value of the extraordinary payments made.
            (2) Definition.--For purposes of this subsection, the term 
        ``maintenance'' means activities that cannot be performed by 
        the National Aeronautics and Space Administration and which 
        must be performed in order for the Service Module to provide 
        environmental control, life support, and orbital maintenance 
        functions which cannot be performed by an alternative means at 
        the time of payment.
            (3) Termination.--This subsection shall cease to be 
        effective on the date that is 60 days after the date on which a 
        United States propulsion module is in place at the 
        International Space Station.
    (h) Exception.--No agency of the United States Government may make 
extraordinary payments in connection with the International Space 
Station, or any other payments in connection with the International 
Space Station, to any foreign person subject to measures applied 
pursuant to section 4 of Executive Order 12938 (November 14, 1994), as 
amended by Executive Order 13094 (July 28, 1998).
    (i) Report on Certain Payments Related to International Space 
Station.--
            (1) In general.--The President shall, together with each 
        report submitted under section 3(a), transmit to the Committee 
        on Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives a report that 
        identifies each Russian entity or person to whom the United 
        States Government has, since November 22, 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 transmitted under paragraph (1) 
        shall include--
                    (A) the specific purpose of each payment made to 
                each entity or person identified in such 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. 10. EXCLUSION FROM THE UNITED STATES OF SENIOR OFFICIALS OF 
              FOREIGN PERSONS WHO HAVE AIDED PROLIFERATION RELATING TO 
              IRAN.

    Except as provided in subsection (b), the Secretary of State shall 
deny a visa to, and the Secretary of Homeland Security shall exclude 
from the United States, any alien whom the Secretary of State 
determines is an alien who, on or after the date of the enactment of 
this Act, is a--
            (1) corporate officer, principal, or shareholder with a 
        controlling interest of a foreign person identified in a report 
        submitted pursuant to section 3(a);
            (2) corporate officer, principal, or shareholder with a 
        controlling interest of a successor entity to, or a parent or 
        subsidiary of, a foreign person identified in such a report;
            (3) corporate officer, principal, or shareholder with a 
        controlling interest of an affiliate of a foreign person 
        identified in such a report, if such affiliate engaged in the 
        activities referred to in such report, and if such affiliate is 
        controlled in fact by the foreign person identified in such 
        report; or
            (4) spouse, minor child, or agent of a person excludable 
        under paragraph (1), (2), or (3).

SEC. 11. PROHIBITION ON CERTAIN VESSELS LANDING IN THE UNITED STATES; 
              ENHANCED INSPECTIONS.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended by adding at the end the following:

``SEC. 16. PROHIBITION ON CERTAIN VESSELS LANDING IN THE UNITED STATES; 
              ENHANCED INSPECTIONS.

    ``(a) Certification Requirement.--
            ``(1) In general.--Beginning on the date of enactment of 
        the Iran, North Korea, and Syria Nonproliferation Reform and 
        Modernization Act of 2011, before a vessel arrives at a port in 
        the United States, the owner, charterer, operator, or master of 
        the vessel shall certify that the vessel did not enter a port 
        in Iran, North Korea, or Syria during the 180-day period ending 
        on the date of arrival of the vessel at the port in the United 
        States.
            ``(2) False certifications.--The Secretary shall prohibit 
        from landing at a port in the United States for a period of at 
        least 2 years--
                    ``(A) any vessel for which a false certification 
                was made under section (a); and
                    ``(B) any other vessel owned or operated by a 
                parent corporation, partnership, association, or 
                individual proprietorship of the vessel for which the 
                false certification was made.
    ``(b) Enhanced Inspections.--The Secretary shall--
            ``(1) identify foreign ports at which vessels have landed 
        during the preceding 12-month period that have also landed at 
        ports in Iran, North Korea, or Syria during that period; and
            ``(2) inspect vessels arriving in the United States from 
        foreign ports identified under paragraph (1) to establish 
        whether the vessel was involved, during the 12-month period 
        ending on the date of arrival of the vessel at the port in the 
        United States, in any activity that would be subject to 
        sanctions under the Iran, North Korea, and Syria 
        Nonproliferation Reform and Modernization Act of 2011.''.

