[Congressional Record Volume 151, Number 147 (Tuesday, November 8, 2005)]
[Senate]
[Pages S12550-S12551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              IRAN NONPROLIFERATION AMENDMENTS ACT OF 2005

  Mr. VOINOVICH. Mr. President, I ask unanimous consent that the Chair 
now lay before the Senate the House message to accompany the bill (S. 
1713) to make amendments to the Iran Nonproliferation Act of 2000 
related to International Space Station payments.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

                                S. 1713

       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

[[Page S12551]]

     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.''.

  Mr. VOINOVICH. I ask unanimous consent that the Senate concur in the 
House amendments, the motion to reconsider be laid upon the table, and 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________