SEC. 12. SANCTIONS WITH RESPECT TO CRITICAL DEFENSE RESOURCES PROVIDED 
              TO OR ACQUIRED FROM IRAN, NORTH KOREA, OR SYRIA.

    (a) In General.--The President shall apply the sanctions described 
in subsection (b) to any person the President determines is, on or 
after the date of the enactment of this Act, providing to, or acquiring 
from, Iran, North Korea, or Syria any good or technology that the 
President determines is used, or is likely to be used, for military 
applications.
    (b) Sanctions Described.--The sanctions described in this 
subsection are, with respect to a person described in subsection (a), 
the following:
            (1) Foreign exchange.--Prohibiting any transactions in 
        foreign exchange that are subject to the jurisdiction of the 
        United States and in which that person has any interest.
            (2) Banking transactions.--Prohibiting any transfers of 
        credit or payments between financial institutions or by, 
        through, or to any financial institution, to the extent that 
        such transfers or payments are subject to the jurisdiction of 
        the United States and involve any interest of that person.
            (3) Property transactions.--Prohibiting any person from--
                    (A) acquiring, holding, withholding, using, 
                transferring, withdrawing, transporting, or exporting 
                any property that is subject to the jurisdiction of the 
                United States and with respect to which the person 
                described in subsection (a) has any interest;
                    (B) dealing in or exercising any right, power, or 
                privilege with respect to such property; or
                    (C) conducting any transaction involving such 
                property.
            (4) Loan guarantees.--Prohibiting the head of any Federal 
        agency from providing a loan guarantee to that person.
            (5) Additional sanctions.--Additional sanctions, as 
        appropriate, in accordance with the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.).
    (c) Restrictions on Export Licenses for Nuclear Cooperation and 
Certain Loan Guarantees.--Before issuing a license for the exportation 
of any article pursuant to an agreement for cooperation under section 
123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) or approving a 
loan guarantee or any other assistance provided by the United States 
Government with respect to a nuclear energy project, the Secretary of 
Energy, the Secretary of Commerce, and the Nuclear Regulatory 
Commission shall certify to Congress that issuing the license or 
approving the loan guarantee or other assistance (as the case may be) 
will not permit the transfer of any good or technology described in 
subsection (a) to Iran, North Korea, or Syria.
    (d) Exception.--The sanctions described in subsection (b) shall not 
apply to the repayment or other satisfaction of a loan or other 
obligation incurred under a program of the Export-Import Bank of the 
United States, as in effect as of the date of the enactment of this 
Act.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Adherent to relevant nonproliferation regime.--A 
        government is an ``adherent'' to a ``relevant nonproliferation 
        regime'' if such government--
                    (A) is a member of the Nuclear Suppliers Group with 
                respect to a transfer of goods, services, or technology 
                described in section 3(a)(1)(A)(i);
                    (B) is a member of the Missile Technology Control 
                Regime with respect to a transfer of goods, services, 
                or technology described in section 3(a)(1)(A)(ii), or 
                is a party to a binding international agreement with 
                the United States that was in effect on January 1, 
                1999, to control the transfer of such goods, services, 
                or technology in accordance with the criteria and 
                standards set forth in the Missile Technology Control 
                Regime;
                    (C) is a member of the Australia Group with respect 
                to a transfer of goods, services, or technology 
                described in section 3(a)(1)(A)(iii);
                    (D) is a party to the Convention on the Prohibition 
                of the Development, Production, Stockpiling and Use of 
                Chemical Weapons and on Their Destruction with respect 
                to a transfer of goods, services, or technology 
                described in section 3(a)(1)(A)(iv); or
                    (E) is a member of the Wassenaar Arrangement with 
                respect to a transfer of goods, services, or technology 
                described in section 3(a)(1)(A)(v).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.
            (3) 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 Government of the Russian Federation 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 such terms were in effect 
                on such date,
        except that such term does not mean payments in cash or in kind 
        made or to be made by the United States Government before 
        December 31, 2020, for work to be performed or services to be 
        rendered before such 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.
            (4) Foreign person.--The term ``foreign person'' means--
                    (A) a natural person who is an alien;
                    (B) a corporation, business association, 
                partnership, society, trust, or any other 
                nongovernmental entity, organization, or group, 
                successor, subunit, or subsidiary organized under the 
                laws of a foreign country or that has its principal 
                place of business in a foreign country; and
                    (C)(i) any foreign government; or
                    (ii) any foreign government agency or entity.
            (5) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result of such conduct, circumstance, or 
        result.
            (6) Organization or entity under the jurisdiction or 
        control of the russian aviation and space agency.--
                    (A) Definition.--The term ``organization or entity 
                under the jurisdiction or control of the Russian 
                Aviation and Space Agency'' means an organization or 
                entity that--
                            (i) was made part of the Russian Space 
                        Agency upon its establishment on February 25, 
                        1992;
                            (ii) was transferred to the Russian Space 
                        Agency by decree of the Government of the 
                        Russian Federation on July 25, 1994, or May 12, 
                        1998;
                            (iii) was or is transferred to the Russian 
                        Aviation and Space Agency or Russian Space 
                        Agency by decree of the Government of the 
                        Russian Federation at any other time before, 
                        on, or after March 14, 2000; or
                            (iv) is a joint stock company in which the 
                        Russian Aviation and Space Agency or Russian 
                        Space Agency has at any time held controlling 
                        interest.
                    (B) Extension.--Any organization or entity 
                described in subparagraph (A) shall be deemed to be 
                under the jurisdiction or control of the Russian 
                Aviation and Space Agency regardless of whether--
                            (i) such organization or entity, after 
                        being part of or transferred to the Russian 
                        Aviation and Space Agency or Russian Space 
                        Agency, is removed from or transferred out of 
                        the Russian Aviation and Space Agency or 
                        Russian Space Agency; or
                            (ii) the Russian Aviation and Space Agency 
                        or Russian Space Agency, after holding a 
                        controlling interest in such organization or 
                        entity, divests its controlling interest.
            (7) Subsidiary.--The term ``subsidiary'' means an entity 
        (including a partnership, association, trust, joint venture, 
        corporation, or other organization) of a parent company that 
        controls, directly or indirectly, the other entity.
            (8) Transfer or transferred.--The term ``transfer'' or 
        ``transferred'', with respect to a good, service, or 
        technology, includes--
                    (A) the conveyance of technological or intellectual 
                property; and
                    (B) the conversion of technological or intellectual 
                advances into marketable goods, services, or technology 
                of value that is developed and generated in one 
                location and transferred to another location through 
                illegal or illicit means.
            (9) United states person.--The term ``United States 
        person'' means--
                    (A) a natural person who is a citizen or resident 
                of the United States; or
                    (B) an entity that is organized under the laws of 
                the United States or any State or territory thereof.
            (10) Vessel.--The term ``vessel'' has the meaning given 
        such term in section 1081 of title 18, United States Code. Such 
        term also includes aircraft, regardless of whether or not the 
        type of aircraft at issue is described in such section.
            (11) Technical assistance.--The term ``technical 
        assistance'' means providing of advice, assistance, and 
        training pertaining to the installation, operation, and 
        maintenance of equipment for destabilizing types and forms of 
        conventional weapons.

SEC. 14. REPEAL OF IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION ACT.

    (a) Repeal.--The Iran, North Korea, and Syria Nonproliferation Act 
(50 U.S.C. 1701 note) is repealed.
    (b) References.--Any reference in a law, regulation, document, or 
other record of the United States to the Iran, North Korea, and Syria 
Nonproliferation Act shall be deemed to be a reference to this Act.

            Passed the House of Representatives December 14, 2011.

            Attest:

                                                                 Clerk.
112th CONGRESS

  1st Session

                               H. R. 2105

_______________________________________________________________________

                                 AN ACT

   To provide for the application of measures to foreign persons who 
 transfer to Iran, North Korea, and Syria certain goods, services, or 
                  technology, and for other purposes.